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 ATLANTA: PRESS OF LONGINO PORTER, INC. 19680000 English
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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1968 19680000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
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PRESS OF LONGINO PORTER, INC. ATLANTA, GA.
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Compiler's Note To speed publication, the Acts and Resolutions of the 1968 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 1894. The proposed amendments to the Constitution were grouped together beginning at page 1449 of Volume One and are followed by a complete index, with separate pagination beginning with page 1 A. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning on page 2001. Revisions and amendments of municipal charters made pursuant to The Municipal Home Rule Act of 1965 as amended, and filed in the Office of Secretary of State during 1967 are printed in Volume Two beginning on page 3778. Home Rule Actions By Counties filed in the Office of Secretary of State during 1967 are printed in Volume Two beginning on page 3866. Except for the index contained in Volume One there are no intervening pages between 1894 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, and this is followed by a regular alphabetical index.
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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1968 GWINNETT COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUESREFERENDUM. No. 612 (House Bill No. 404). An Act to repeal an Act creating a Board of County Commissioners of Gwinnett County, approved August 16, 1915 (Ga. L. 1915, p. 244), as amended, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; to provide for the election of said new board; to provide for a chairman of said board and his election; to provide for the compensation of the chairman and members of said board; to provide for the powers and duties of said board and chairman; to provide for all procedures and matters relating to the foregoing; or as an alternative to the foregoing to amend the Act creating a Board of County Commissioners of Gwinnett County, approved August 16, 1915 (Ga. L. 1915, p. 244), as amended, so as to provide for six-year terms for the members of said board; to provide for the election of said
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members of said board for staggered terms; to change the compensation and expense allowance of the members of said board; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part I. Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Gwinnett County, approved August 16, 1915 (Ga. L. 1915, p. 244), as amended, is hereby repealed in its entirety. Act of 1915 repealed. Section 2. There is hereby created in and for the County of Gwinnett a chairman and board of commissioners of roads and revenues to be elected and organized as hereinafter set forth, which chairman and board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. Created. Section 3. The commission established herein shall consist of four members in addition to the chairman. The chairman shall be elected by the qualified voters of the entire county and may reside in any district in Gwinnett County, but each candidate for membership on the commission shall be a resident of the commissioner district hereinafter created, which he offers to represent, excluding the chairman, and shall be elected by the qualified voters of said district. For the purpose of electing commission members, Gwinnett County is hereby divided into four commissioner districts to be constituted and designated as follows: Members, etc. Commissioner District Number One shall be all that tract or parcel of land situated in the following militia districts: Sugar Hill, Suwanee, Pucketts and Hog Mountain. Commissioner District Number Two shall be all that tract or parcel of land situated in the following militia districts: Pinkneyville and Duluth.
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Commissioner District Number Three shall be all that tract or parcel of land situated in the following militia districts: Berkshire Garners, Cates, Rockbridge, Martins and Goodwins. Commissioner District Number Four shall be all that tract or parcel of land situated in the following militia districts: Lawrenceville, Dacula, Duncans, Rocky Creek, Harbins and Bay Creek. Section 4. The chairman shall be a citizen of this State, a resident of Gwinnett County, and shall hold no other public office. Chairman. Section 5. Members of the commission, other than the chairman, shall be citizens of this State who have been residents of their respective commissioner districts preceding their election, and shall hold no other elective public office. Members. Section 6. In the event of a vacancy in the office of chairman or a member of the commission whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the county commission to fill the vacancy by appointment of a qualified person meeting the residence requirements. Vacanciee. Section 7. The chairman or any member of the commission 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 30% 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' rgistration cards in Gwinnett County certifying that the names appearing on said petition have been verified by comparison with the list of qualified, registered voters
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maintained by him, and that the names appearing thereon constitute not less than 30% of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than thirty days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote, For recall of the above named officer, or, Against recall of the above named officer. The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. Recall. Section 8. Before entering upon the discharge of their duties, the chairman and members of the commission shall subscribe an oath before the ordinary of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall further give a satisfactory surety bond to be approved by the ordinary of the county and payable to the ordinary or his successor in office and filed in the office of the ordinary, in the sum of one hundred thousand ($100,000.00) dollars, conditioned upon the faithful performance of the duties of the office. Each member of the Board shall give like bond in the sum of twenty-five thousand ($25,000.00) dollars. The costs of said bonds shall be paid out of the county treasury. Oath, bond, etc.
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Section 9. (a) Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as same, the sum of three hundred fifty ($350.00) dollars each per month to be paid out of the county treasury upon warrants drawn upon the county treasury. Salaries, etc. (b) The chairman shall receive as his entire compensation the sum of ($15,000.00) dollars per annum during the first term of his office, the sum of seventeen thousand five hundred ($17,500.00) dollars per annum during his second term of office and twenty thousand ($20,000.00) dollars per annum during the third term of office. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be furnished by the county an automobile with the expenses of the operation thereof and the expenses incurred by said chairman to be paid by the county. Section 10. The first members of the commission created herein to represent commission districts shall be elected at the general election held in November, 1968, for staggered terms. The commission members so elected to represent commission districts numbers one and three shall serve from January 1, 1969, until December 31, 1972, and until their respective successors are elected and qualified. The commission members so elected to represent commission district numbers two and four shall serve from January 1, 1969, until December 31, 1970, and until their respective successors are elected and qualified. All commission members elected in subsequent elections, except members elected to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are elected and qualified so that two of the commissioner members shall be elected at the general election held every two years. Terms. Section 11. The first chairman of the board of commissioners of roads and revenues created herein shall be elected at the general election held in November, 1968, and shall serve from January 1, 1969, until December 31, 1972.
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The chairman and subsequent chairmen shall be elected at the same time as commission members from districts numbers one and three and shall serve for terms of four years and until his successor is elected and qualified. Same. Section 12. At the first regular meeting in January of each year, the commission shall elect from its members, a vice chairman. In the event of death, disqualification or resignation of the chairman, he shall perform the duties and authority of the chairman until a new chairman is chosen as herein provided. The vice chairman shall preside at commission meetings in the absence of the chairman, and shall serve for the current calendar year. In the event of a vacancy in the office of vice chairman, the commission shall elect a new vice chairman to serve for the remainder of the calendar year. Vice chairman. Section 13. The board of commissioners shall hold regular meetings on Tuesdays of each week at 2:00 o'clock p.m. at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or any three members of the commission, provided all members shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. The chairman and any two members of the commission, or any three members of the commission, exclusive of the chairman, shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the commission. The chairman shall be entitled to the same voting rights as other commission members on questions considered by the commission. Meetings, etc. Section 14. The chairman shall be the chief executive officer of the county government, and shall generally supervise, direct, and control the administration of the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The chairman shall preside over the meetings of the commission. Chairman.
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Section 15. The commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction which policies, rules and regulations when so adopted, with proper entry thereof made the commission minutes, shall be conclusive and binding on the chairman. The policies, rules and regulations so adopted by the commission shall be carried out, executed and enforced by the chairman as chief executive officer of the county and the commission shall exercise only those administrative powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said chairman which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null and void and of no effect. The following powers are hereby vested in the commission and reserved to its exclusive jurisdiction: Powers, etc. (a) To levy taxes; (b) To make appropriations; (c) To fix the rates of all other charges; (d) To authorize the incurring of indebtedness; (e) To order work done where the cost is to be assessed against benefitted property, and to fix the basis for such assessment; (f) To authorize contracts; (g) To establish, alter, open, close, build, repair or abolish public roads, private ways, bridges and ferries, according to law, provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met; (h) To establish, abolish, or change election precincts and militia districts according to law;
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(i) To allow the insolvent lists for the county; (j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the commissioner or board of commissioners of the county; (k) To exercise all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Roads and Revenues of Gwinnett County in respect to zoning and planning; (l) To create and change the boundaries of special taxing districts authorized by law; (m) To fix the bonds of county officers where same are not fixed by statute; (n) To enact any ordinances or other legislation the county may be given authority to enact; (o) To determine the priority of capital improvements; (p) To call elections for the voting bonds; (q) To exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated by law to the Commission of Roads and Revenues of Gwinnett County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated. Section 16. The commission shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices. Same. Section 17. (a) The commission shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Gwinnett County
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which may now be in force or subsequently adopted, all employees of the county. Employees, etc. (b) The commission may appoint an executive assistant to the chairman, fix his compensation within budgetary provisions and assign his duties. Said executive assistant shall in general, exercise such routine duties of the chairman as shall be delegated to him by the commission. The executive assistant shall have successfully completed formal training in business administration, engineering or public administration and have had at least two years' experience in one or more of the three fields. The executive assistant shall serve at the pleasure of the commission, who shall be authorized and empowered from time to time to increase, diminish, alter or modify his duties according to their own discretion. Section 18. The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the commission, within budgetary provisions. Same. Section 19. (a) The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the chairman and commission shall be divided into the following departments: (1) Finance; (2) Water; (3) Public Works; (4) Public Safety; (5) Zoning and Planning. Organization of county government. (b) Additional departments may be created, or any two or more departments may be consolidated, from time to time by a majority of the commission, except that the department of finance shall be maintained at all times as a separate and distinct department. (c) Provided, however, that insofar as the water department is concerned, that the existing laws together with the commitments by the county to the bondholders shall not be in any way nor in any manner interferred with and upon the payment of the indebtedness of the water system, then and in that event, complete control of said water system shall be under the governing authority of Gwinnett County.
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Section 20. The department of finance shall be under the control and supervision of the director of finance. The department of finance shall, pursuant to the resolutions adopted by the commission and instructions given by the chairman, perform the following functions: Department of finance. (a) Keep and maintain accurate records reflecting the financial affairs of the county; (b) Compile the annual budget covering all county funds; (c) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same; (d) Maintain current control accounts over the collection and deposit of monies due the county from taxes and other sources; (e) Examine all claims against the county and make a recommendation as to payment; (f) Maintain budgetary control accounts showing encumbrances, for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and unallotted balances of appropriations; (g) Maintain proprietary accounts of the current assets and of the liabilities of all county funds; (h) Prepare and issue quarterly financial reports of the operations of all county funds; (i) Establish rules and regulate purchasing service for all county departments, offices and agencies. Formal, sealed bids, after advertising for same, must be obtained on all purchases exceeding five hundred ($500.00) dollars; (j) Maintain property control records of all county property, including equipment and stores, and supervise stores;
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(k) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend means of financing those requirements and advise the chairman and commission on financial matters; (l) Perform such other duties as may be assigned by the chairman and/or commission. Section 21. The director of finance shall be ex officio clerk of the chairman and commission, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the chairman. The minute books of the chairman and commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee to be paid into the county treasury as other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same. Same, director, etc. Section 22. The chairman shall submit annually to the commission, by not later than December 1, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Gwinnett County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the commission at the first regular meeting in January of the year to which it applies, which budget, when so adopted or amended by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information
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and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairman to the grand jury of the Superior Court of Gwinnett County within ten days from the time such budget or amendment thereof is adopted by the commission. Budget. Section 23. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The chairman shall enforce compliance with this provisions by all departments of county government, including those for elected officers, and to this end shall, through the director and department of finance, institute a system of expenditure of all monies appropriated and budgeted. Expenditure of funds. Section 24. The last grand jury impaneled in each year shall obtain bids and 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 by the commissioners 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 grand jury and the commission at least quarterly. Each quarterly and annual report submitted to the commission shall be filed with the department of finance and be made available to public inspection as other records in such office. The commission shall cause to be published in the official organ of Gwinnett 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. The accountant shall transmit to the grand jury of the Superior Court of Gwinnett County a copy of each quarterly and annual report furnished by him to the commission. Audits. Part II . Section 1. An Act creating a board of commissioners for Gwinnett County, approved August 16, 1915 (Ga. L. 1915, p. 244), as amended, is hereby amended by striking in their
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entirety section 2 and section 2A and substituting in lieu thereof a new section 2 to read as follows: Section 2. (a) The terms of office of the three members of the board of commissioners of Gwinnett County shall be for six years and until their successors are elected and qualified, and at the general election to be held in November, 1968, said three commissioners shall be elected for staggered terms as follows: There shall be three commissioner posts to be designated commissioner post 1, commissioner post 2, and commissioner post 3. Each candidate for the office of commissioner shall designate the commissioner post for which he is offering. The commissioner from commissioner post 1 who is elected at said general election to be held in November, 1968, shall be elected for an initial term, beginning on January 1, 1969, of two years and until his successor is elected and qualified. The commissioner from commissioner post 2 who is elected at said general election to be held in November, 1968, shall be elected for an initial term, beginning on January 1, 1969, of four years and until his successor is elected and qualified. The commissioner from commissioner post 3 who is elected at said general election held in November, 1968, shall be elected for a term, beginning on January 1, 1969, of six years and until his successor is elected and qualified. Thereafter, the commissioner whose term is expiring shall be elected at the general election immediately preceding the expiration of his term for a term, to begin on January 1 following his election, of six years and until his successor is elected and qualified. Terms of commissioners, etc. (b) In the event of a vacancy on the board for any reason other than the expiration of a term of office, such vacancy shall not be filled if the remainder of the unexpired term does not exceed six months, and the remaining members of the board shall have full authority to act in all matters just as if all seats on the board were filled. In the event the remainder of the unexpired term exceeds six months, it shall be the duty of the Ordinary of Gwinnett County to call a special election to be held not less than 20 nor more than 30 days after the vacancy occurs for the purpose of electing a person to fill the vacancy for the
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unexpired term. In the event a person who is elected at a regular election to serve a full term, dies prior to the time he takes office, it shall be the duty of the Ordinary to call a special election to be held not less than 20 nor more than 30 days after the death of such person for the purpose of electing a person to serve the term which the person who dies would have served. Vacancies. (c) All commissioners may reside anywhere within the territorial limits of Gwinnett County and shall be elected by the qualified voters of Gwinnett County on a countywide basis. All elections for county commissioner of Gwinnett County shall be held and conducted in accordance with the general laws of this State governing the election of county officers. Elections, etc. Section 2. Said Act is further amended by striking from section 8 the following: seventy-five hundred dollars ($7,500.00) and one hundred dollars ($100.00), and inserting in lieu thereof the following: ten thousand dollars ($10,000.00) and two hundred dollars ($200.00) respectively, so that when so amended section 8 shall read as follows: Section 8. The county commissioners shall receive an annual salary of ten thousand dollars ($10,000.00), payable in equal monthly installments from the funds of Gwinnett County. In addition to said annual salary, each of the commissioners shall receive a monthly expense allowance of two hundred dollars ($200.00), payable from the funds of Gwinnett County, to cover all expenses incurred by said commissioners in their performance of their official duties. Salaries, etc. Part III . Section 1. Not less than thirty nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Gwinnett County to issue the call for an election for the purpose of submitting this Act to the voters of Gwinnett County for the approval of Part I or Part II of this Act, as the case may be. The ordinary shall set the date of such election for a day not less than 15 nor more
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than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: For approval of Part I of the Act repealing the Act creating a Board of County Commissioners of Gwinnett County and creating in lieu thereof a new Chairman and Board of Commissioners of Roads and Revenues of Gwinnett County. Referendum. For approval of Part II of the Act amending the Act creating the Board of County Commissioners of Gwinnett County so as to provide six-year staggered terms for the members of said Board, and changing the compensation and expense allowance of the members of said Board. All persons desiring to vote in favor of Part I of said Act shall vote for Part I, and all persons desiring to vote for Part II of said Act shall vote for Part II. If more than one-half the votes cast are for approval of Part I of said Act, it shall become effective, otherwise it shall be void and of no force and effect. If more than one-half of the votes cast are for approval of Part II of said Act, it shall become effective, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Gwinnett County. It shall be 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 special 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 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1967 session of the General Assembly of Georgia a bill to repeal an act creating a board of county commissioners of Gwinnett County, approved August 16, 1915 (Ga. L. 1915, Page 244) as amended, so as to create a new board of commissioners of roads and revenues of Gwinnett County; to provide for a chairman of said board; to provide for the election, powers and duties of said board and chairman; to provide the procedures connected with the foregoing; and for other purposes. This 26th day of January, 1967. James D. Mason Norris J. Nash Georgia, Gwinnett County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 22nd Post 2 District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: February 3, 10, and 17, 1967. /s/ James D. Mason, Post #2 Representative, 22nd District Sworn to and subscribed before me, this 17th day of February, 1967. /s/ G. Hughel Harrison Notary Public (Seal). Approved January 31, 1968.
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CITY COURT OF DUBLINNAME CHANGED TO STATE COURT OF LAURENS COUNTY. No. 613 (House Bill No. 893). An Act to amend an Act creating the City Court of Dublin, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, so as to change the name of the City Court of Dublin; to provide that the changing of the name of the said court shall not affect the status of the said court in any other manner; 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 Dublin, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, is hereby amended by striking the words City Court of Dublin whenever the same shall appear and inserting in lieu thereof the words State Court of Laurens County so that the said court shall be known as the State Court of Laurens County. All prior Acts applicable to the City Court of Dublin or city courts generally and all Acts applicable to the personnel of the said court shall be applicable to the State Court of Laurens County and its personnel. All future Acts relating to city courts in this state shall apply to the State Court of Laurens County in every respect and the changing of the name of the said court shall not affect the status of the said court or any civil or criminal matter pending in the said court after this Act becomes effective. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia a bill to amend an Act establishing the City Court of Dublin, approved December 6, 1900 (Ga. L. 1900, p. 117), as
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amended, so as to change the name of said court and for other purposes. This 15th day of December, 1967. Dub Douglas Carlus Gay Representatives, Laurens County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dubignion Douglas who, on oath, deposes and says that he is Representative from the 60th District, and that the attached copy of notice of intention to introduce local legislation was published in the Dublin Courier Herald which is the official organ of Laurens County, on the following dates: December 16, 23 and 30th, 1967. /s/ Dubignion Douglas Representative, 60th District Sworn to and subscribed before me, this 9 day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved February 5, 1968. CITY OF TIFTONPOLICE COURT. No. 614 (House Bill No. 1045). An Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, so as to change certain provisions relating to
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the police court of the City of Tifton; to change the provisions relating to the recorder of the said police court; to provide that said recorder should be a member in good standing of the State Bar of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing the charter of the City of Tifton and providing a new charter for said city, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, is hereby amended by striking section 34 in its entirety and substituting in lieu thereof a new section 34 to read as follows: Section 34. Be it further enacted, that there shall be in the City of Tifton a court known as the police court of the City of Tifton, and the same shall have a seal and shall be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, together with all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the limits of the corporate limits of said city, or within two miles of said corporate limits, it being the intent of this charter to give said city as full and complete jurisdiction over said territory within two miles of the corporate limits of said city as though the offense has been committed within the said corporate limits of said city. The sessions of said police court shall be held by the recorder of said city, at such times and at such places in said city as in his judgment may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above defined territory and upon conviction may punish said offenders by a fine of not more than three hundred and fifty dollars or by confinement in the city jail for not more than twelve months, or by both such fine and imprisonment to the discretion of said police court. All persons convicted in said court may be hired to the county authorities of Tift County for a like term as herein provided. Jurisdiction, etc. Section 2. Said Act is further amended by striking section 39 in its entirety and substituting in lieu thereof a new section 39 to read as follows:
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Section 39. Be it further enacted that a recorder's court be, and the same is hereby created, in aforesaid city for the purpose of trying cases and misdemeanors against the ordinances of said city. It shall be the duty of the city manager as hereinbefore provided to appoint some upright and intelligent person who shall be a member in good standing of the State Bar of Georgia to perform the duty of that officer. Said city manager shall fix the compensation of the recorder. Said recorder may be appointed and removed at any time when in the judgment of said city manager the same may be for the best interest of the city. 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, or when he may be disqualified. In such cases said recorder shall appoint some suitable person to act in his stead temporarily. Recorder. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act repealing the charter of the City of Tifton and providing a new charter for said City, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, so as to change the provisions relating to the police court of the City of Tifton; and for other purposes. This 18th day of December, 1967. Henry Bostick Representative, 93rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of notice of
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intention to introduce local legislation was published in The Tifton Gazette which is the official organ of Tift County, on the following dates: December 21, 28, 1967 and January 4, 1968. /s/ Henry Bostick Representative, 93rd District Sworn to and subscribed before me, this 17 day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved February 8, 1968. CITY OF TIFTONCOMMISSIONERSREFERENDUM. No. 615 (House Bill No. 1046). An Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said City, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved February 18, 1955 (Ga. L. 1955, p. 2344), and by an Act approved February 27, 1962 (Ga. L. 1962, p. 2336), so as to provide that city commissioners may reside anywhere within the corporate limits of the City of Tifton; to provide for commissioner posts; to provide for the election of commissioners from said commissioner posts; to provide the procedures connected with the foregoing; 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 of the City of Tifton and providing a new charter for said City, approved
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August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved February 18, 1955 (Ga. L. 1955, p. 2344), and by an Act approved February 27, 1962 (Ga. L. 1962, p. 2336), is hereby amended by striking in their entirety sections 2a, 2b, and 2c. Prior Act repealed. 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. Be it further enacted that the municipal government of the City of Tifton shall consist of five commissioners, who may reside anywhere within the corporate limits of the City of Tifton, to be elected by the qualified voters of the City at large, as hereinafter provided, and a city manager and such other officers as may be appointed by said city manager. Government. Section 3. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) Be it further enacted that for the purpose of electing the five commissioners of the City of Tifton there shall be five commissioner posts to be designated commissioner posts 1 through 5. The commissioners from wards 2 and 4 whose terms of office expire on December 31, 1968, shall be succeeded by commissioners from commissioner posts 2 and 4 who shall be elected on the first Wednesday in December, 1968, to take office on the first day of January, 1969, for terms of three years and until their successors are elected and qualified. The commissioner from the city at large whose term of office expires on December 31, 1969, shall be succeeded by the commissioner from commissioner post 5 who shall be elected on the first Wednesday in December, 1969, to take office on the first day of January, 1970, for a term of three years and until his successor is elected and qualified. The commissioners from wards 1 and 3 whose terms of office expire on December 31, 1970, shall be succeeded by commissioners from posts 1 and 3 who shall be elected on the first Wednesday in December, 1971, for terms of three years and until their successors are
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elected and qualified. Thereafter, an election shall be held on the first Wednesday in December of each year to elect the commissioners from the commissioner post or posts whose terms of office are expiring on December 31, immediately following the election and such commissioners shall take office on the first day of January following their election for terms of three years and until their successors are elected and qualified. Thereafter, an election shall be held on the first Wednesday in December of each year to elect the commissioners from the commissioner post or posts whose terms of office are expiring on December 31, immediately following the election and such commissioners shall take office on the first day of January following their election for terms of three years and until their successors are elected and qualified. Commissioner posts, terms, etc. (b) All persons offering themselves for election as commissioner shall designate the commissioner post for which he is offering as a candidate, and must have been a bona fide resident of the City of Tifton continuously for a period of six months next preceding the qualification date for candidacy for commissioner. Commissioners shall hold office for their elected term only so long as they shall remain bona fide residents of the City of Tifton. Qualifications, etc. (c) The elections herein provided for shall be under the management and control of a justice of the peace and two freeholders, residents of said city, or three freeholders, residents of said city, which said justice of the peace and freeholders shall be appointed by the commission. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be fixed by said commission. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, and insofar as said rules and regulations are applicable and are not in conflict with this Act. Elections (d) The present commissioners of the City of Tifton shall continue to hold office until the expiration of the terms to which elected and their successors have been duly elected
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and qualified as provided in this section. The present and future commissioners shall be eligible to succeed themselves in office. Present commissioners. Section 4. Said Act is further amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. Be it further enacted that should a vacancy occur on the commission by reason of death, resignation, disqualification or otherwise, the remaining members of the commission shall select from the bona fide residents of the City of Tifton some fit and proper person to fill such vacancy and serve on said commission only until the next regular election, at which time, in addition to the commissioner or commissioners whose terms shall be expiring, an additional commissioner shall be elected to fill the unexpired term. Vacancies. Section 5. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the 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 fifteen nor more than thirty 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 providing that the commissioners of the City of Tifton may reside anywhere within the corporate limits of the City of Tifton and designating commissioner posts for the purpose of electing members of the City Commission. Referendum. Against approval of the Act providing that the commissioners of the City of Tifton may reside anywhere within the corporate limits of the City of Tifton and designating commissioner posts for the purpose of electing members of the City Commission.
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All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If 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 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 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 1968 session of the General Assembly of Georgia a bill to amend the charter of the City of Tifton so as to eliminate therefrom the provisions relating to the division of the City of Tifton into wards and the election of Commissioners from such wards; to provide for a referendum; and for other purposes. This 12th day of December, 1967. Henry W. Bostick Tift County Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick who, on oath, deposes and says that he is Representative from the 93 District, and that the attached copy of notice of intention to introduce local legislation was published in The Tifton
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Gazette which is the official organ of Tift County, on the following dates: December 14, 21, and 28, 1967. Henry Bostick Representative, 93rd District Sworn to and subscribed before me this 17th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large My Commission Expires Jan. 2, 1970. (Seal). Approved February 8, 1968. CITY OF TIFTONCOMMISSIONERS' SALARIES. No. 616 (House Bill No. 1047). An Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, 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 change the compensation of the chairman and the members of the city commission of the City of Tifton to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing the charter of the City of Tifton and providing a new charter for said city, 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 striking section 4A in its entirety and substituting in lieu thereof a new section 4A to read as follows: 4A. The chairman of the city commissioners shall receive a salary of one hundred fifty ($150.00) dollars per
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month and the other four (4) commissioners shall receive a salary of one hundred ($100.00) dollars per month, said sums to be paid from the funds of the City of Tifton. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act repealing the charter of the City of Tifton and providing a new charter for said City, approved August 14, 1920 (Ga. L. 1625), as amended, so as to change the compensation of the chairman and members of the city commission; and for other purposes. This 18th day of December, 1967. Henry Bostick Representative, 93rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick who, on oath, deposes and says that he is Representative from the 93rd District, 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 Tift County, on the following dates: December 21, December 28, 1967 and January 4, 1968. Henry Bostick Representative, 93rd District Sworn to and subscribed before me this 17th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large My Commission expires Jan. 2, 1970. (Seal). Approved February 8, 1968.
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GORDON COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUESREFERENDUM. No. 619 (House Bill No. 845). An Act to create a board of commissioners of roads and revenues for Gordon County, Georgia; to provide for the membership of said board; to provide for the election, qualification, terms, powers, authority, compensation, and duties of the chairman and commissioners; to provide for filling vacancies; to provide for their oath and bond; to provide for meetings; to define the powers and authority of the board; to provide for the submission of an annual budget by the chairman to the board; to provide for a method for the expenditure of county funds; to provide for an annual and periodic audit of county finances; to provide for a referendum; to repeal certain specific laws; 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. There is hereby created in and for the County of Gordon a board of commissioners of roads and revenues to be elected and organized as hereinafter set forth. The board shall constitute the governing authority of Gordon County and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. Created. Section 2. The board shall consist of three members of which two members shall be known as commissioners and one member shall be known as the chairman. Each position on the commission shall be a separate and distinct one for the purposes of elections and shall be designated as The Chairman Post,The Commissioner No. 1 Post, and The Commissioner No. 2 Post. In all elections held pursuant to this Act, each candidate shall designate, at the time of his qualification, the Post for which he offers. Members. Section 3. All members of the board shall be elected by the voters of the entire county. The first election shall be held in the general election of 1968, and their terms shall
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commence on January 1, 1969. The chairman shall serve for a term of office of four years and until his successor is duly elected and qualified. The first two commissioners shall serve for a term of office of two years and until their successors are duly elected and qualified. Thereafter, successors to the initial members of the board shall be elected in the general election conducted in the year in which their terms of office expired and shall take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Terms, elections, etc. Section 4. In the event of a vacancy in the office of chairman or a commissioner whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the remaining members of the commission to fill vacancies by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office. Vacancies. Section 5. Before entering upon the discharge of their duties, the chairman and commissioners shall subscribe an oath before the ordinary of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall further give a satisfactory surety bond to be judged by the ordinary of the county and payable to the ordinary or his successor in office and filed in the office of the ordinary, in the sum of fifty thousand ($50,000.00) dollars, conditioned upon the faithful performance of the duties of the office. Each commissioner shall give like bond in the sum of ten thousand ($10,000.00) dollars. The costs of said bonds shall be paid out of the county treasury. Oaths, bonds. Section 6. The commissioners shall receive the sum of two hundred ($200.00) dollars per month and an expense allowance of up to fifty ($50.00) dollars per month. The
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chairman shall receive the sum of nine thousand ($9,000.00) dollars per annum, and an expense allowance of up to one hundred ($100.00) dollars per month. Compensation. Section 7. The board shall hold regular weekly meetings at such time and place as they shall designate. Said meeting shall be open to the public. The board may hold such additional meetings as shall be necessary when called by the chairman or the two commissioners. No official action shall be taken by the board except in a meeting which is open to the public. Any two members of the board shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least two members of the board. The chairman shall be entitled to the same voting rights as other commission members on questions considered by the commission. Meetings. Section 8. The chairman shall be the chief executive officer of the county government, and shall generally supervise, direct, and control the administration of the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the board in regard to matters reserved to the exclusive jurisdiction of the board. The chairman shall preside over meetings of the commission. The chairman shall establish rules and regulate purchasing services for all county departments, offices and agencies. He shall be authorized to make purchases for the county in amounts not exceeding $1,000.00. Chairman. Section 9. The board shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the board minutes, shall be conclusive and binding on the chairman. The policies, rules and regulations so adopted by the board shall be carried out, executed and enforced by the chairman as chief executive officer of the county. The board shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body of which are necessary to compel enforcement of its adopted resolutions.
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Any action taken by the chairman which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the board shall be null, void and of no effect. The following powers are hereby vested in the board and reserved to its exclusive jurisdiction: Powers. (a) To levy taxes. (b) To make appropriations. (c) To fix the rates of all other charges. (d) To authorize the incurring of indebtedness. (e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (f) To authorize contracts, except purchases otherwise provided for herein, involving the expenditure of county funds. (g) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law. (h) To establish, abolish, or change election precincts and militia districts according to law. (i) To allow the insolvent lists for the county. (j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the commissioner, or board of commissioners of the county. (k) To exercise, all powers, duty and authority heretofore imposed upon or vested in the commissioner of roads and revenues of Gordon County in respect to zoning and planning.
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(l) To create and change the boundaries of special taxing districts authorized by law. (m) To fix the bonds of county officers where same are not fixed by statute. (n) To enact any ordinances or other legislation the county may be given authority to enact. (o) To determine the priority of capital improvements. (p) To call elections for the voting of bonds. (q) To exercise all of the power and authority heretofore vested by law in the commissioner of roads and revenues of Gordon County together with the power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever named designated, except such authority or power given to the chairman by the provisions of this Act. (r) To make purchases in amounts over $1,000.00, provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for two (2) consecutive weeks in the official organ of Gordon County. Formal, sealed bids after said advertising has been published, must be obtained on all purchases of $1,000.00 or more. (s) To dispose of surplus property of the county, not exceeding a value of $500.00, by the unanimous consent of the chairman and commissioners. For property exceeding a value of $500.00, it shall be necessary to first advertise for competitive bids before disposing of any surplus property. Section 10. The commission shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices. Reports. Section 11. Subject to the qualifications and limitations set out in this Act, the chariman shall have the exclusive power and authority to appoint, remove, and fix the compensation
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of, within budgetary provisions, all employees and officials of the county, except the personnel of elected county officers. Employees. Section 12. The chairman shall submit annually to the board, not later than June 1st, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The 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 Gordon County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the commission at the first regular meeting in July, which budget, when so adopted or amended by the board, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. Budget. Section 13. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board. The chairman shall enforce compliance with this provision by all departments of county government, including those for elected officers. Same. Section 14. The board shall on or before June 30th 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 board at least quarterly. Each quarterly and annual report submitted to the board shall be filed with the chairman and be made available to
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public inspection as other records in such office. The board shall cause to be published in the official organ of Gordon 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 Gordon County a copy of each quarterly and annual report furnished by him to the board. Each month the chairman shall post in a conspicuous place a list of all checks issued by Gordon County. Audits. Section 15. It shall be the duty of the ordinary of Gordon County to issue the call for an election for the purpose of submitting this Act to the voters of Gordon County for approval or rejection. The ordinary shall set the date of such election not earlier than April 1, 1968 nor later than May 15, 1968. 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 Gordon County. The ballot shall have written or printed thereon the words: For approval of an Act providing for a three-member board of commissioners of roads and revenues for Gordon 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 Gordon 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 special 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 16. An Act creating the office of the commissioner of roads and revenues for Gordon County, approved
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August 4, 1920, (Ga. L. 1920, p. 541), as amended, is hereby repealed in its entirety. 1920 Act repealed. Section 17. If this Act shall be approved in the election provided for in section 15, this Act shall become effective on January 1, 1969, except for the provisions of section 3 hereof relating to the initial election of the board of commissioners of roads and revenues for Gordon County. Effective date. Section 18. 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 1968 session of the General Assembly of Georgia, a bill to provide for a new three-member board of commissioners of roads and revenues for Gordon County; to provide the procedure connected therewith; to provide for a referendum; and for other purposes. This 5th day of December, 1967. Tom L. Shanahan Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of notice of intention to introduce local legislation was published in The Calhoun Times which is the official organ of Gordon County, on the following dates: December 6, 13, 20, 1967. /s/ Tom L. Shanahan Representative, 8th District
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Sworn to and subscribed before me, this 8th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 14, 1968. CITY OF TRENTONEMINENT DOMAIN. No. 622 (House Bill No. 964). An Act to amend an Act providing a new charter for the City of Trenton, approved February 17, 1949 (Ga. L. Ex. Sess. 1948; Reg. Sess. 1949, p. 825), as amended, by an Act approved March 17, 1960 (Ga. L. 1960, p. 2879), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 2939), so as to change the provisions of said charter relating to the power of eminent domain; to provide the purposes for which the power of eminent domain may be exercised; 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 Trenton, approved February 17, 1949 (Ga. L. Ex. Sess. 1948; Reg. Sess. 1949, p. 825), as amended, by an Act approved March 17, 1960 (Ga. L. 1960, p. 2879), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 2939), is hereby amended by striking Section 19 in its entirety and substituting in lieu thereof a new section 19 to read as follows: Section 19. Be it further enacted that the mayor and city council shall have power to open any new street in said city, or to alter or extend any street. Said mayor and council shall also have power to condemn property, inside or outside the city, pursuant to the applicable provisions of Title 36 of the Code of Georgia of 1933, for the purpose of acquiring,
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constructing, building, operating, and maintaining public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, airports, hospitals and, charitable, educational, recreational, sport, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public facilities. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act providing a new charter for the City of Trenton, approved February 17, 1949 (Ga. L. 1949, p. 825), as amended, so as to change the provisions relating to the power of eminent domain; and for other purposes. This 23rd day of December, 1967. Maddox J. Hale Representative, 1st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maddox J. Hale, who on oath deposes and says that he is Representative from the First District, and that the foregoing notice of intention to introduce local legislation is a true and exact copy of the notice published in the Dade County Sentinel, which is the official organ of Dade County, on the following dates: December 28, 1967, January 4, 1968 and January 11, 1968. /s/ Maddox J. Hale Representative, First District
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Sworn to and subscribed before me, this 15th day of January, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved February 16, 1968. CITY OF TRENTONSALARIES OF MAYOR, COUNCILMEN AND RECORDER. No. 623 (House Bill No. 1275). An Act to amend an Act providing a new charter for the City of Trenton, approved February 17, 1949 (Ga. L. Ex. Sess. 1948; Reg. Sess. 1949, p. 825), as amended, by an Act approved March 17, 1960 (Ga. L. 1960, p. 2879), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 2939), so as to change the provisions of said charter relative to salaries and compensation of the mayor, councilmen and recorder of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Trenton, approved February 17, 1949 (Ga. L. Ex. Sess. 1948; Reg. Sess. 1949, p. 825), as amended, by an Act approved March 17, 1960 (Ga. L. 1960, p. 2879), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 2939), is hereby amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16 to read as follows: Section 16. Be it further enacted, that the salaries or compensation of mayor, councilmen and recorder of the City of Trenton shall be fixed by the mayor and council at the first regular monthly meeting following the effective date of this Act for the term beginning in January 1968, and at the first regular meeting in January of each term thereafter for the ensuing term, which salaries or compensation
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shall not be altered during the term of office of such officers. The salary or compensation so fixed for the mayor shall not exceed $1,000.00 per annum. The salary or compensation so fixed for the councilmen shall not exceed $400.00 per annum each. Be it further enacted that the mayor or mayor pro tem. and two of the councilmen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time and may compel the attendance of absentees. Any councilman shall have the right to call for the ayes and nays and shall have the same recorded in the minutes. In all cases the mayor shall have no vote except in case of a tie. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act providing a new charter for the City of Trenton, approved February 17, 1949 (Ga. L. 1949, p. 825), as amended, so as to change the provisions relating to compensation and salaries of the mayor, councilmen and recorder; and for other purposes. This 12th day of January, 1968. Maddox J. Hale Representative, 1st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maddox J. Hale, who on oath deposes and says that he is Representative from the First District, and that the foregoing notice of intention to introduce local legislation is a true and exact copy of the
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notice published in the Dade County Sentinel, which is the official organ of Dade County, on the following dates: January 18, 1968, January 25, 1968 and February 1, 1968. /s/ Maddox J. Hale Representative, First District Sworn to and subscribed before me, this 5th day of February, 1968. /s/ Doris Alford Notary Public, Georgia State at Large. My Commission expires Oct. 26, 1971. (Seal). Approved February 16, 1968. BUTTS COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 625 (House Bill No. 913). An Act to amend an Act placing the sheriff of Butts County on an annual salary, approved January 27, 1961 (Ga. L. 1961, p. 2022), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2275), so as to change the compensation of the deputy sheriffs; 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 Butts County on an annual salary, approved January 27, 1961 (Ga. L. 1961, p. 2022), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2275), is hereby amended by striking from section 4 the symbol and figures $375.00, and substituting in lieu thereof the symbol and figures
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$500.00, so that when so amended section 4 shall read as follows: Section 4. The sheriff is hereby authorized to appoint two full-time or part-time deputies to assist him in the performance of his duties, and the compensation of said deputies shall be fixed in an amount not to exceed $500.00 per month by the board of commissioners of roads and revenues for Butts County, Georgia, and shall be payable monthly from the funds of Butts County. Salaries. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the deputy sheriffs of Butts County; to authorize the employment of additional deputies; to provide for additional automobiles of the sheriff's office; and for other purposes. This 15th day of December, 1967. Harold G. Clarke Representative, 45 District 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 the 45th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: December 21, 28, 1967 and January 4, 1968.
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/s/ Harold G. Clarke Representative, 45th District Sworn to and subscribed before me, this 10th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 21, 1968. BUTTS COUNTYEMPLOYEES OF CLERK OF SUPERIOR COURT. No. 626 (House Bill No. 914). An Act to amend an Act placing the clerk of the Superior Court of Butts County on an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2994), so as to provide for the employment of additional personnel within the clerk'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. An Act placing the clerk of the Superior Court of Butts County on an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2994), is hereby amended by adding between sections 2 and 3 a new section to be known as section 2A and to read as follows: Section 2A. The clerk is authorized to employ such number of persons to assist him in discharging the official duties of his office as the governing authority of Butts County shall agree to. Such personnel shall receive such
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compensation as the clerk and the governing authority of Butts County shall agree to. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to provide for the employment of additional personnel within the clerk's office of the Superior Court of Butts County; and for other purposes. This 15th day of December, 1967. Harold G. Clarke Representative, 45 District 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 the 45th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: December 21, 28, 1967 and January 4, 1968. /s/ Harold G. Clarke Representative, 45th District
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Sworn to and subscribed before me, this 10th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 21, 1968. JUVENILE COURT JUDGE'S SALARIES IN CERTAIN COUNTIES (250,000-500,000). No. 628 (House Bill No. 1208). An Act to amend an Act entitled An Act to fix the salary of the judge of the juvenile court in certain counties; to repeal conflicting laws; and for other purposes., approved March 10, 1966 (Ga. L. 1966, p. 3350), so as to change the salary of the judge of the juvenile court in certain counties; to repeal conflicting laws; and for certain purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to fix the salary of the judge of the juvenile court in certain counties; to repeal conflicting laws; and for other purposes., approved March 10, 1966 (Ga. L. 1966, p. 3350), is hereby amended by striking from section 1 the following: fourteen thousand dollars ($14,000.00) per annum, payable in equal monthly installments out of the funds of such counties., and inserting in lieu thereof the following: sixteen thousand, five hundred dollars ($16,500.00) per annum, payable in equal monthly installments from funds of such counties, until the end of the current fiscal year in such counties, at which time the salary shall be seventeen thousand, five hundred dollars ($17,500.00) per annum, payable in equal monthly installments from funds of such counties.,
Page 2047
so that when so amended section 1 shall read as follows: Section 1. The salary of the judge of the juvenile court in all counties of this state 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 census, shall be sixteen thousand, five hundred dollars ($16,500.00) per annum, payable in equal monthly installments from funds of such counties, until the end of the current fiscal year, at which time the salary shall be seventeen thousand, five hundred dollars ($17,500.00) per annum, payable in equal monthly installments from funds of such counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1968. DEKALB COUNTYMERIT SALARY INCREASES. No. 629 (House Bill No. 1257). An Act to amend an Act authorizing the establishment of a merit system for employees of DeKalb County approved March 6, 1956, (Ga. L. 1956, p. 3111), so as to provide that there shall be no discrimination between employees under the merit system and those not under the merit system in the granting of so-called merit salary increases; 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. The Act authorizing the establishment of a merit system for employees of DeKalb County approved March 6, 1956, (Ga. L. 1956, p. 3111) is hereby amended by adding following subparagraph (b) of section 1 of said Act a new subparagraph to be designated as (c) to read as follows:
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(c) The governing authority of DeKalb County shall not discriminate between employees under the merit system and employees not under the merit system in the granting of merit salary increases. 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 filed at the next session of the General Assembly of Georgia convening in January, 1968, a Bill to amend the Act creating the DeKalb County Merit System, Georgia Laws 1956, page 3111, so as to make certain provisions for some employees not now included in the Act; and for other purposes. J. Robin Harris, Representative District 118, Post 1. 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 introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being December 21, December 28, 1967 and January 4, 1968. /s/ Britt Fayssoux Sworn to and subscribed before me this 4 day of January, 1968.
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/s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Feb. 21, 1971. (Seal). Approved February 21, 1968. WORTH COUNTYACT PLACING CLERK OF SUPERIOR COURT ON SALARY BASIS AMENDED. No. 631 (House Bill No. 1088). An Act to amend an Act placing the clerk of the superior court of Worth County on an annual salary in lieu of the fee basis of compensation, approved April 13, 1967 (Ga. L. 1967, p. 3042), so as to provide that all uncollected fees, fines, forfeitures, costs, commissions, allowances, penalties, funds, monies, or other perquisites of whatever kind which have accrued to the clerk of the superior court at the time this Act becomes effective shall be paid to the clerk of the superior court when collected; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court of Worth County on an annual salary in lieu of the fee basis of compensation, approved April 13, 1967 (Ga. L. 1967, p. 3042), is hereby amended by adding a new section immediately following section 6 to be known as section 6A to read as follows: Section 6A. All fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites which have accrued to the clerk of the superior court at the time this Act becomes effective and to which said clerk is entitled and shall remain uncollected at the time this Act becomes effective, shall, when collected, be paid to the said clerk. He shall, however, report the collection of any of same to the governing authority of said county.
Page 2050
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 legislation will be applied for in the coming session of the Georgia Legislature in January, 1968, to provide that any fees, costs, insolvent costs or other benefits to which the clerk of the Superior Court of Worth County, Georgia may be entitled at the expiration of his present term, be paid to said clerk if and when collected. (This provision was overlooked in the 1967 bill placing the clerk of Superior Court on a salary). W. J. Crowe, Representative 80th District, Worth County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. J. Crowe who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of notice of intention to introduce local legislation was published in the Sylvester Local which is the official organ of Worth County, on the following dates: December 28, 1967 and January 4 and 11, 1968. /s/ W. J. Crowe Representative, 80th District Sworn to and subscribed before me this 16th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 26, 1968.
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WORTH COUNTYEFFECTIVE DATE OF ACT PLACING ORDINARY ON SALARY BASIS. No. 632 (House Bill No. 1256). An Act to amend an Act placing the ordinary of Worth County on an annual salary in lieu of the fee basis of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2456), so as to change the effective date of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the ordinary of Worth County on an annual salary in lieu of the fee basis of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2456), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The provisions of this Act shall become effective immediately upon its approval by the Governor or after it otherwise becomes law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be applied for in the coming session of the Georgia Legislature in 1968, amending the act passed in 1967 session of the Legislature, placing the ordinary of Worth County, Georgia on a salary, by changing the effective date from January 1, 1969 to be effective immediately upon the passage of the amendment to the act. W. J. Crowe, Representative, 80th District, Worth County, Georgia.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. J. Crowe who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of notice of intention to introduce local legislation was published in the Sylvester Local which is the official organ of Worth County, on the following dates: January 11, 18, 25, 1968. /s/ W. J. Crowe, Representative, 80th District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre. Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 26, 1968. CITY OF LYONSCHARTER AMENDED. No. 633 (House Bill No. 1266). An Act to amend an Act incorporating the City of Lyons, approved August 7, 1907, (Ga. L. 1907, p. 765) as amended, so as to provide for qualifications for office of mayor and councilmen; to provide for qualifying fees for office of mayor and councilmen; to provide for the manner of holding elections; to define voting hours; to provide for registration of qualified voters; to provide for compensation of registrars; to provide for the powers of mayor and the recorder's court; to provide for the compensation of councilmen; to provide for fines and punishment in recorder's court; to provide for police powers; to repeal the street work or commutation tax; to provide for recall elections; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, is hereby amended by striking from section 4 the words male and white, and by adding at the end thereof the following: Any person desiring to offer for the office of mayor shall pay to the city clerk a qualifying fee of $25.00 on or before a time set by the mayor and council. Any person desiring to offer for the office of councilman shall pay to the clerk a qualifying fee of $15.00 and shall state for which ward, or post, he is running on or before a time set by the mayor and council. A person must, at the time of qualifying, reside in the ward for which he offers for election., so that when so amended section 4 shall read as follows: Elections. Section 4. Any resident of said city, who shall be twenty-one years of age, a freeholder of real estate with said city, who shall have been a resident of the State of Georgia for a period of twelve months and of the city of Lyons for six months, and who shall have paid all State, county, and municipal taxes, shall be eligible to the office of mayor or councilman of said city, such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named. Any person desiring to offer for the office of mayor shall pay to the City Clerk a qualifying fee of $25.00 on or before a time set by the mayor and council. Any person desiring to offer for the office of councilman shall pay to the clerk a qualifying fee of $15.00 and shall state for which ward, or post, he is running on or before a time set by the mayor and council. A person must, at the time of qualifying, reside in the ward for which he offers for election. Section 2. Said Act is further amended by adding to section 6 the words and council immediately after the word mayor in the first sentence; and by striking the words 8 o'clock A.M. and 6 o'clock P.M., and shall be by written ballot and substituting in lieu thereof the following: 7 o'clock A.M. and 7 o'clock P.M., and shall be by written ballot. Said election managers shall maintain law
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and order while said ballots are being counted and tabulated, and to this end shall allow no one in the rooms where they are working except their employees engaged in said election work and the candidate or a watcher for each table at which votes are being counted or tabulated.; and by striking the words two tally-sheets in the fourth and seventh sentences and substituting in lieu thereof the words three tally-sheets; by striking the words, The other tally-sheet in the eighth sentence and substituting in lieu thereof the words, The other two tally-sheets; and by adding the words and council immediately after the word mayor in the eighth sentence; and also by striking the word he and substituting in lieu thereof the words the mayor in the eighth sentence; so that when so amended section 6 shall read as follows: Section 6. Be it further enacted, that all elections under the provisions of this charter, whether regular or special, and whether for the election of officers or for the submission to the people of said city the question of issuing bonds of said city, or for any of the purposes for which an election may be held in and for said city, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders who are bona fide residents of said city, and who shall be appointed by the mayor and council for that purpose. In case no appointment is made, then any three citizens, having the qualifications prescribed may act. Each of the said managers, before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their number, the following oath: `We, and each of us, do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, to the best of our skill and power; so help us God.' Said manager shall keep, or cause to be kept, two lists of voters and three tally-sheets. All elections shall be held in city hall of said city, and shall be held between the hours of 7 o'clock A.M. and 7 o'clock P.M., and shall be by written ballot. Said election manager shall maintain law and order while said ballots are being counted and tabulated, and to this end shall allow no one in the rooms where they are working except their employees engaged in said election work and the candidate or a watcher
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for each table at which votes are being counted or tabulated. Those receiving a majority of the votes cast for the respective offices shall be declared elected. Said managers shall certify two lists of voters and three tally-sheets, place one of each in the ballot-box and securely seal same, and shall forthwith deliver the same to the clerk of the city, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted shall destroy the same, without himself inspecting or allowing any one else to inspect said ballots. The other two tally-sheets and list of voters, together with a certificate showing the results of the election, and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor and council, who shall keep the same until the first meeting of the city council, held not less than four days after the date of such election, at which time, and in the presence of said council, the mayor shall open the same and declare the results. If any person desires to contest any election held hereunder, said contest shall be had under the general laws of the State governing municipal contests. In the event that a candidate fails to receive a majority of the votes, there shall be a `run-off' election, between the two candidates receiving the highest number of votes, within 20 days after the results are declared by the mayor, as specified in this section, after giving a 10-day notice of said `run-off' election by advertising the same one time in a newspaper having a general circulation in the City of Lyons, and posting of notices of the same in two public places. Section 3. Said Act is further amended by striking from section 8 the sentence: Separate books for the white and colored races may be provided.; so that when so amended section 8 shall read as follows: Section 8. Be it further enacted that the mayor and council shall provide suitable books for the permanent registration of the qualified voters of said city. On or near the first page of each such permanent registration book shall be printed or placed the oath prescribed hereinafter. All such books shall be so arranged as to provide for the alphabetical registration of voters. Such books shall provide convenient lines and columns for the signatures of
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voters, followed by notation of the age, sex, race, residence, occupation, and date of registration of each voter, and such other data as may be required by the ordinances of said city. Voter registration books. The city clerk shall have charge of the registration books and open them for the registration of voters within ten days after they are provided, and shall cause notice thereof to be published in one issue of a newspaper having general circulation in said city. The city clerk shall keep the books open for the registration of qualified voters at all times when his office is open for business, except during the fifteen-day period next preceding the date of any city election. Every person, before registering, shall take the following oath: `I do solemnly swear or affirm that I am eighteen years of age, or will be by the date of the next city election; that I am a citizen of the United States; that I have resided in this State for the past twelve months, and in the City of Lyons for the past six months; and that I have never been convicted of a crime involving moral turpitude, and not pardoned, so help me God.' The city clerk, or an employee of such clerk designated by him, shall have authority to administer the 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, and the person administering the oath shall immediately thereafter enter at the place provided the remaining information concerning each person registering. No person registering as herein provided shall be required to again register as a qualified voter of said city, so long as he remains a resident thereof and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. Provided further that any persons who were qualified to vote and were on the registration list for the year 1950 shall not be required to reregister under the terms of this Act unless such persons have become, or become, disqualified to vote.
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Section 4. Said Act is further amended by striking from section 9 the words some good and satisfactory reason and substituting in lieu thereof the words some good, satisfactory, and legal reasons; and also by striking the words two dollars from the last sentence of section 9 and substituting in lieu thereof the figure $10.00; so that when so amended section 9 shall read as follows: Section 9. Be it further enacted, that at such time as the mayor and council may deem proper before the date of any election held in said city, not exceeding thirty days before such election, the said mayor and council shall elect three citizens of said city, who shall constitute and be known as a `board of registrars' for said city; no person who is a candidate for any office to be filled at such election is eligible to serve as a member of said board of registrars. Such registrars shall qualify by taking the following oath before any person authorized by law to administer oaths, to wit: `I swear that I will diligently and impartially examine and revise the registration list of the city of Lyons, according to the laws governing the same, to the best of my ability; so help me God.' This oath shall be recorded by the city clerk on his book of minutes. As soon as possible after the registration shall be closed the person in charge of the same shall deliver said list to said board of registrars, whose duty it shall be to diligently and thoroughly examine the same for the purpose of ascertaining if any person has registered illegally, and to this end may summon all persons as to whose right to register they may entertain any doubt, either from the examinations of the tax books of the city, the State or the county, the criminal records or for any other cause, to appear before them and show why their names should not be stricken from the said registration list. Said summons shall be served by the marshal of said city, or in case he cannot serve them, then by any other person elected by said board for that purpose. Said summons shall be served upon the person named therein not later than the day preceding the day upon which he is summoned to appear. Should said examination show to the satisfaction of the majority of said board that the person summoned is not entitled to registration under existing laws, his name shall be stricken from said list. And should the person so summoned
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fail to appear, the board shall proceed as though he were present. Any person living in said city who claims the right to register, but whose name has not been entered upon the registration list, may appear before the said board of registrars, and if he shall convince a majority of said board that he is a qualified voter of said city, that he has been unlawfully denied the right to register, or that he has some good, satisfactory and legal reason for not registering while said registration was open to the public for the purpose of registering voters, then said board shall enter his name upon said list as if he had registered before the list was closed. After a thorough examination and revision, said board shall prepare two lists, alphabetically arranged, of all the names left upon said registration list after the same has been examined and revised, and shall certify the same as a correct list of the qualified voters of said city. Said registrars shall then deliver said lists to the managers of the election on the day of such election. No person shall be allowed to vote at said election whose name does not appear upon said list. Said registrars, as well as said election managers, shall be paid out of the city treasury such amounts as may be fixed by the mayor and council, not to exceed $10.00 per day for each person for each day required in the performance of these duties. Board of registrars. Section 5. Said Act is further amended by striking from section 14 the words four councilmen and substituting in lieu thereof the words three councilmen, so that when so amended section 14 shall read as follows: Section 14. That the mayor shall receive a salary to be fixed by the council not to exceed $1200.00 per year, plus any actual expenses to which he may be placed by reason of holding said office as mayor of the City of Lyons; he shall be the chief executive officer of said city and shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police forces of said city and may appoint special officers whenever he may deem it necessary for the protection of persons or property, and for the preservation of the peace and good order of said city. He shall preside at all meetings of the city council and shall have the veto
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power, and may veto any ordinance, order, or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least three councilmen on a yea and nay vote duly recorded in the minutes of said council, provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and file it with the city clerk within four days after the passage of the measure vetoed. Mayor. Section 6. Said Act is further amended by striking section 14 D in its entirety and substituting in lieu thereof a new section to be designated section 14C, to read as follows: Section 14C. The city councilmen elected and serving as herein provided shall be paid the sum of $25.00 for attending any and all regular meetings of the council, and the additional sum of $12.50 for any call meeting of said city council, whether by the mayor or called by a majority of said council. Actual presence at subject meeting or meetings, shall be necessary in order to receive payment for such meeting. Compensation of councilmen. Section 7. Said Act is further amended by striking section 15 in its entirety and substituting in lieu thereof a new section 15 to read as follows: Section 15. There shall be a recorder's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the Recorder as often as necessary at the office of said Recorder, or, in his discretion, in the city hall of said city. Said court shall have the power to preserve order and punish for contempt. Said court is hereby empowered to compel the attendance of witnesses, may rule for contempt, and may punish witnesses for failure to obey the mandates, and subpoenas of the court. Said court shall be authorized and empowered to punish for violations of the laws and ordinances of said city by imprisonment in the city prison for a period not exceeding sixty days; by compelling the defendant, or offender, to labor upon the streets of said city for a period of not longer than sixty days; by a fine not exceeding $200.00, and the costs of the court, which fine may be collected by execution, and by any one or more of these punishments, in the court's discretion.
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Any one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and marshal of said city are hereby made officers of said court. In the absence or disqualification of said recorder, the mayor, mayor pro tempore, or any member of council, shall be authorized to preside in the place of said recorder with full, complete and ample power to do anything that said recorder may have the right to do. All bonds shall be approved by the recorder. All authority formerly vested in the mayor's court shall henceforth be vested in the recorder's court, and any references elsewhere in the Charter, or laws of the City of Lyons, to the mayor's court or the duties of the mayor in connection with said court shall henceforth apply to the recorder's court and the recorder. Recorder's court. Section 8. Said Act is further amended by adding the words all motor propelled vehicles immediately after the word bicycles in section 21, so that when so amended section 21 shall read as follows: Section 21. Be it further enacted, that in addition to the other powers especially delegated to the city council by this charter, they shall have power to prevent injury or annoyance to the public or individuals for anything dangerous, offensive, or unwholesome; to protect places of divine worship in said city; to exact licenses and license fees from persons, firms and corporations as a condition to their engaging in business or occupation, or profession within the limits of said city, and to provide for the punishment of those who engage in business within said city without paying such license or fee and otherwise complying with laws of said city; to pass all necessary ordinances and bylaws, respecting public buildings and grounds, carriages, wagons, drays, bicycles, all motor propelled vehicles, and wells, and for the presentation and punishment of disorderly conduct and conduct liable to destroy the peace and tranquility of a citizen, or citizens, thereof, and every other bylaw, ordinance and resolution that may seem necessary and proper for the security of the peace, health, order and good government of said city; and to do generally all other acts and things, which, in the judgment of said council, will
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improve the morals, health, comfort, safety and convenience and general welfare of its citizens; provided, that the same are not inconsistent with the laws of this State, or of the United States. Powers of council. Section 9. Said Act is further amended by striking section 24 in its entirety. Section 10. Said Act is further amended by striking from section 34 the words and they may punish, as hereinbefore prescribed, any person who shall have failed to pay to the town of Lyons any street tax or to do such street work as may have been assessed against him, so that when so amended section 34 shall read as follows: Section 34. Be it further enacted, that the mayor and council of Lyons are hereby authorized to enforce the collection of any tax that may have been assessed against any person or property by the city of Lyons, where the same has not been paid, and to that end, as soon as this Act shall go into effect, may cause, by motion, the city clerk to issue execution for the same, as hereinbefore provided. Taxes. Section 11. Said Act is further amended by adding thereto a new section to be denominated as section 39 to read as follows: Section 39. Any mayor and councilman shall be subject to removal during his or her respective term of office in the following manner: (a) Whenever 30 per cent of the voters eligible to participate in the last preceding general city election shall so request in a petition filed in the office of the city clerk or the official having charge of elections, a special election shall be called and held within 60 days from the date of filing of such petition on the subject only if the recall and non-recall of such official. It shall be the duty of such official having charge of elections to check the names on said list and report to the city governing body the number of registered voters thereon in order to determine if the required number have signed the said petition. This report
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shall be submitted to the governing body with the petition at the next meeting held more than five days after the filing of such petition. When so reported with the required certificate attached, the governing body shall order an election to be held not less than 30 nor more than 60 days from the time of filing of such petition with the clerk or other official having charge of elections. Such elections shall 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 and office inserted in the blanks: Recall. For the recall of Holding the office of Against the recall of Holding the office of and the voter shall indicate thereon which proposition is favored. (b) A meeting of the general council or other governing body shall be called and held within five days after the date of such election for the purpose of canvassing the votes and determining and declaring the result thereof. If two-thirds of those voting in the election vote in favor of the recall of the official, his office shall be declared immediately vacant and the vacancy shall be filled in the same manner as if the vacancy had been caused by the resignation of such official, but if two-thirds of those voting in the election fail to vote in favor of recall, the official shall retain his office and no other recall election shall be held so far as such official is concerned for a period of one year. 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 1968 session of the General Assembly of Georgia, a bill
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to amend the charter of the City of Lyons so as to provide for: qualifications for office of mayor and councilmen; qualifying fees; manner of holding elections; voting hours; registration of qualified voters, compensation of registrars; powers of mayor; recorder's court; compensation of councilmen; fines and punishment in recorder's court; police powers; repeal of street work or commutation tax; recall elections and for other purposes. This 8th day of December, 1967. Harvey M. Cochran, Mayor of the City of Lyons. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Collins who, on oath, deposes and says that he is Representative from the 62nd District, 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 Toombs County, on the following dates: December 14, 21, 28, 1967. /s/ John F. Collins Representative, 2nd District Sworn to and subscribed before me this 30th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 26, 1968.
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COLUMBIA COUNTYSHERIFF'S SALARY. No. 635 (House Bill No. 1110). An Act to amend an Act placing the clerk of the superior court, sheriff and tax commissioner of Columbia County on an annual salary, approved February 26, 1965 (Ga. L. 1965, p. 2094), so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court, sheriff and tax commissioner of Columbia County on an annual salary, approved February 26, 1965 (Ga. L. 1965, p. 2094), is hereby amended by striking from section 4 the symbol and figures $6,000.00 and substituting in lieu thereof the following, $8,500.00, so that when so amended section 4 shall read as follows: Section 4. The sheriff shall receive an annual salary in the amount of $8,500.00 payable in equal monthly installments from the funds of Columbia County. The sheriff of Columbia County is hereby authorized to receive rewards which he may be entitled to receive notwithstanding the capacity in which such sheriff was acting at the time of becoming entitled to such rewards and any such rewards are hereby determined to be a part of the salary of such sheriff notwithstanding any other salary to which such sheriff is hereby authorized to receive. 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 regular 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Columbia County; and for other purposes. This 16th day of December, 1967.
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Glenn S. Phillips, Representative, 41st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn S. Phillips who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of notice of intention to introduce local legislation was published in The Columbia News which is the official organ of Columbia County, on the following dates: January 4, 11 and 18, 1968. /s/ Glenn S. Phillips Representative, 41st District Sworn to and subscribed before me this 24th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved February 29, 1968. SUMTER COUNTY BOARD OF EDUCATIONREFERENDUM. No. 636 (House Bill No. 1126). An Act to provide for the election of the Sumter County Board of Education, to provide for education districts; to provide for staggered terms; to provide for compensation of the board members; to provide for a chairman; to provide for a quorum; to provide for the appointment of a superintendent of the Sumter County School System; to
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provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of the Sumter County School System shall be composed of seven (7) members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of the Sumter County School System, Sumter County, excluding the City of Americus, shall be divided into five education districts, as follows: Created, districts, etc. Education District No. 1 shall be composed of that territory within Sumter County embraced within that portion of the 27th voting precinct which lies outside the City of Americus. Education District No. 2 shall be composed of that territory within Sumter County which lies within the 15th (Leslie) voting precinct. Education District No. 3 shall be composed of that territory within Sumter County which lies within the Old 26th (Plains) voting precinct. Education District No. 4 shall be composed of that territory within Sumter County which lies within the Old 16th (Huntington) voting precinct, the 28th (Chambliss) voting precinct and the 29th (Andersonville) voting precinct. Education District No. 5 shall be composed of that territory within Sumter County which lies within the new 16th (Sumter) voting precinct, the 17th (Thompson) voting precinct and the New 26th (Concord) voting precinct. Each of the Seven (7) members of the board of education shall occupy a board post, the same numbered one through seven, inclusive. Posts numbered one and two shall be occupied by board members from Education District No. 1, and posts numbered three, four, five and six shall be occupied by board members from Education Districts No. 2,
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3, 4, and 5, respectively. Post number seven shall be occupied by a board member from Education District No. 1, 2, 3, 4, or 5, and shall be the only member requiring a majority of the total votes cast in the five Education Districts. Section 2. The members of the board shall be elected by the electors of Sumter County, excluding the residents of the City of Americus. Candidates offering for election to the board shall qualify by signifying the post for which they are offering. No person shall be eligible to represent an education district unless he is at least twenty-five (25) years of age, a freeholder, and has been a resident of the county at least two years and a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. Furthermore, any candidate having children of school age shall have his children enrolled in the Sumter County School System, in order to be eligible for election. To be elected as a member of the board, a candidate must receive a majority of the votes cast in his particular district, and each district shall elect its own member or members. In the event no person receives a majority of the votes cast for each post on the board of education, it shall be the duty of the ordinary of Sumter County to hold and conduct a runoff election between the two candidates receiving the highest number of votes for each such post, such runoff election to be held two weeks after the initial vote for such board members. The expense of any election provided for herein shall be borne by Sumter County. In the event of a vacancy on the board for any reason other than the expiration of the term of office, the remaining members of the board shall elect a person for the education post from the education district in which the vacancy occurs, who shall serve for the unexpired term, and the member so appointed shall possess the same qualifications as provided herein for elected members. In case no candidate offers for a post, the grand jury shall appoint a member to serve until the next election, and the member so appointed shall possess the same qualifications as are provided herein for elected members. In the event a person who represents an education post from an education district moves his residence from such district,
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the vacancy shall exist from such district and shall be filled in the same manner as other vacancies. Elections, etc. Section 3. The first election for members of the board of education for the Sumter County School System shall be conducted in the general election to be held in 1968. Candidates who are elected to board posts one, five, and six shall take office on January 1 following their election and serve for a term of office of two years each and until their successors are duly elected and qualified. Candidates elected to posts two, three, four, and seven shall take office on January 1 following their election and serve for a term of office of four years each and until their successors are duly elected and qualified. Thereafter, their successors shall be elected in the general election conducted in the year in which the respected terms of office expire, and the successors shall take office on the first day of January following their election and shall serve for a term of four years each and until their successors are duly elected and qualified. The members of the board shall receive six hundred ($600.00) dollars per annum, payable in equal monthly installments from county funds, as full compensation for their duties. Terms, etc. Section 4. At the first meeting of the board conducted in January, 1969, the board shall elect a chairman for the next two years. Thereafter the chairman shall be elected to four-year terms of office. Four members of the board shall constitute a quorum for the transaction of any business which may come before the board. Chairman, etc. Section 5. The board shall appoint a superintendent of the Sumter County School System, who shall serve at the pleasure of the board. The superintendent shall possess the qualifications prescribed by the laws of this State for County School Superintendents, and shall be compensated in an amount to be determined by the board. The present superintendent shall remain in office until his successor is appointed. Superintendent. Section 6. Not less than twenty (20) nor more than sixty (60) days after the date of the approval of this Act by
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the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Sumter County to issue the call for an election for the purpose of submitting this Act to the voters of Sumter 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 immediatly preceding the date thereof, in the official organ of Sumter County. The ballot shall have written or printed thereon the words: For approval of the Act providing for the election of the Sumter County Board of Education and providing for appointment of the Superintendent of the Sumter County School System by the board. Referendum. Against approval of the Act providing for the election of the Sumter County Board of Education and providing for appointment of the Superintendent of the Sumter County School System by the board. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If 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 Sumter County. It shall be the duty of the ordinary to hold and conduct such election, and he shall require all voters from Education District No. 1 (27th voting precinct) to sign an oath at the time of voting, to read as follows: I do not reside within the City of Americus. He shall hold such election under the same laws and rules and regulations as govern special 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 7. All laws and parts of laws in conflict with this Act are hereby repealed.
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Upon recommendation of the Sumter County Grand Jury, local legislation will be introduced to provide for a referendum on a method of electing members of the Sumter County Board of Education, and for the appointment by this elected board of the Sumter County School Superintendent. This legislation will be introduced at the next session of the Georgia Legislature. Rep. Janet Merritt Rep. Clarence Parker Sen. Hugh Carter Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janet Merritt who, on oath, deposes and says that she is Representative from the 68th District, and that the attached copy of notice of intention to introduce local legislation was published in The Americus Times-Recorder which is the official organ of Sumter County, on the following dates: December 22, 29, 1967 and January 5, 1968. /s/ Janet S. Merritt Representative, 68th District Sworn to and subscribed before me this 25th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 29, 1968.
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SUMTER COUNTYSALARIES OF CLERK AND DEPUTY CLERKS OF SUPERIOR COURT. No. 637 (House Bill No. 1127). An Act to amend an Act entitled An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof; to make provisions to carry out such change; to regulate the collection and the disposition of costs; to provide for the deputies and clerks of such offices; to provide for the payment of salaries for such deputies and clerks; to provide for the necessary office space, supplies, equipment for the maintenance of such offices; to provide for the effective date of this change from a fee system to a salary system; to repeal conflicting laws; and for other purposes, approved February 14, 1957 (Ga. L. 1957, p. 2095), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2691), so as to change certain provisions relating to the salary of the clerk of the superior court of Sumter County and his clerks or deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof; to make provisions to carry out such change; to regulate the collection and the disposition of costs; to provide for the deputies and clerks for such offices; to provide for the payment of salaries for such deputies and clerks; to provide for the necessary office space, supplies, equipment for the maintenance of such offices; to provide for the effective date of this change from a fee system to a salary system; to repeal conflicting laws; and for other purposes, approved February 14, 1957 (Ga. L. 1957, p. 2095), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2691), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2, to read as follows:
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Section 2. The clerk of the courts enumerated in section 1 shall be paid an annual salary of eight thousand, five hundred ($8,500.00) dollars, which salary shall be payable in monthly installments from the funds of Sumter County, Georgia, by the person or persons charged by law with the responsibility of paying out funds of said county. Section 2. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7, to read as follows: Section 7. The employees of the clerk of the courts enumerated in section 1 shall be paid annual salaries, payable in equal monthly installments, out of funds of Sumter County as follows: Clerk I$5,000.00 per year Clerk II$1,500.00 per year. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Personally appeared before the undersigned officer, duly authorized to administer oaths, James R. Blair, who being sworn says that he is the Editor of the Times Recorder, a newspaper having general circulation in Sumter County, Georgia, and its principal place of business is in said county, and who says Legal # 6409 (Proposed Legislation) appeared in the Jan. 12, 19, 26, 1968 issues of The Times Recorder. /s/ James R. Blair Sworn to and subscribed before me this 27 January, 1968. /s/ C. E. Pilcher, Notary Public, Sumter County, Georgia. (Seal). Notice is hereby given that a bill will be introduced in the 1968 session of the General Assembly of Georgia, to be
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entitled an Act, revising the compensation of the clerk and deputy clerks of the Superior Court of Sumter County, Georgia, and providing the sources from which said compensation shall come. This 12th day of January, 1968. Ely Horne Approved February 29, 1968. TALIAFERRO COUNTYSHERIFF'S SALARY. No. 641 (House Bill No. 1254). An Act to amend an Act placing the sheriff of Taliaferro County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2263), so as to change the compensation of the sheriff; 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 Taliaferro County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2263), is hereby amended by striking from section 2 the symbol and figures $4,800.00 and substituting in lieu thereof the symbol and figures $6,000.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $6,000.00, payable in equal monthly installments from the funds of Taliaferro County. Salary. Section 2. The provisions of this Act shall become effective the first day of the month following its approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia a bill to change the compensation of the sheriff of Taliaferro County; and for other purposes. This 15th day of January, 1968. Taliaferro County Board of Commissioners. Bill Watson, Chairman Pursuant to unanimously adopted motion in regular meeting in November, 1967, and pursuant to a recommendation of Taliaferro County Grand Jury at its February 1967 term. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross who, on oath, deposes and says that he is Representative from the 31st District, and that the attached copy of notice of intention to introduce local legislation was published in The Advocate-Democrat which is the official organ of Taliaferro County, on the following dates: January 19, 26, and February 2, 1968. /s/ Ben B. Ross, Representative, 31st District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved February 29, 1968.
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TALIAFERRO COUNTYCOMPENSATION OF COUNTY COMMISSIONERS No. 642 (House Bill No. 1255). An Act to amend an Act entitled An Act to amend the Act of 1922 (Ga. L. 1922, p. 416-418), approved August 17, 1922, so as to change the term of office board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3217), so as to change the compensation of the members of the board other than the chairman; 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 the Act of 1922 (Ga. L. 1922, p. 416-418), approved August 17, 1922, so as to change the term of office board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3217), is hereby amended by striking from section 4 the following: fifteen ($15) dollars and inserting in lieu thereof the following: twenty-five ($25) dollars, so that when so amended section 4 shall read as follows: Section 4. That the salary of the chairman of said board shall be one hundred seventy-five ($175) dollars per month, provided however that in all years in which the tax rate of the county, for county purposes, does not exceed fifteen mills, the chairman of said board shall receive an additional fifty ($50) dollars per month as salary. The chairman of said board shall also receive travel expenses not to exceed
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one hundred ($100) dollars per month. The compensation of the other two members of said board shall be twenty-five ($25) dollars per diem for each day they shall, in the discharge of their duties, attend a meeting of such board. Compensation. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval. 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 regular 1968 Session of the General Assembly of Georgia, a bill to change the per diem compensation of the commissioners of roads and revenues of Taliaferro County, other than the chairman; and for other purposes. This 15th day of January, 1968. Taliaferro County Board of Commissioners. Bill Watson, Chairman Pursuant to unanimously adopted motion in regular meeting in November, 1967. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross who, on oath, deposes and says that he is Representative from the 31st District, and that the attached copy of notice of intention to introduce local legislation was published in The Advocate-Democrat which is the official organ of Taliaferro County, on the following dates: January 19, 26 and February 2, 1968. Ben B. Ross Representative, 31st District
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Sworn to and subcribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved February 29, 1968. TATTNALL COUNTY BOARD OF EDUCATION. No. 643 (House Bill No. 1278). An Act to provide for the election of members of the Board of Education of Tattnall County; to provide for education districts; to provide the manner of electing members to the board; to provide for the filling of vacancies on the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Tattnall County shall be composed of five (5) members to be elected as hereinafter provided. For the purposes of electing members of the Board of Education of Tattnall County, Tattnall County is divided into five (5) education districts as follows: District No. 1. Education District No. 1 shall be composed of all of that territory within Tattnall County embraced within Georgia Militia District Nos. 351 (Cobbtown), 1601 (Collins) and 1761 (Longview). District No. 2. Education District No. 2 shall be composed of all of that territory within Tattnall County embraced within Georgia Militia Districts Nos. 41 (Reidsville), 1376 (Manassas) and 1645 (Elza). Board, districts, etc. District No. 3. Education District No. 3 shall be composed of all of that territory within Tattnall County embraced
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within Georgia Militia Districts Nos. 40 (Tyson) and 1700 (Mendes). District No. 4. Education District No. 4 shall be composed of all of that territory within Tattnall County embraced within Georgia Militia Districts Nos. 1432 (Glennville) and 1710 (Birdford). District No. 5. Education District No. 5 shall be an atlarge district composed of the whole county. Section 2. There shall be elected to the board one member from each of said districts. Candidates may not offer for election to the board from any district other than that district in which their legal residence lies. The members of the board shall be elected thereto by the electors of the entire county. Elections, etc. Section 3. At the general election conducted in 1968 there shall be elected the first members of the Board of Education of Tattnall County as herein provided for. The candidates elected to the Board in said election shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the initial members of the Tattnall County Board of Education, as provided for herein, shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the first day of January their election and serve for a term of four years and until their successors are duly elected and qualified. Terms. Section 4. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of their members as chairman and such other officers as the board shall desire. The chairman shall vote only on questions on which there is a tie. The members of the board shall receive as compensation for their services on the board the sum of $75.00 per month. Chairman, salaries. Section 5. Vacancies occurring on the board which occur within the first two years of a term of office shall be filled
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by the remaining members of the board electing a successor to serve until the next general election at which time a successor shall be elected to serve out the unexpired term of offic. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. The Tattnall County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the old Tattnall County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancies. Section 6. The present Board of Education of Tattnall County shall be abolished on January 1, 1969, and the members of the Board of Education of Tattnall County, provided for by this Act, shall take office and administer thereafter the affairs of the Tattnall County school system. Present board abolished. Section 7. 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, 1968 Session of the General Assembly of Georgia, a bill will be introduced and passage sought of it, providing for the election of the Tattnall County Board of Education, to set their salaries and terms of office and to change the method of selecting a county school superintendent and for other purposes. Dewey D. Rush, Representative of 75th District of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of notice of intention to introduce local legislation was published in The
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Tattnall Journal which is the official organ of Tattnall County, on the following dates: December 7, 14, 21, 1967. /s/ Dewey Rush Representative, 75th District Sworn to and subscribed before me this 10th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved February 29, 1968. TATTNALL COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 644 (House Bill No. 1279). An Act to amend an Act creating a board of commissioners of roads and revenues for Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved March 17, 1939 (Ga. L. 1939, p. 740), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2255), so as to change the number of commissioners; to change their method of election; to provide the procedure for selecting a chairman and other officers of the board; to authorize the employment of an administrative assistant; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Tattnall County, approved August 18, 1927, (Ga. L. 1927, p. 674), as amended, particularly by
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an Act approved March 17, 1939 (Ga. L. 1939, p. 740), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2255), is hereby amended by striking in its entirety section 5, and substituting in lieu thereof a new section 5, to read as follows: Section 5. The board of commissioners of roads and revenues of Tattnall County shall be composed of five members. There shall be elected to the Board one member from each of the four road districts hereinbefore provided for, and one member who shall be an at-large member, elected from the county at large. In order to be eligible to offer for election to the board, a candidate shall have been a resident of Tattnall County for at least five years and a resident of the road district from which he offers for election for a period of at least two years prior to his election. The atlarge candidate shall not need to be a resident of any particular road district, however. Members shall be elected to the board by the electors of the entire county. Members. Section 2. Said Act is further amended by striking from section 15 the following: , except the chairman,, so that when so amended section 15 shall read as follows: Section 15. All members of the board of commissionners shall receive as their compensation, the sum of one hundred twenty-five ($125.00) dollars per month. The said commissioners may elect a clerk of said board whose duty it shall be to keep a record of the actings and doings of the board, at the courthouse in said county, said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board, and shall perform such other duties as may be assigned him by said board and shall keep all the books and records of his office in a neat firstclass and businesslike condition at all times. Such clerk shall receive compensation for all his duties as such clerk in such amount as fixed by said board, an amount not less then one hundred fifty ($150.00) dollars per month nor more than two hundred fifty ($250.00) dollars per month. Said clerk may be either a man or woman. Said clerk before entering upon his duties shall give bond with good security in a sum fixed by the commissioners, not
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less than $2,500.00, payable to and approved by the commissioners, conditioned for his faithful performance of all the duties as such clerk. Said commissioners before entering upon their duties as such shall take an oath before the ordinary of said county for the faithful performance of their duties. Compensation clerk. Section 3. Said Act is further amended by striking in its entirety section 24, and substituting in lieu thereof a new section 24, to read as follows: Section 24. At the first meeting of the board held during the month of January of each year, the board shall elect a chairman and such other officers as they shall deem necessary to serve as such for the ensuing calendar year. The chairman shall be entitled to vote only in cases of ties. The board is authorized to employ an administrative assistant to the board who shall receive such compensation as the board shall fix, serve at the pleasure of the board, and discharge such duties and responsibilities as shall be assigned and delegated to him by the board. Chairman, etc. Section 4. The members of the board of commissioners of roads and revenues of Tattnall County serving at the time of the approval of this Act, shall continue to serve until the expiration of their terms of office. The commissioners of roads and revenues of Tattnall County, as provided for in section 1 of this Act, shall be elected in the general election of 1968, shall take office on the first day of January following their election and serve for a term of office of four years and until their successors have been duly elected and qualified. Effective date, terms, etc. Section 5. 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, 1968, Session of the General Assembly of Georgia, a bill will be introduced, and passage sought of it, providing for the changing of the method of electing the chairman and county commissioners
Page 2083
of Tattnall County, to set the terms of office and amount of salary, etc. Dewey D. Rush, Representative of 75th District of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of notice of intention to introduce local legislation was published in The Tattnall Journal which is the official organ of Tattnall County, on the following dates: December 7, 14, and 21, 1967. /s/ Dewey D. Rush Representative, 75 District Sworn to and subscribed before me this 10 day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved February 29, 1968. ROCKDALE COUNTYDEPUTY SHERIFFS. No. 645 (House Bill No. 1301). An Act to amend an Act placing the sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, by an Act approved February 28,
Page 2084
1967 (Ga. L. 1967, p. 2068), so as to increase the number of full-time deputies the sheriff shall be authorized to appoint; 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 Rockdale County on an annual salary in lieu of the fee system of compensation, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, by an Act approved February 28, 1967 (Ga. L. 1967, p. 2068), is hereby amended by striking from the first and second sentences of section 4 the word two and inserting in lieu thereof the word four, so that when so amended section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint a chief deputy sheriff and four other full-time deputies. The chief deputy shall receive a salary of not more than five hundred ($500.00) dollars per month. The other four full-time deputies shall each receive a salary of not more than four hundred seventy-five ($475.00) dollars per month. The sheriff shall also be authorized to employ a part-time deputy sheriff-jailer who shall receive a salary of not more than one hundred seventy-five ($175.00) dollars per month. The sheriff may employ a clerical assistant who shall receive a salary of not more than three hundred ($300.00) dollars per month. All salaries shall be fixed by the sheriff and shall be paid monthly from the funds of Rockdale County. It shall be within the sole power and authority of the sheriff, during his 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 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 regular 1968 Session of the General Assembly of Georgia
Page 2085
a bill to provide for two additional deputy sheriffs for Rockdale County; and for other purposes. The 9th day of January, 1968. Clarence R. Vaughn, Jr. Representative, 117th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn who, on oath, deposes and says that he is Representaive from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 11, 18, and 25, 1968. /s/ Clarence R. Vaughn Representative, 117 District Sworn to and subscribed before me this 6 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved February 29, 1968. CITY OF DOUGLASELECTIONS, CITY MANAGER. No. 646 (House Bill No. 1343). An Act to amend an Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p.
Page 2086
177), as amended particularly by an Act approved March 12, 1941 (Ga. L. 1941, p. 1323), an Act approved March 13, 1957 (Ga. L. 1957, p. 2833), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2815), so as to provide for the election of the members of the board of commissioners for the City of Douglas by a majority vote; to provide for run-off elections; to provide that the city manager of said city shall file a statement of all receipts and disbursements of the City of Douglas with the clerk of the superior court of Coffee County during January and July of each year; to provide for certain requirements relating to the publication of said statements; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended particularly by an Act approved March 12, 1941 (Ga. L. 1941, p. 1323), an Act approved March 13, 1957 (Ga. L. 1957, p. 2833), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2815), is hereby amended by striking in their entirety sections 5 and 6 of said amendatory Act approved March 12, 1941 (Ga. L. 1941, p. 1323), as amended particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 2833), and substituting in lieu thereof new sections 5 and 6 to read as follows: Section 5. Be it further enacted, that at the first election for said commissioners, hereinafter provided for, said five commissioners shall be elected for a term to begin on the first day of July, 1969, and to end on the first day of July 1971, and that thereafter, five commissioners shall serve for a term of two years beginning on the first day of July, 1971. Election of Commissioners. Section 6. The election of the board of commissioners shall be held under the supervision and control of the board of commissioners of said city, subject to the laws of force for holding elections for commissioners for said city. The election to elect the five commissioners shall be held on the third Saturday in June, 1969, and on the third Saturday in
Page 2087
June every two years thereafter. In the event any candidate fails to receive a majority of the votes cast at said election, said board of commissioners shall call for a run-off election between the two candidates who received the highest number of votes at said election. Said run-off election shall be held on the fourth Saturday in June, and the candidate receiving the majority of the votes cast at said run-off election shall be declared the winner. In the event there is a tie vote between any two candidates at said run-off election, another election shall be called by said board of commissioners, which shall be held not more than seven days after the run-off election, for the purpose of determining between the candidates receiving the same number of votes at said run-off election. Further elections may be called and held as often as may be necessary to break a tie vote between candidates, and the members of the board of commissioners who received a majority of the votes cast at the election held on the third Saturday in June or at the run-off election held on the fourth Saturday in June, as the case may be, shall take office on the first day of July and shall constitute the board of commissioners of the City of Douglas until all members shall have been elected by a majority of the qualified electors voting at said elections. Section 2. Said Act is further amended by inserting, immediately following section 13 of the amendatory Act, approved March 12, 1941 (Ga. L. 1941, p. 1323), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2815), a new section to be designated section 13A to read as follows: Section 13A. (a) In addition to the duties prescribed for the city manager by section 13, it shall be his further duty to file a statement of all receipts and disbursements of the City of Douglas without cost with the clerk of the superior court of Coffee County during the month of January and during the month of July of each year, and it shall become part of the permanent records of Coffee County. Said statements shall show all receipts and disbursements during the period from January 1st through June 30th, and the period from July 1st through December 31st of each year. The first such statement shall be published during
Page 2088
the month of July, 1968, and shall show all receipts and disbursements from January 1, 1968, through June 30, 1968. Duties of city manager. (b) Said statements shall include the following information for all disbursements: (1) The date of the disbursement. (2) The amount of the disbursement. (3) The name of the person or company to whom the disbursement was made, and (4) The voucher number or other numerical designation of the disbursement in numerical order. 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 regular 1968 session of the General Assembly of Georgia a bill to amend an Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, so as to provide for the election of the mayor and members of the board of commissioners for the City of Douglas by majority vote, to provide for run-off elections; and for other purposes. This 2nd day of January, 1968. George Jordan, Representative, 82nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from
Page 2089
the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 4, 11, 18, 25, 1968. /s/ George Jordan Representative, 82nd District Sworn to and subscribed before me this 7th day of February, 1968. /s/ Pamela A. McIntyre. Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 29, 1968. WILKES COUNTYCOMPENSATION OF ORDINARY. No. 647 (House Bill No. 1362). An Act to amend an Act placing the sheriff, ordinary and clerk of the superior court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. L. 1963, p. 2803), as amended, so as to change the compensation of the ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, ordinary and clerk of the superior court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. L. 1963, p. 2803), as amended, is hereby amended by striking from section 4 the following: $5,500.00, and inserting in lieu thereof the following: $6,250.00, so that when so amended section 4 shall read as follows:
Page 2090
Section 4. The ordinary of Wilkes County shall receive an annual salary of $6,250.00 per annum, payable in twelve equal monthly installments, to be paid on the last business day of each calendar month from the funds of Wilkes County. The ordinary is authorized to employ a clerical assistant to assist him in the discharge of his official duties. Said assistant shall be compensated from the funds of Wilkes County at the rate of $10.00 per day, not to exceed 50 days during any one calendar year. The board of commissioners shall furnish suitable office equipment and supplies to the ordinary's office so as to provide for its efficient operation and the cost of such supplies and equipment shall be borne by the county. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval. 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 regular 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the ordinary of Wilkes County. This 11th day of January, 1968. D. H. Reynolds, Chairman and Road Superintendent H. W. Bailey, Commissioner W. M. Harris, Commissioner J. M. Sherrer, Commissioner C. B. Wright, Commissioner Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross who, on oath, deposes and says that he is Representative from the 31st District, and that the attached copy of notice of intention
Page 2091
to introduce local legislation was published in The News-Reporter which is the official organ of Wilkes County, on the following dates: January 25, February 1, 8, 1968. /s/ Ben B. Ross Representative, 31st District Sworn to and subscribed before me this 9th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 29, 1968. CITY OF AMBROSEDUTIES OF TREASURER. No. 648 (House Bill No. 1380). An Act to amend an Act incorporating the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), so as to provide that the treasurer of said city shall file a statement of all receipts and disbursements of the City of Ambrose with the clerk of the superior court of Coffee County during January and July of each year; to provide for certain requirements relating to the publication of said statements; 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 Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), is hereby amended by striking section 117 in its entirety and substituting in lieu thereof a new section 117, to read as follows:
Page 2092
Section 117. (a) It shall be the duty of the treasurer of the City of Ambrose to file a statement of all receipts and disbursements of the City of Ambrose with the clerk of the superior court of Coffee County during the month of January and during the month of July of each year. Said statements shall show all receipts and disbursements during the period from January 1st through June 30th, and the period from July 1st through December 31st of each year. The first such statement shall be published during the mnoth of July, 1968, and shall show all receipts and disbursements from January 1, 1968, through June 30, 1968. (b) Said statements shall include the following information for all disbursements: (1) The date of the disbursement. (2) The amount of the disbursement. (3) The name of the person or company to whom the disbursement was made, and (4) The voucher number or other numerical designation of the disbursement, in numerical order. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Lcal Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), so as to provide that the treasurer of said city shall publish a statement of all receipts and disbursements of the City of Ambrose during January and July of each year; to provide for certain requirements relating to the publication of said statements; and for other purposes. This 4th day of January, 1968.
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George Jordan Representative, 82nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 11, 18, 25 and February 1, 1968. /s/ George Jordan Representative, 82nd District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre. Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 29, 1968. CITY OF NICHOLLSDUTIES OF TREASURER. No. 649 (House Bill No. 1381). An Act to amend an Act providing and establishing a new charter for the Town of Nicholls in the County of Coffee and changing its corporate name to the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended by an Act approved August 15, 1922 (Ga. L. 1922, p. 913), and by an Act approved March 20, 1963 (Ga. L. 1963, p. 2344), so as to provide that the treasurer
Page 2094
of said city shall file a statement of all receipts and disbursements of the City of Nicholls with the clerk of the superior court of Coffee County during January and July of each year; to provide for certain requirements relating to the publication of said statements; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing and establishing a new charter for the Town of Nicholls in the County of Coffee and changing its corporate name to the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended by an Act approved August 15, 1922 (Ga. L. 1922, p. 913), and by an Act approved March 20, 1963 (Ga. L. 1963, p. 2344), is hereby amended by adding a new section immediately following Section 11 to be designated section 11A to read as follows: Section 11A. (a) In addition to such duties as may be assigned to him by the mayor and aldermen, it shall be the duty of the treasurer of the City of Nicholls to file a statement of all receipts and disbursements of the City of Nicholls with the clerk of the superior court of Coffee County during the month of January and during the month of July of each year. Said statements shall show all receipts and disbursements during the period from January 1st through June 30th, and the period from July 1st through December 31st of each year. The first such statement shall be published during the month of July, 1968, and shall show all receipts and disbursements from January 1, 1968 through June 30, 1968. (b) Said statements shall include the following information for all disbursements: (1) The date of the disbursement. (2) The amount of the disbursement. (3) The name of the person or company to whom the disbursement was made, and
Page 2095
(4) The voucher number or other numerical designation of the disbursement, in numerical order. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act providing and establishing a new charter for the Town of Nicholls in the County of Coffee and changing its corporate name to the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to provide that the treasurer of said city shall publish a statement of all receipts and disbursements of the City of Nicholls during January and July of each year; to provide for certain requirements relating to the publication of said statements; and for other purposes. This 4th day of January, 1968. George Jordan Representative, 82nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 11, 18, 25, February 1, 1968. /s/ George Jordan Representative, 82nd District
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Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 29, 1968. CITY OF BROXTONDUTIES OF TREASURER. No. 650 (House Bill No. 1382). An Act to amend an Act incorporating the City of Broxton in the County of Coffee, approved July 27, 1904 (Ga. L. 1904, p. 368), as amended by an Act approved August 21, 1906 (Ga. L. 1906, p. 555), by an Act approved July 20, 1918 (Ga. L. 1918, p. 554), by an Act approved August 9, 1920 (Ga. L. 1920, p. 756) and by an Act approved March 22, 1935 (Ga. L. 1935, p. 969), so as to provide that the treasurer of said city shall file a statement of all receipts and disbursements of the City of Broxton with the clerk of the superior court of Coffee County during January and July of each year; to provide for certain requirements relating to the publication of said statements; 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 Broxton in the County of Coffee, approved July 27, 1904 (Ga. L. 1904, p. 368), as amended by an Act approved August 21, 1906 (Ga. L. 1906, p. 555), by an Act approved July 20, 1918 (Ga. L. 1918, p. 554), by an Act approved August 9, 1920 (Ga. L. 1920, p. 756) and by an Act approved March 22, 1935 (Ga. L. 1935, p. 969), is hereby amended by adding a new section immediately following section 27 to be designated section 27A, to read as follows:
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Section 27A. (a) It shall also be the duty of the treasurer of the City of Broxton to file a statement of all receipts and disbursements of the City of Broxton with the clerk of the superior court of Coffee County during the month of January and during the month of July of each year. Said statements shall show all receipts and disbursements during the period from January 1st through June 30th, and the period from July 1st through December 31st of each year. The first such statement shall be published during the month of July, 1968, and shall show all receipts and disbursements from January 1, 1968 through June 30, 1968. (b) Said statements shall include the following information for all disbursements. (1) The date of the disbursement. (2) The amount of the disbursement. (3) The name of the person or company to whom the disbursement was made, and (4) The voucher number or other numerical designation of the disbursement, in numerical order. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Broxton in the County of Coffee, approved July 27, 1904, (Ga. L. 1904, p. 368), as amended, so as to provide that the treasurer of said city shall publish a statement of all receipts and disbursements of the City of Broxton during January and July of each year; to provide for certain requirements; relating to the publication of said statements and for other purposes.
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This 4th day of January, 1968. George Jordan Representative, 82nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Douglas Enterprise, which is the official organ of Coffee County, on the following dates: January 11, 18, 25 and February 1, 1968. /s/ George Jordan Representative, 82nd District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 29, 1968. COFFEE COUNTYDUTIES OF CLERK OF COMMISSIONERS OF ROADS AND REVENUES. No. 651 (House Bill No. 1383). An Act to amend an Act creating the office of commissioners of roads and revenues of the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, so as to provide that the clerk of the board of commissioners of roads and revenues shall file a statement
Page 2099
of all receipts and disbursements of Coffee County with the clerk of the superior court of said county during January and July of each year; to provide for certain requirements relating to the publication of said statements; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioners of roads and revenues of the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, is hereby amended by adding a new section to be designated section 14A, to read as follows: Section 14A. (a) In addition to his other duties, it shall be the duty of the clerk of the board of commissioners of roads and revenues of Coffee County to file a statement of all receipts and disbursements of Coffee County with the clerk of the superior court of said county during the month of January and during the month of July of each year. Said statements shall show all receipts and disbursements during the period from January 1st through June 30th, and the period from July 1st through December 31st of each year. The first such statement shall be published during the month of July, 1968, and shall show all receipts and disbursements from January 1, 1968 through June 30, 1968. (b) Said statements shall include the following information for all disbursements: (1) The date of the disbursement. (2) The amount of the disbursement. (3) The name of the person or company to whom the disbursement was made; and (4) The voucher number or other numerical designation of the disbursement, in numerical order. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2100
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioners of roads and revenues of the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, so as to provide that the clerk of the board of commissioners of roads and revenues shall publish a statement of all receipts and disbursements of Coffee County during January and July of each year; to provide for certain requirements relating to the publication of said statements; and for other purposes. This 4th day of January, 1968. George Jordan Representative, 82nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 11, 18, 25, February 1, 1968. /s/ George Jordan Representative, 82nd District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre. Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 29, 1968.
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LONG COUNTYCOMPENSATION OF SHERIFF, ETC. No. 653 (House Bill No. 1212). An Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. L. 1963, p. 2021), as amended by an Act approved February 23, 1965 (Ga. L. 1965, p. 2060), so as to change the compensation of the sheriff of Long County; to require the sheriff to feed prisoners in his care, and to provide for expenses for such; to provide for the appointment of one additional deputy; to provide for compensation of all three deputy sheriffs; to provide for automobile expenses; to provide for additional compensation for the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. L. 1963, p. 2021), as amended by an Act approved February 23, 1965 (Ga. L. 1965, p. 2060), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: The sheriff of Long County shall receive a salary of eight thousand ($8,000.00) dollars per annum, payable in equal monthly installments out of the funds of Long County. Any funds, except the salary provided, collected under the color of the sheriff's office shall be county funds and accounted for accordingly. Salary. The sheriff is hereby charged with the duty of feeding prisoners confined under his jurisdiction. It shall be the duty of the county authorities to fix the expenses necessary for the feeding of said prisoners and to pay for such out of county funds. Prisoners. The sheriff of Long County shall have the authority to appoint two deputies. The sheriff shall also have the authority
Page 2102
to appoint one additional deputy with the approval of the governing authority of Long County. The salary of each deputy shall be not less than four thousand, eight hundred ($4,800.00) dollars per annum and not more than six thousand ($6,000.00) dollars per annum. The salary shall be fixed within these limits by the sheriff with the approval of the governing authority of Long County. Deputy sheriffs. 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: The sheriff shall furnish the automobiles necessary for the performance of the duties of his office. He shall be compensated by the governing authority of Long County at the rate of ten (10) cents per mile for all miles traveled within and without said county while in the performance of his official duties. The sheriff shall receive no other compensation for automobile expenses. Automobiles. The governing authority of Long County shall be authorized to compensate the sheriff three thousand, six hundred ($3,600.00) dollars per annum, payable in equal monthly installments from funds of Long County to cover additional expenses incurred by him while in the performance of his official duties. This additional compensation may be changed at any regular meeting of the board of commissioners of roads and revenues of Long County by a majority vote. Expenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that the undersigned will introduce to the General Assembly of Georgia at the 1968 session thereof a local bill to amend an Act approved February 28, 1963, as amended Feb. 23, 1965 providing for an annual
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salary in lieu of the fee system of compensation for the sheriff of Long County, Georgia. Dewey Rush Representative 75 District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey Rush who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of notice of intention to introduce local legislation was published in The Ludowici News which is the official organ of Long County, on the following dates: January 11, 18 and 25, 1968. /s/ Dewey Rush Representative, 75th District Sworn to and subscribed before me this 1st day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 1, 1968. MERIWETHER COUNTYACT PLACING SHERIFF, CLERK OF SUPERIOR COURT AND ORDINARY ON SALARY BASIS AMENDED. No. 654 (House Bill No. 1298). An Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in
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lieu of a fee basis, approved April 5, 1961 (Ga. L. 1961, p. 3456), so as to provide that the board of commissioners of Meriwether County shall have authority to determine the compensation of the employees of the sheriff, superior court clerk and ordinary of Meriwether County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the compensation of the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of a fee basis, approved April 5, 1961 (Ga. L. 1961, p. 3456), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff shall be compensated in the amount of ten thousand five hundred ($10,500) dollars per annum to be paid in equal monthly installments from the funds of Meriwether County. He shall be furnished a fully equipped motor vehicle to use in the performance of his official duties; said sheriff shall have the authority to appoint a deputy sheriff, and his compensation shall be determined by the board of commissioners of Meriwether County, payable from funds of Meriwether County, but not to exceed five hundred ($500) dollars per month. The county shall furnish the deputy sheriff with a fully equipped motor vehicle to use in the performance of his official duties. All gasoline, oil, and other related maintenance expenses for both the sheriff's vehicle and the deputy sheriff's vehicle shall be borne by the county. In addition, the sheriff may employ or receive three hundred ($300) dollars per month for a jailor or turnkey. The expenses for boarding prisoners shall be paid for out of county funds. Provided further, the sheriff may employ additional deputies when necessary, said employment and compensation of the same to be as approved and determined by the board of county commissioners, but not to exceed five hundred ($500) dollars per month each payable from the funds of Meriwether County. Sheriff.
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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. The clerk of the superior court of Meriwether County shall be compensated in the amount of seven thousand five hundred ($7,500) dollars per annum, to be paid in equal monthly installments from the funds of Meriwether County. The clerk is hereby authorized to appoint a deputy clerk whose compensation shall be determined by the board of commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County, but not to exceed four thousand two hundred ($4,200) dollars per annum. The clerk may employ such other clerks or secretarial help as he deems necessary, said employment and compensation of each to be as approved and determined by the board of commissioners of Meriwether County, but not to exceed three thousand six hundred ($3,600) dollars per annum each, to be paid in equal monthly installments from the funds of Meriwether County. Clerk of superior court. Section 3. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The ordinary of Meriwether County shall be compensated in the amount of seven thousand five hundred ($7,500) dollars per annum to be paid in equal monthly installments from the funds of Meriwether County. The ordinary may employ a clerk whose compensation shall be determined by the board of commissioners of Meriwether County, payable in equal monthly installments from funds of Meriwether County, but not to exceed three thousand six hundred ($3,600) dollars per annum. Ordinary. 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 regular 1968 Session of the General Assembly of Georgia,
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a bill to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, and the coroner of Meriwether County on a salary basis in lieu of a fee basis, approved April 5, 1961 (Ga. L. 1961, p. 3456), so as to provide that the governing authority of Meriwether County shall fix the compensation of the employees in the offices of the sheriff, clerk of the superior court and the ordinary; and for other purposes. This 15th day of January, 1968. Claude A. Bray, Jr. Representative in the General Assembly for 43rd District of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he is Representative from the 43rd District, 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 Meriwether County, on the following dates: January 18, 25 and February 1, 1968. /s/ Claude A. Bray, Jr. Representative, 43rd District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 1, 1968.
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CITY OF MANCHESTERELECTIONS. No. 655 (House Bill No. 1299). An Act to amend an Act entitled An Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 739), and an Act approved August 2, 1963 (Ga. L. 1963, p. 2779), so as to change the method and procedure of electing the board of commissioners for the City of Manchester; to repeal conflicting laws; and for other purposes., approved March 31, 1965 (Ga. L. 1965, p. 3065), so as to authorize the commissioners for the City of Manchester to adopt ordinances providing for all rules and regulations to govern municipal elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 739), and an Act approved August 2, 1963 (Ga. L. 1963, p. 2779), so as to change the method and procedure of electing the board of commissioners for the City of Manchester; to repeal conflicting laws; and for other purposes., approved March 31, 1965 (Ga. L. 1965, p. 3065), is hereby amended by striking from section 1 the following: Section 6C. In all elections held in and for offices of the City of Manchester the same shall be held under the same laws, rules and regulations, not in conflict herewith, as shall now or hereafter apply to elections for constitutional offices., and inserting in lieu thereof the following: 6C. The commissioners for the City of Manchester are hereby authorized and empowered to adopt ordinances providing for all rules and regulations to govern the calling and
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holding of all elections, registration, voting, declaring the results, filing for and hearing contests, and all other matters connected with the elections of the City of Manchester. 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 application will be made to the next or 1968 session of the General Assembly of Georgia for the enactment of a bill or bills amending the charter of the City of Manchester. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude Bray who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following dates: Jannuary 4, 11, 18, 1968. /s/ Claude Bray Representative, 43rd District Sworn to and subscribed before me this 6th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission express Jann. 9, 1971. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the next or 1968 session of the General Assembly of Georgia for the enactment of a bill or bills amending the charter of the City of Manchester.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude Bray who, on oath, deposes and says that he is Representative from the 43rd District, 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 Meriwether County, on the following dates: January 4, 11, 25, 1968. /s/ Claude Bray Representative, 43rd District Sworn to and subscribed before me this 6th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 1, 1968. ORDINARIESCOMPENSATION IN CERTAIN COUNTIES (500,000 OR MORE). No. 656 (Senate Bill No. 282). An Act to fix the compensation of ordinaries in counties having a population of more than 500,000 according to the last or any future Federal decennial census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. This Act shall be applicable to counties having a population of more than 500,000 according to the last or any future Federal decennial census. It shall be effective as
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to counties now coming within the population classification on the first day of the month succeeding its approval by the Governor. As to counties subsequently coming within the population classification, it shall be effective on the first day of January following the publication of the Federal census. Section 2. The minimum compensation for ordinaries in such counties shall be $1,875.00 per month. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1968. EARLY COUNTYELECTION OF COMMISSIONERS OF ROADS AND REVENUES. No. 658 (House Bill No. 852). 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 the 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), as amended, so as to provide that the members of the board of commissioners of roads and revenues shall be elected by the electors of the entire county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a board of commissioners of roads and revenues for the County of Early, State of Georgia; to provide for the 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),
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as amended, is hereby amended by striking from section 3 the last sentence thereof which reads as follows: The voters of each of the aforesaid districts shall elect a county commissioner from their said district and no voter residing outside of said district shall vote for any other commissioner; it being the intention of this portion of this section to provide that the voters within the prescribed commissioner district shall vote only for the commissioner for their district, and that the commissioner shall not be voted upon and elected from the county at large., and substituting in lieu thereof the following: The voters of the county at large shall elect a county commissioner from each of said commissioner districts., so that when so amended section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that Early County be and the same is divided into five commissioners' districts, designated as the Northern District, the Eastern District, the Western District, the Southern District, and the Central District. The Northern District shall be composed of the territory embraced in the 1535th and the 1140th militia districts; the Eastern District shall be composed of the territory embraced in the 1435th and the 854th militia districts; the Western District shall be composed of the territory embraced in the 1592nd, the 1760th, and the 510th militia districts; the Southern District shall be composed of territory embraced in the 1572nd and the 430th militia districts; and the Central District shall be composed of territory embraced in the 866th and the 1164th militia districts, all in Early County. The voters of the county at large shall elect a county commissioner from each of said commissioner districts. 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, 1968 Session of the General Assembly of Georgia,
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a bill to provide that the commissioners of roads and revenues of Early County shall be elected by the voters of the county at large rather than by the voters of each individual commissioner district; and for other purposes. This 8th day of December, 1967. Mobley Howell Representative, 86th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mobley Howell, who, on oath, deposes and says that he is Representative from 86th District, Early County, and that the attached copy of notice of intention to introduce local legislation was published in the Early County News, which is the official organ of said county, on the following dates: December 14, 21 and 28, 1967. /s/ Mobley Howell Representative, Early County Sworn to and subscribed before me this 8th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 5, 1968. CITY OF BLAKELYCHARTER AMENDED. No. 659 (House Bill No. 965). An Act to amend an Act incorporating the City of Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as
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amended, particularly by an Act approved February 6, 1962 (Ga. L. 1962, p. 2056), so as to provide for the municipal election date; to provide for special elections to fill vacancies occurring on the city council and the office of the mayor; to provide when elected officials shall take office; to authorize the collection and disposal of garbage and to authorize fees therefor; to authorize the city to abate nuisances, to remove obstructions from streets, sidewalks, public ways and to assess the costs thereof against offending property owners; 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 Blakely approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, particularly by an Act approved February 6, 1962 (Ga. L. 1962, p. 2056), is hereby amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. Be it further enacted, on the first Tuesday of August in each year there shall be held an election for the purpose of electing successors to the offices of the municipal government which are filled by the electors of the city of Blakely and whose terms of office expire that year. Candidates elected in such elections shall take office on the first day of January following their election; and they shall serve for the term of office prescribed herein and until the 31st day of December in that year in which their respective terms of office expire. Only residents of the city of Blakely shall be eligible to be elected mayor or councilman. Municipal election date. Section 2. Said Act is further amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted, vacancies occurring in the office of city councilman or mayor shall be filled by a special election to be called by the city clerk within five days
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from the date such vacancy occurs. The city clerk shall publish in the official organ of Early County notice of the date and purpose of the special election once a week during the two-week period immediately preceding said special election. The clerk shall set the date for said special election within 30 days from the date of the call of said special election. Vacancies. Section 3. Said Act is further amended by adding following section 18 a new section to be known as section 18A and to read as follows: Section 18A. Be it further enacted, the mayor and council are authorized to provide by municipal ordinance for the collection and disposal of garbage and waste within the corporate limits of said city. The mayor and council are further authorized to establish appropriate schedules of fees for the collection of such garbage and waste which shall not exceed the sum of three ($3.00) dollars per container per month. Garbage and waste collection. Section 4. Said Act is further amended by inserting following section 22 a new section to be known as section 22A and to read as follows: Section 22A. Be it further enacted, the mayor and council are authorized to abate nuisances, to remove obstructions from the streets, sidewalks and public ways within said city and to assess the costs of the removal thereof against the offending property owners and to enforce the collection of said assessments in the same manner as ad valorem tax liens are enforced and collected. Nuisances, etc. Section 5. Said Act is further amended by striking in its entirety section 5 of the amendatory Act approved February 6, 1962 (Ga. L. 1962, p. 2056). 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 regular 1968 Session of the General Assembly of Georgia,
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a bill to amend the charter of the city of Blakely to provide for the municipal election date: to provide for special elections to fill vacancies occurring in the city council and office of mayor; to provide when elected officials shall take office; to authorize the city to abate nuisances, to remove obstructions from streets, sidewalks and public ways; to authorize the city to collect and dispose of garbage, to provide the procedure connected with the foregoing; and for other purposes. This 26 day of December, 1967. Mobley Howell, Representative 86th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mobley Howell who, on oath, deposes and says that he is Representative from the 86th District, and that the attached copy of notice of intention to introduce local legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ Mobley Howell Representative, 86th District Sworn to and subscribed before me this 15th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 5, 1968.
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CITY OF LEARYCHARTER AMENDED. No. 660 (House Bill No. 1002). An Act to amend an Act granting a new charter for the City of Leary, approved August 13, 1929 (Ga. L. 1929, p. 1121), as amended by an Act approved February 14, 1958 (Ga. L. 1958, p. 2112), so as to change the term of office of the mayor and councilmen; to change the qualifications of the mayor and councilmen; to change the qualifications of electors; to change the procedures connected with the registration of electors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act granting a new charter for the City of Leary, approved August 13, 1929 (Ga. L. 1929, p. 1121), as amended by an Act approved February 14, 1958 (Ga. L. 1958, p. 2112), is hereby amended by striking in its entirety the first paragraph of section 3 and substituting in lieu thereof a new paragraph to read as follows: Section 3. On the first Saturday in December of each odd-numbered year there shall be held in the City of Leary an election for the purpose of electing a mayor and four councilmen. Candidates elected to office in such election shall take office on the first Monday in January following their election and serve for a term of office of two years and until their successors are duly elected and qualified. Elections, terms. Section 2. Said Act is further amended by striking from section 4 the following: and shall be a freeholder, in said town,, so that when so amended, section 4 shall read as follows: Section 4. Be it further enacted that no person shall be eligible to office of mayor or council of said city unless he shall have resided in said city not less than one year immediately preceding his election,, and shall be qualified voter in the municipal elections for officers of said City of Leary,
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and shall qualify as a candidate by filing his name with the clerk of said city at least five days before said election. Qualifications of candidates. Section 3. Said Act is further amended by striking from section 5 the following: and who shall have paid all taxes due the State and county, and all taxes, fines, and monies of every nature legally imposed and demanded by the authorities of said town,, so that when so amended, section 5 shall read as follows: Section 5. Be it further enacted that all persons qualified to vote for members of the General Assembly in this State, and who shall have resided in said city six months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws and orders of said city, shall be qualified to vote at any election held under the provisions of this charter. Voter qualifications. Section 4. Said Act is further amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted that it shall be the duty of the city clerk to provide suitable permanent books for the permanent registration of the qualified voters of said city for any and all elections held in said city, of every kind and character and for all purposes. The books shall be kept open for the registration of voters at the city hall at all times during office hours, except Sundays and legal holidays, and except as herein otherwise provided. The registration books shall be open to the inspection of the public at all times during office hours. Any person who registers to vote as hereinafter provided and who maintains the voter qualifications, as hereinafter provided, shall continue to be a registered voter of the City of Leary unless such person fails to vote in any city election for a period of three years, in which event, such person's name shall be taken from the registration list, and he shall not be entitled to vote in any city election until such time as he has again registered. Voter registration.
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Section 5. Said Act is further amended by striking in its entirety section 7 and substituting in lieu thereof the following numbered sections: Section 7. Be it further enacted that it shall be the duty of the clerk, upon application in person and not by proxy, of any person who is qualified to vote for members of the General Assembly, and, who upon the day of election is then a resident, will have resided in said city for six months prior thereto, to register the name of such person, recording on said list, besides the applicant's name, his age, occupation or business and the locality in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register, and shall administer to him the following oath: Same. `You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months and in this city for six months next preceding this registration, or that by the vote of the next city election, if still a resident of this city you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the day of election; and that you are eighteen years old. So help you God.' Section 7A. Be it further enacted that the registration book or books made up as hereinbefore provided shall constitute a permanent record of all persons who become legally registered, until they become disqualified to vote in the City of Leary under the requirements of the charter of said city. After any person registered as herein provided becomes disqualified, he shall no longer be considered registered, until such person registers again after the disqualification is removed. Section 7B. Be it further enacted that there may be an appeal from the decision of the clerk as to the right of a person to register to the registrars appointed by the mayor and council, as hereinafter provided, whose decision shall be final. All appeals shall be made, heard, and determined within five days from the time the appeal shall be filed.
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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 regular 1968 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Leary (Ga. L. 1929, p. 1121 et seq.) as heretofore amended, and for other purposes. This 28 day of December, 1967. W. Harvey Jordan, Representative, 78th District of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Harvey Jordan who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of notice of intention to introduce local legislation was published in The Calhoun County News which is the official organ of Calhoun County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ W. Harvey Jordan Representative, 78th District Sworn to and subscribed before me this 16th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 5, 1968.
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GRADY COUNTY BOARD OF EDUCATIONREFERENDUM. No. 662 (House Bill No. 1385). An Act to create a new board of education of Grady County; to provide for the membership of said board; to provide for education districts; to provide for the election of the members of said board; to provide for the compensation of members of said board; to provide for the filling of vacancies; to provide for the election of a chairman of said board; to provide that said board shall appoint a county school superintendent to serve at the pleasure of the board; to provide for the compensation of said superintendent; to provide for all matters relative to the foregoing; 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. (a) There is hereby created a new board of education of Grady County which shall be composed of one member from each of five education districts provided for in subsection (b) of this section. Each member shall be a resident of the education district he represents but shall be elected by the voters of the entire county. All members of the board of education shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Grady County for at least one year immediately preceding the date of their election and in the education district which they represent at least six months immediately preceding the date of their election. Created, members, districts. (b) For the purpose of electing members of said board of education of Grady County, the county is hereby divided into five education districts as follows: Education district 1 shall consist of the Cairo election district. Education district 2 shall consist of the Higdon and Reagan election districts.
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Education district 3 shall consist of the Spring Hill and Whigham election districts. Education district 4 shall consist of the Spence, Blowing Cave and Lime Sink election districts. Education district 5 shall consist of the Duncanville and Pine Park election districts. Section 2. At the general election held in November, 1968, the five members of the board of education of Grady County shall be elected for terms as hereinafter provided. The three members elected from education districts 1, 2 and 3 shall be elected for terms of four years and until their successors are elected and qualified. The two members elected from education districts 4 and 5 shall be elected for initial terms of two years and until their successors are elected and qualified. All members elected at said general election held in November, 1968, shall take office on January 1, 1969. Thereafter, all members shall be elected at the general election immediately preceding the expiration of their terms for terms of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. Terms. Section 3. (a) In the event a vacancy occurs on the board for any reason other than the expiration of the term of office, the remaining members of said board shall elect a person who shall be a resident of the district in which the vacancy occurs, to serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. Vacancies, chairman, compensation. (b) At its first meeting each year, the members of the board shall elect, by a majority vote, one of their number to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board.
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(c) Each member of the board shall receive the amount of $50.00 for each meeting of the board actually attended by such member, not to exceed two (2) meetings during any single calendar month. Section 4. The board of education of Grady County existing on the effective date of this Act shall continue in existence through December 31, 1968, but the terms of all members of such board shall expire at that time and such board shall stand abolished. The board created herein shall be the successor to such abolished board and shall be subject to all provisions of law relative to county boards of education except those provisions of law which are in conflict with the provisions of this Act. Present board abolished. Section 5. (a) The board of education created herein shall appoint, by a majority vote of its members, the county school superintendent who shall serve at the pleasure of the board. The first superintendent appointed by said board shall be appointed at the first meeting of the board held after the members of the board take office. The county school superintendent holding office on the effective date of this Act shall continue to serve until his successor is appointed by the board as provided herein. No election for county school superintendent by the people shall be held in 1968. Superintendent. (b) The county school superintendent appointed by the board shall receive such compensation as the board shall provide by a majority vote of its members. The compensation of the superintendent shall be fixed at the first meeting of the board held after the members take office, and the amount of such compensation shall be duly recorded in the minutes of the board. The county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act. Section 6. 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
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ordinary of Grady County to issue the call for an election for the purpose of submitting this Act to the voters of Grady County for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Grady County. The ballot shall have written or printed thereon the words: For approval of the Act creating a new Board of Education of Grady County. Referendum. Against approval of the Act creating a new Board of Education of Grady 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 Grady 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 special 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 7. In the event this Act is approved by the voters of Grady County at the referendum election provided for in section 6, then this Act shall become effective on the first day of the month following the month during which said referendum election was held. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968 Session of the General Assembly of Georgia, a bill to provide for the election of school board members; to fix compensation for members of the board of education; to provide for staggered terms of members of board of education; to provide that the county school superintendent shall be appointed by the board; and for other purposes. This 19th day of December, 1967. Burton M. Wamble /s/ Burton M. Wamble Representative District 90. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burton M. Wamble who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cairo Messenger which is the official organ of Grady County, on the following dates: January 5, 12, 19, 1968. /s/ Burton M. Wamble Representative, 90th District Sworn to and subscribed before me this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 5, 1968.
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MEDICAL AND SCIENTIFIC RESEARCH FACILITIES IN CERTAIN COUNTIES (22,000-23,400). No. 663 (House Bill No. 1294). An Act to encourage and promote medical and scientific research and the establishment of medical research facilities and the development of scientific devices by exempting certain activities, persons, organizations and properties from building and zoning restrictions, fire regulations and requirements, permits and fees in all counties of this State having a population of not less than 22,000 nor more than 23,400 according to the United States decennial census of 1960 or any future such census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The provisions of this Act shall apply to all counties of this State having a population of not less than 22,000 nor more than 23,400, according to the United States decennial census of 1960 or any future such census. Where applicable. Section 2. Any person, association of persons, or corporation engaged in the operation or establishment of any hospital, medical center, research center, clinic or other like facility where medical research is carried on as a primary objective, together with all lands, buildings, structures and appurtenances thereto that are devoted to such uses and purposes, are hereby exempted from such State, municipal, or county building and zoning restrictions, fire regulations and requirements, permits or fees as may be imposed by statute, ordinance or rule or regulation adopted by any governmental administrative agency which would otherwise be applicable to the activities engaged in but for the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1968.
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CITY OF DOERUNRECORDER'S COURT. No. 664 (House Bill No. 1011). An Act to amend an Act creating a new charter for the City of Doerun, approved August 19, 1922 (Ga. L. 1922, p. 751), as amended, so as to establish a recorder's court and to provide for a recorder to preside therein; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Doerun, approved August 19, 1922 (Ga. L. 1922, p. 751), as amended, is hereby amended by striking in their entirety sections 14, 15 and 16, and substituting in lieu thereof new sections to read as follows: Section 14. There shall be established in the City of Doerun a recorder's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. (A) A recorder, who shall be appointed by the city council, shall preside over said court and perform the duties thereof. The recorder shall receive such compensation as the mayor and city council shall fix. Said court shall be held as often as necessary for the trial of offenders. The chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentence as they may be required by ordinances of said city or by the orders of the judge of said court. (B) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. (C) The recorder shall have the power and authority to punish for contempt by fine not exceeding one hundred
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($100.00) dollars and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. (D) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court will have the right to sentence said defendant to pay a fine not exceeding one hundred ($100.00) dollars and to imprisonment in the prison of said city or in the common jail of Colquitt County, not exceeding fifty (50) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding sixty (60) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs and fines shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. Section 15. (A) All cases made in said court shall be in the name of the City of Doerun. 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, etcetera, shall be signed by the clerk, deputy clerk, if one should be elected or employed, or policeman, and shall bear teste in the name of the presiding officer of said court. (B) The 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 Colquitt County for trial, to assess bail for his appearance, and to commit to the jail of Colquitt County, in default of bond.
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(C) Said court shall have the right to compel the attendance of witnesses, within or without jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, policeman, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (D) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, service upon surety alone shall be sufficient, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited, or who fails to appear in court. (E) Said court shall have full power and authority, and the council is hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 16. Any party being dissatisfied with the fine or penalty of the Recorder shall have the right to enter his
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appeal to the council; provided, that same is done within twenty-four hours after trial by said recorder. All parties being dissatisfied with the penalty, fine or forfeiture as exacted by the recorder shall have the right to have the same reviewed by certiorari; provided, same is done within thirty days from the final administration of said case. 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 regular 1968 Session of the General Assembly of Georgia, a bill to establish a recorder's court in the City of Doerun and to provide for a recorder to preside therein; to provide the procedure connected therewith; and for other purposes. This 11th day of December, 1967. Dorsey Matthews Representative, 94th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dorsey R. Matthews who, on oath, deposes and says that he is Representative from the 94th District, and that the attached copy of notice of intention to introduce local legislation was published in The Moultrie Observer which is the official organ of Colquitt County, on the following dates: December 22, 29th, 1967 and January 5th and 12th, 1968. /s/ Dorsey Matthews Representative, 94th District Sworn to and subscribed before me this 16th day of January, 1968. /s/ Pamela R. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 6, 1968.
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CITY OF MOULTRIECHARTER AMENDED, REFERENDUM. No. 665 (House Bill No. 1168). An Act to amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 3250), an Act approved March 5, 1957 (Ga. L. 1957, p. 2580), an Act approved March 5, 1957 (Ga. L. 1957, p. 2588), and an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2223), so as to change the time for giving notice to the clerk prior to certain elections; to provide that the city council shall have the authority to appoint a comptroller, specify his duties, and set his compensation; to remove the reference to the term chaingang and the term guardhouse, and insert different words therefor; to provide for a change in the millage rate on all taxable property in the City of Moultrie; to provide for a written notice of appeal after certain convictions, and the time such notice shall be filed; to provide the city shall have the power to provide for additional utility services; to provide for a city officer to receive certain tax returns; to provide that the city may grant additional franchises; to provide for a referendum for section 3 of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 3250), an Act approved March 5, 1957 (Ga. L. 1957, p. 2580), an Act approved March 5, 1957 (Ga. L. 1957, p. 2588), and an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2223), is hereby amended by striking in its entirety section 17 and inserting in lieu thereof a new section 17 to read as follows: Section 17. Be it further enacted, that at the first meeting of the council after their qualification they shall
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choose a city manager, a city attorney, and a city recorder. They shall also choose a board of trustees of the public library, a board of tax assessors, a city planning commission, and a board of zoning appeals, as herein provided. They may also choose a comptroller and specify his duties. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the council shall receive such compensation, take such oath, and when required give such bond as may be fixed by the council. Powers of council. Section 2. Said Act is further amended by striking from section 22 of said Act the words chaingang and guardhouse and inserting in lieu thereof the words public work gang and city jail respectively, so that when so amended section 22 shall read as follows: Section 22. Be it further enacted, that there shall be a recorder's court in said city for the trial of all offenders against the laws or ordinances of said city, to be held by the recorder in the city hall of said city as often as may be necessary. In the absence or disqualification of the recorder, the mayor pro tem shall hold said court, and in the absence or disqualification of both the recorder and mayor pro tem any one of the councilmen may hold said court. Said court shall have the power to preserve order and to compel the attendance of witnesses, punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars or both. Said recorder shall have full power and authority, upon conviction of any offender against the penal ordinance of the city, to sentence such offender to labor upon the streets or public work gang of said city, or be confined in the city jail of said city, for a term not exceeding one hundred days, or pay a fine of three hundred dollars. Either one or more of said penalties may be imposed in the discretion of the recorder. Punishment for violating ordinances. Section 3. Said Act is further amended by striking the word fifteen from section 24 of said Act and inserting in lieu thereof the word twenty so that when so amended section 24 shall read as follows:
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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 percent, 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 twenty mills on all taxable property of said city. Provided, that the money so collected shall be used only for school purposes, as herein provided, and the council shall pay over said money so collected, and as soon as collected, to the treasurer of the board of the city school commissioners of Moultrie, Georgia. Tax rate. Section 4. Said Act is further amended by striking from section 51 of said Act the words chaingang and guardhouse and inserting in lieu thereof the words public work gang and city jail, respectively, so that when so amended section 51 shall read as follows: Section 51. Be it further enacted, that said council shall have full power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinance of said city not hereinbefore provided for, and to punish offenses by imprisonment in the city jail of said city, or work on the public work gang of said city, for a term not exceeding one hundred days, or a fine of not exceeding three hundred dollars; the officer trying said offender may, on conviction of said offender, impose any one or all of said penalties. Punishment for violating ordinances. Section 5. Said Act is further amended by striking from section 59 of said Act the word chaingang wherever it appears and inserting in lieu thereof the word public work gang, so that when so amended section 59 shall read as follows:
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Section 59. Be it further enacted, that the council shall have the right to establish a public work gang for said city for the purpose of working the streets, drains or any other work with the convicts of said city. And in case any person escapes, or attempts to escape from said public work gang, charges shall be preferred against him, and he may be tried in the recorder's court for said offense, and on conviction thereof the recorder may sentence said offender as prescribed by section 51 of this Act. Public work gang. Section 6. Said Act is further amended by striking from section 23 the words may appeal to the city council and inserting in lieu thereof the words may appeal in writing, within fifteen (15) days of such conviction, to the city council, so that when so amended section 23 shall read as follows: Section 23. Be it further enacted, that any person convicted in the recorder's court may appeal in writing, within fifteen (15) days of such conviction, to the city council, who shall hear the case anew, and shall by a majority vote acquit the appellant or sentence him, or fine him, in their discretion, not exceeding the terms and amounts fixed in section 51 of this charter. The person so convicted may, if he sees fit, certiorari said case either before or after appeal to the city council. Appeals from recorders' court Section 7. Said Act is further amended by striking from section 33 the words city waterworks and inserting in lieu thereof the following: city waterworks, city gasworks,, so that when so amended section 33 shall read as follows: Section 33. Be it further enacted, that the council shall have power to pass such ordinances, and enforce compliance therewith by suitable penalties, as may be necessary for the protection of the city waterworks, city gasworks, and electric lights and electric light plant and appurtenances, and for the securing of purity and healthfulness in the water supply, and shall have full power and authority to abate and
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remove anything which may cause impurity or unhealthfulness of the water of said waterworks. Protection of utilities. Section 8. Said Act is further amended by striking from section 34 the words water and wherever they appear, and inserting in lieu thereof the following: water, gas and, so that when so amended section 34 shall read as follows: Section 34. Be it further enacted, that said council shall have power and authority by resolution to provide for the collection of water, gas and light charges, and to enforce the payment of any charge for any water, gas and lights by execution against the person, which said execution shall be issued like executions for taxes under existing ordinances or such as may hereafter be made applicable to the subject. They shall have the power and authority to pass ordinances to provide for the manner of carrying the provisions of this section into effect. Utilities. Section 9. Said Act is further amended by striking from section 35 the word water wherever it appears and inserting in lieu thereof the words water, gas so that when so amended section 35 shall read as follows: Section 35. Be it further enacted, that the council shall have full power and authority to make rules and regulations concerning the introduction and maintenance of water, gas and electric service into any premises, and from time to time to regulate the same; they shall have the right to examine the apparatus connected with said water, gas or electric services; and if any person refuses to allow such examination, he shall be punished as may be prescribed by ordinance of said council. Same. Section 10. Said Act is further amended by striking in its entirety section 36 of said Act and inserting in lieu thereof a new section 36 to read as follows: Section 36. Be it further enacted, that the council shall
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have full power and authority to make rules and regulations, and to pass all ordinances they may deem necessary regulating the furnishing of gas or electricity into residences, stores, manufacturing enterprises, and other places, by the gas or electric light plant of said city, and for the protection of the apparatus and other fixtures and appurtenances of said gas or electric light plant. The council shall have the right and power to regulate the charges that may be made for the use of light from the said electric light plant and water from the waterworks and gas from the gasworks of said city. Same. Section 11. Said Act is further amended by striking from section 79 of said Act the words solely out of the receipts of its waterworks system and inserting in lieu thereof the following: ,solely out of the receipts of its waterworks system, or solely out of the receipts of its gasworks system,, and by striking the words against receipt of its waterworks system and inserting in lieu thereof the following: against receipts of its waterworks system, or against the receipts of its gasworks system, so that when so amended section 79 shall read as follows: Section 79. Be it further enacted by the authority aforesaid that said city shall have power by appropriate ordinances to issue anticipation revenue certificates, payable solely out of the receipts of its waterworks system, or solely out of the receipts of its gasworks system, or its electric light system, or out of said systems jointly in their discretion; and said certificates shall not constitute a debt against said city within the provisions of Article 7, Section 7, Paragraphs 1 and 2 of the Constitution of the State of Georgia. Any such revenue certificates issued against receipts of its waterworks system, or against receipts of its gasworks system, or against the receipts of its electric light system, or the joint receipts of both systems, shall be issued and validated in accordance with the provisions of the Revenue Certificate Law of 1937 (Acts 1937, p. 761 et. seq.) as amended by Acts of 1939 p. 362 et. seq. Same, bonds.
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Section 12. Said Act is further amended by striking from section 45 the words duty of the clerk to receive and inserting in lieu thereof the following: duty of the clerk, or other officers authorized by the city manager, to receive, so that when so amended section 45 shall read as follows: Section 45. Be it further enacted, that the offices of the city clerk and treasurer may be held by the same person. It shall be the duty of the clerk, or other officers authorized by the city manager, to receive the tax returns, collect the taxes, licenses and business taxes and special taxes, or licenses, fines and assessments made by the council. It shall be the duty of the treasurer to keep the different funds separate, make written monthly reports of the state of the different funds separate, make written monthly reports of the state of the different funds on hand, and condition of the treasury. It shall be the further duty of the clerk to attend all meetings of the council, to keep a correct docket of the recorder's court, which docket shall show the disposition made of each case tried by said recorder's court. Collection of taxes, license fees, etc. Section 13. Said Act is further amended by striking from section 55 the words telephone company and inserting in lieu thereof the following: telephone company, cable television company, so that when so amended section 55 shall read as follows: Section 55. Be it further enacted, that the council shall have the authority to grant franchises, by proper ordinances, to any electric light company, telephone company, cable television company, street railroad company, sewerage company, waterworks company, or other like utilities, or to grant same to any person or corporation under such restrictions and for such times as they may see fit, not to exceed forty years from the date of the granting of the franchise. Franchises. Section 14. Said Act is further amended by striking from Section 1 of the Amendatory Act approved March 5, 1957
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(Ga. L. 1957, p. 2588), the figures and word 10 days and inserting in lieu thereof the figures and word 3 days, so that when so amended section 1 shall read as follows: Section 1. Any registered voter, when required to be absent from the City of Moultrie or who, because of physical disability will be unable to vote in person, may vote by mail in all elections held in the City of Moultrie, provided that he or some member of his immediate family,viz., husband or wife, father or mother, sister or brother or son or daughtershall give notice in writing of such intention to registrars or the clerk of the City of Moultrie, not less than 3 days nor more than 60 days prior to the election in which he may desire to participate. The clerk shall promptly deliver all applications made to him to a registrar. Absentee ballots. Section 15. On a date between April 15, 1968, and October 30, 1968, 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 section 3 of 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 the election. The board 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 Colquitt County. The ballot shall have written or printed thereof the words: For approval of Section 3 of the Act introduced in the 1968 Session of the General Assembly, which amends Section 24 of the Act incorporating the City of Moultrie, and which increases the allowable millage rate on all taxable property in the City of Moultrie for school purposes from Fifteen (15) mills to Twenty (20) mills. Referendum. Against approval of Section 3 of the Act introduced in the 1968 Session of the General Assembly, which amends Section 24 of the Act incorporating the City of Moultrie, and which increases the allowable millage rate on all taxable property in the City of Moultrie for school purposes from Fifteen (15) mills to Twenty (20) mills.
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All persons desiring to vote in favor of Section 3 of the Act shall vote for approval, and those persons desiring to vote for rejection of section 3 of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of section 3 of the Act, section 3 shall become of full force and effect, otherwise, it shall be void and of no force and effect. The other sections of said Act, however, shall be effective upon the Act's being approved by the Governor, or as it otherwise becomes law. 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. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given of intention to apply for the passage at the 1968 regular 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 for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Gene Fallin who, on oath, deposes and says that he is Representative from the 94th District, and that the attached copy of notice of intention to introduce local legislation was published in The Moultrie Observer which is the official organ of Colquitt County, on the following dates: December 15, 22 and 29, 1967. /s/ Billy Gene Fallin Representative, 94th District
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Sworn to and subscribed before me this 29 day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 6, 1968. CITY COURT OF COLQUITT COUNTYNAME CHANGED TO CIVIL AND CRIMINAL COURT OF COLQUITT COUNTY. No. 666 (House Bill No. 1307). An Act to amend an Act creating and establishing the City Court of Colquitt County in and for the County of Colquitt, approved August 7, 1931 (Ga. L. 1931, p. 292), as amended, so as to change the name of said court to the Civil and Criminal Court of Colquitt County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the City Court of Colquitt County in and for the County of Colquitt, approved August 7, 1931 (Ga. L. 1931, p. 292), as amended, is hereby amended by striking from said Act and all amendatory Acts thereto, whenever the same shall appear, the following: the City Court of Colquitt County, and substituting in lieu thereof: the Civil and Criminal Court of Colquitt County, so that the name of said court shall be the Civil and Criminal Court of Colquitt County.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for the passage at the 1968 regular session of the General Assembly of Georgia of a Bill to amend an Act of the General Assembly relating to the establishment of the City Court of Colquitt County, Georgia approved August 7, 1931, (Ga. L., 1931, p. 293), and acts amendatory thereof and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Gene Fallin, who, on oath, deposes and says that he is Representative from the 94th District, and that the attached copy of notice of intention to introduce local legislation was published in The Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 19, 26, and February 2, 1968. /s/ Billy Gene Fallin Representative, 94th District Sworn to and subscribed before me this 2nd day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 6, 1968.
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COLQUITT COUNTYCOMPENSATION OF ORDINARY. No. 667 (House Bill No. 1387). An Act to amend an Act placing the county officers of Colquitt County on an annual salary in lieu of a fee system of compensation, approved February 17, 1956 (Ga. L. 1956, p. 2399), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3393) and an Act approved March 24, 1965 (Ga. L. 1965, p. 2475), so as to change the compensation of the ordinary of Colquitt County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the county officers of Colquitt County on an annual salary in lieu of a fee system of compensation, approved February 17, 1956 (Ga. L. 1956, p. 2399), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3393) and an Act approved March 24, 1965 (Ga. L. 1965, p. 2475), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The ordinary of Colquitt County shall be compensated an annual amount not less than six thousand, ($6,000.00) dollars and not more than ten thousand ($10,000.00) dollars, to be paid in equal monthly installments from funds of Colquitt County. Such compensation shall be all inclusive, and the ordinary shall receive no other compensation for any services performed in his official capacity. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given of intention to apply for the passage at the 1968 regular session of the General Assembly of Georgia of a Bill to amend an Act of the General Assembly
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relative to compensation of the ordinary of Colquitt County, Georgia, approved March 24, 1965 (Ga. L. 1965, p. 2475), and acts amendatory thereof and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Gene Fallin who, on oath, deposes and says that he is Representative from the 94th District, and that the attached copy of notice of intention to introduce local legislation was published in The Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 5, 12, and 19, 1968. /s/ Billy Gene Fallin Representative, 94th District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 6, 1968. CITY OF CLEVELANDCHARTER AMENDED. No. 668 (House Bill No. 1389). An Act to amend an Act incorporating the City of Cleveland, Georgia in the County of White, approved February 25, 1949 (Ga. L. 1949, p. 1024), so as to change the corporate limits; to change the time for opening and closing the polls; to provide that members of committees appointed by the mayor be approved by the council; to provide that the mayor shall prepare an annual budget and present the same to the council; to change the dates on which books for return of property will be opened and closed; to decrease the tax assessment percentage; to change the
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power the mayor and council has for regulating the use of the streets, sidewalks and public grounds; 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 Cleveland, Georgia in the County of White, approved February 25, 1949 (Ga. L. 1949, p. 1024), is hereby amended by striking from section 3 the words which read as follows: one-half mile, and inserting in lieu thereof the words which read as follows: one mile, so that when so amended section 3 shall read as follows: Section 3. Be it further enacted, that the corporate limits of said City of Cleveland shall be that certain area within the limits of a circle having as its center the center of the public square in the territory now embraced in the Town of Cleveland, in White County, Georgia, and having a radius in every direction from said center of one mile. Corporate limits. Section 2. Said Act is further amended by striking from section 5b the words and phrases which read as follows: governing county elections for the election of county officers, except the polls shall open at 9 o'clock a.m. and close at 5 o'clock p.m., and inserting in lieu thereof the words and phrases which read as follows: governing county elections. The polls shall open at 7 o'clock a.m. and close at 7 o'clock p.m., Elections. so that when so amended section 5b shall read as follows: Section 5b. Be it further enacted, that all elections under this charter be held under and in confirmity with the
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laws, rules and regulations governing county elections. The polls shall open at 7 o'clock a.m. and close at 7 o'clock p.m. The managers of said election to be appointed by the mayor and council of said city, and they shall fix the pay of said manager for holding said election. Said managers to make returns of said election to the clerk of the City of Cleveland, who shall declare the result in accord with the certificate of the managers. Section 3. Said Act is further amended by adding in section 6 in the fifth line between the words city and to the words and phrase which read as follows: said committee members to be confirmed (approved) by council members; , and by adding after the first sentence in section 6 a new sentence to read as follows: He shall prepare and present an annual budget to the council at the general council meeting., so that when so amended section 6 shall read as follows: Section 6. Be it further enacted, that the mayor shall be the chief executive of said city and it shall be his duty to preside over all meetings of the city council and he is given full powers to preserve order and decorum at such meetings; to appoint all committees authorized by the ordinances of said city; said committee members to be confirmed (approved) by council members; to see that all officials and officers of said city do faithfully perform all the duties required of them; to see that all the ordinances and laws of said city are properly carried out and executed and that all revenues are promptly collected and accounted for and proper records are kept of all financial transactions of said officers and of said city. He shall prepare and present an annual budget to the council at the general council meeting. He shall exercise general supervision and jurisdiction over the affairs of said city and have authority to call the council in extra session as often as he deems necessary for the proper conduct of the affairs of the city
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government. He is authorized to sign any and all contracts, obligations or other documents or resolutions entered into and authorized by ordinances of said city and bind the city to carry out the contracts or obligations thus signed. Mayor. Section 4. Said Act is further amended by striking from section 16 the words which read as follows: on the first day of March and closed on the first day of May of each year., and inserting in lieu thereof the words which read as follows: on the first day of January and closed on the first day of April of each year., so that when so amended section 16 shall read as follows: Section 16. Be it further enacted, that all persons and corporations owning property in the City of Cleveland, 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 the first day of January of each year; and the books for recording the same shall be opened on the first day of January and closed on the first day of April of each year. Said property shall be returned by the property owner or his authorized agent, on blanks furnished for the purpose, at the fair market value thereof. Tax returns. Section 5. Said Act is further amended by striking from section 19b the figures which reads as follows: 1, and inserting in lieu thereof the figures which reads as follows: 1, so that when so amended section 19b shall read as follows: Section 19b. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of said
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city government and for ordinary current expenses thereof; the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, and every other species of property in said city or owned and held therein, of not exceeding (1) percent upon the value of said property; and for the purpose of paying the principal of any bonds and interest that may hereafter be issued by said city authorities, and to provide for the principal and annual interest on any such bond issue a greater ad valorem tax may be levied and collected. Said mayor and council shall have power and authority to provide by ordinance the method of raising revenue in sufficient amounts to retire and liquidate any bonded indebtedness, both principal and interest, by assessment, levy and collection of sufficient amounts of money necessary for such payments and liquidations of any bonded indebtedness. Tax rate. Section 6. Said Act is further amended by striking from section 19c the words which read as follows: racks and for carrying banners, hand-bills and placards on the streets, sidewalks, avenues and public squares and public places in said city, and inserting in lieu thereof the words which read as follows: racks and other public utility installations, and for carrying banners, hand-bills and placards on the streets, side-walks, avenues, public squares and public places in said city, so that when so amended section 19c shall read as follows: Section 19c. Be it further enacted, that the mayor and council of said City of Cleveland shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, side-walks, alleys, lanes, squares of land of the city, and the grading of the same, to open up streets and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall
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be taken by the City of Cleveland without just compensation of said property being paid as provided by the laws of the State of Georgia in condemnation proceedings. Said mayor and Council shall have full power and authority to remove or cause to be removed, any buildings, post, steps, fences, or any other obstruction or nuisance in the public streets, alleys, lanes, sidewalks, avenues or public squares of said city. Upon the failure of any person or persons placing any of said obstructions upon said streets, alleys, lanes, sidewalks, public squares or avenues, or the abutting land owner, to remove the same after notice shall have been given, all costs of removal shall be paid by the person or persons creating said obstruction or by the abutting land owner, and executions may be issued as provided by ordinance by the mayor and council. Said mayor and council shall have full power and authority to regulate the use of the streets, sidewalks and public grounds for signs, posts, awnings, telegraph and telephone poles, racks and other public utility installations, and for carrying banners, handbills and placards on the streets, sidewalks, avenues, public squares and public places in said city; and where any telephone, telegraph, or electric power poles have become a nuisance or interfere with the traffic or travel on the streets, sidewalks, alleys, lanes, avenues or other public place, said owners, companies or persons shall remove the same to any reasonable location designated by said mayor and council and upon failure to do so after 10 days notice, the city shall have the right to remove the same at the expense of said owner, company or person or persons and collect the costs of said removal by execution, levy and sale. Powers of mayor and council. Section 7. Said Act is further amended by striking from section 22 the words which read as follows: or persons, corporations, companies or firms who fail or refuse to register and pay said license., so that when so amended section 22 shall read as follows: Section 22. Be it further enacted, that the mayor and council shall have full power and authority to provide by ordinance complete regulations for registration of all business,
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trade, calling, vocation or professions carried on with said city and to provide and to assess a license tax and to require the payment of the same annually for the right to engaged in such trade, calling, vocation or profession within said city and to require that said registration be had and said license be paid before carrying on or engaging in such trade, calling, vocation or profession. Business licenses. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. This is the intent to enact local legislation for the purpose of changing the city limits of Cleveland, Georgia and for other purposes. This advertisement is in accordance with Georgia Law. Fulton Lovell, Representative Maylon K. London, Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fulton Lovell who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cleveland Courier which is the official organ of White County, on the following dates: January 26, February 2 and February 9, 1968. /s/ Fulton Lovell Representative, 6th District Sworn to and subscribed before me this 9 day of February, 1968. /s/ Priscilla Sexton Notary Public. (Seal). Approved March 6, 1968.
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FULTON COUNTYEMPLOYEES' PENSIONS. No. 679 (House Bill No. 953). An Act to amend the Act approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.) authorizing the board of commissioners of roads and revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees of said county; and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof, so as to provide increased pensions to certain officers and employees; to increase the amount of payment to be made by such officers and employees into the pension fund; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of 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.) as amended by the Act approved March 11, 1964, (Ga. L. 1964, p. 2978) be and the same is further amended as follows: Section 1. By striking from sub-section (c) of section 1 of said 1963 amendment (Ga. L. 1963, p. 2462, et seq.) the following: he shall be paid thereafter a monthly pension equal to one and one-half (1 3/4%) per cent of his monthly earnings Monthly pensions. and inserting in lieu thereof the following: he shall be paid thereafter a monthly pension equal to one and three-fourths (1[UNK]%) per cent of his monthly earnings. Section 2. By striking sub-section (f) of section 1 of said 1963 amendment (Ga. L. 1963, p. 2462, et seq.) as amended by the Act approved March 11, 1964 (Ga. L. 1964, p. 2978) in its entirety and inserting in lieu thereof a new sub-section (f) of section 1 as follows:
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There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of five per cent (5%), in the event he does not provide for payment of a pension to his beneficiary, as authorized by this Act, as amended, or the sum of six per cent (6%), in the event he does provide for the continuance of the pension to his beneficiary. Like deductions shall be made from the salaries of future employees required to come under this amendment. Employee contributions. 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. Present employees. All officers and employees 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. Future employees. All pensions payable under this Act as hereby amended shall be subject to the ceiling or limitation that same shall not exceed $625.00 per month, or three-fourths (3/4), whichever is lesser, of the salary of such officer or employee during the highest sixty (60) months of service, notwithstanding the fact that the years of service and the salary of the officer or employee might, except for these limitations, entitle such officer or employee to a higher pension. Pensions. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 5. 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.
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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 28th day of December, 1967, and on the 4th, 11th days of January, 1968. /s/Frank Kempton Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1968, Session of the General Assembly of Georgia a bill to amend the Act known as Fulton County Employees' Pension Act approved March 3, 1939 (Ga. L. 1939, p. 571) as heretofore amended, so as to provide that the maximum pension payable to employees who have served less than 25 years, but who elect to and are retired under the Act of 1955 shall not receive pensions in excess of $150.00; to provide further that present employees who have not elected to accept the benefits of the Act of 1963 shall be barred from participation therein unless they elect, within 60 days, to accept the benefits of said Act, and for other purposes. This 28th day of December, 1967. Harold Sheats, County Attorney, Fulton County Subscribed and sworn to before me this 12th day of January, 1968. /s/ Frances K. Nixon Notary Public, Georgia State at Large. My Commission expires Jan. 28, 1972. (Seal). Approved March 8, 1968.
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CITY OF LOOKOUT MOUNTAININCORPORATED, REFERENDUM. No. 687 (House Bill No. 1105). An Act to incorporate the City of Lookout Mountain, Georgia; to define certain workds; to provide for corporate limits; to provide for corporate powers; to provide for a city council and election of councilmen; to provide for a mayor and election of a mayor; to provide for the qualifications of the mayor and councilmen; to provide for the meetings of the city council; to provide that the mayor will preside at meetings of the council; to provide for a vice-mayor; to provide for the filling of vacancies in office of the mayor or councilmen; to provide for the appointment of a city clerk by the mayor; to provide for an official city newspaper; to provide for city legislation and the procedure related thereto; to provide that the council may authorize officers and agencies of the city to promulgate rules and regulations; to provide for the administrative duties of the mayor; to provide that the mayor shall appoint a city attorney and such assistant city attorneys as may be authorized by ordinances; to provide for the establishment of a city court; to provide for jurisdiction and powers of the city court; to provide for a judge of the city court; to provide for the salary and the removal of said judge; to provide for an acting city judge; to provide that the council may by ordinance establish departments, agencies and offices; to provide for the appointment, suspension and removal of the chiefs of the fire department and police department; to provide for an oath of office; to provide for an official bond; to provide that officers and employees shall not profit from connections with the city; to provide for a fiscal year; to provide that the mayor shall submit an annual budget; to provide for public hearings; to provide for action by the council on the budget; to provide for centralized purchasing by the city purchasing agent; to provide for the sale of city property by the mayor; to provide for an annual audit; to provide for property taxes; to provide for a tax levy; to provide for tax due dates and tax bills; to provide for the collection of delinquent taxes; to provide
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for an official depository of the city's funds; to provide for restrictions on actions for damages against the city; to provide for the transfer of certain assets and the assumption of certain liabilities; to provide that general laws may be used in lieu of the provisions of this Act; to provide a severability clause; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CHARTER, DEFINITIONS, CITY LIMITS AND CORPORATE POWERS . Section 1.01. An Act creating the City of Lookout Mountain, Georgia . This Act shall constitute the whole charter of the City of Lookout Mountain, Georgia, in the County of Walker, which with its inhabitants are hereby constituted and declared a body politic and corporate by the name and style of the City of Lookout Mountain, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions . As used in this Act the following words and terms shall have the following meanings: (a) City shall mean the City of Lookout Mountain, Georgia. (b) Councilman shall mean a person elected to the city council as provided in this Act. Member of the council shall mean the mayor and each councilman. (c) Public way shall mean any land used by the public as a passage way, including but not limited, to streets, roads, highways, avenues, parkways, alleys, lanes, sidewalks, walks, bridges and other thoroughfares, and including the right-of-ways of such public ways. (d) Agency shall mean any office, court, utility, board, commission, institution, or other organization in charge of
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or administering any public function or municipal affair of the city. (e) Officer shall mean and include the mayor, councilmen, city judge, members of boards and commissions, and any other persons classified as public officers by the laws or judicial decisions of this State. An officer as herein defined shall fill an office, and an employee shall fill a position of employment. (f) Elector shall mean a person residing within the city who is qualified to vote therein. (g) The masculine shall include the feminine, and the singular shall include the pluran and vice versa. (h) The word shall is mandatory; may is permissive. Section 1.03. Corporate limits . The corporate limits of the City of Lookout Mountain, Georgia shall include and embrace all of the territory within the Fairyland Militia District (Militia District No. 1851); and shall be bound on the north by the Tennessee State line; on the east by the Chattanooga Valley Militia District (Militia District No. 1501); on the south by the Mountain Militia District (Militia District No. 1161); and on the west by Dade County, Georgia. Section 1.04. Corporate powers . The corporate powers of the city, to be exercised by the city council, shall include the following: (a) To levy and to provide for the assessment and collection of taxes on all property subject to taxation as limited herein. (b) To levy and to provide for the collection of license taxes on privileges, occupations, trades, and professions. A collection fee of one ($1.00) dollars may be added to each such license tax. (c) 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.
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(d) To acquire, dispose of and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (e) To acquire property, inside the city, for present or future use, under section 36-202 of the Code of Georgia, or under other applicable public acts. (f) To grant franchises or make contracts for public utilities and public services, not to exceed a period of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as such are not in conflict with the regulation by the Georgia Public Service Commission or other similar state or federal agency having jurisdiction in such matters. (g) To provide for the acquisition, construction and maintenance of public buildings and maintenance of existing public ways, parks, and drains, inside or outside the city, and to regulate the use thereof. (h) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (i) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (j) 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. (k) To provide that persons giving jail sentences in the city court shall work out such sentences on the streets or any public works of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to the county workhouse or jail by agreement with the appropriate county officers.
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(l) To take up and impound dogs, horses, mules, cattle, hogs or other animals running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. (m) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor. (n) To provide such fire protection for the city, as in the discretion of the council the city can afford or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, provide needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will be best to promote the objects of this section and afford protection from fire or conflagration to property in the city; to enter into a contract or contracts and to carry out their contractural obligations thereunder with individuals residing outside of the city or with other incorporated cities or towns of this State for the purpose of furnishing aid or furnishing one another mutual aid in fighting fires as in the discretion of the council would be most advantageous and serve the public interest of the city, and in authorizing or permitting its fire department to answer calls outside the corporate limits of the city, and in answering such calls, the city, its officers and employees shall be considered as acting in a governmental capacity and shall be entitled to all rights, privileges, exemptions and immunities as if such duty or activity were performed within the corporate limits of the city; and to enter into a contract or contracts, and to carry out their contractural obligations thereunder, with incorporated municipalities of other states for the purpose of furnishing one another mutual aid in fighting fires as in the discretion of the council would be most advantageous and serve the public interest of the city, and in authorizing or permitting its fire department to answer calls outside the corporate limits of the city; provided, however, that the other state and incorporated municipality has by appropriate legislation provided for reciprocity with this State, so as to authorize the execution of such contract or contracts of mutual aid.
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(o) To provide such police protection for the city, as in the discretion of the council the city can afford or is able to support, and to this end shall have the power and authority to organize, equip and support a police department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, provide needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this section and afford protection of property and persons and the enforcements of the ordinances of the city and the statutes of the State of Georgia. It shall be lawful for the chief of police, or any police officer of the city to arrest without warrant, any person or persons, within the corporate limits of the city, who, at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of the city, or who he has reasonable belief or reliable information has or have been guilty, and to hold such person so arrested until a speedy hearing of the matter before the city judge can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, if there is one, or in the jail of Walker County, Georgia, for a reasonable length of time. The chief of police and the police officers of the city are authorized to the same extent as sheriffs of the State to execute warrants placed in their hands charging any persons with violating the criminal laws of this State. The chief of police and police officers are also authorized to arrest anywhere within the State, any person charged with violating any ordinance of the city; provided, when the arrest is not made within twenty-four hours after the offense is committed, said chief of police and police officers are not authorized to arrest the offender outside the corporate limits of the city, except in obedience to written warrants signed by the city judge or acting city judge. The chief of police, in the event the city judge is unavailable, may take bonds for appearance of any person arrested for violations of city ordinances before the city court for trial, and all such bonds may be forfeited pursuant to the procedure established by the city judge. (p) To operate a service station and receive the revenues from such operation as long as the same shall be deemed
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necessary to the welfare of the city in the discretion of the council. (q) To exercise those powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, and general welfare of the city and its inhabitants, and 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. ARTICLE II. CITY COUNCIL . Section 2.01. Election of mayor and councilmen . (a) On the date of the general election held in 1968, an election shall be conducted by the Ordinary of Walker County during the same hours and at the same places for holding general elections and under the general election laws of this State, to elect a mayor and five councilmen from the city at large. Any elector may be qualified as a candidate by submitting to the said Ordinary at least fifteen days in advance of the election a petition nominating him. Each elector shall be entitled to vote for one candidate for mayor and five candidates for councilman. (b) In the first election as provided herein, the candidate for councilman receiving the highest number of votes and the mayor shall take office on the first day of January following their election and shall serve for a term of office of three years each and until their successors are duly elected and qualified. The two candidates for councilman receiving the next highest number of votes shall take office on the first day of January following their election and shall serve for a term of office of two years each and until their successors are duly elected and qualified. The two candidates for councilman receiving the next highest number of votes
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shall take office on the first day of January following their election and shall serve for a term of one year each and until their successors are duly elected and qualified. (c) After the first election provided above, subsequent elections shall be conducted by the city election managers during the same hours and at the same time and place for holding general elections and under the general election laws of this State. Any elector may be qualified as a candidate by submitting to the mayor or other chief executive officer of the municipality, at least fifteen days in advance of the election, a petition nominating him. Successors who are elected to the initial positions of mayor and councilmen, as provided for herein, shall be elected on the first Tuesday next following the first Monday in November in that year in which the respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of three years and until their successors are duly elected and qualified. (d) No formality shall invalidate an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the general election laws of this State. Section 2.02. City Council . The mayor and five 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. No compensation will be paid the mayor and councilmen by the city unless otherwise provided by law. The council shall meet in special session on written call of the mayor or any two councilmen and served on the other members personally or left at their residences at least twelve hours in advance of the meeting, but such notice of a special meeting shall not be required if 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
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council may by ordinance adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The Council may subpoena and examine witnesses, to order the production of books and papers, and to have the same powers as a circuit court to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Section 2.03. Mayor as presiding officer . 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 . 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 two years. The vice-mayor shall perform the duties of the mayor during his absence or inability to act, and shall fill out any unexpired term in the office of mayor, in which case a new vice-mayor shall be elected by majority vote of the council. Section 2.05. Vacancy in office of mayor or councilman . A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, has been continuously disabled for a period of six months, so as to prevent him from discharging the duties of his office, accepts any Federal, State, county or other municipal office or is convicted of malfeasance or misfeasance in office, or felony, a violation of the Act or a violation of the election laws of the State. The council by majority vote 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.
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Section 2.06. City clerk . The mayor shall appoint a city clerk, who shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion, considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. Section 2.07. Official city newspaper . The council by resolution shall designate a newspaper of general circulation in the city as the official city newspaper. Section 2.08. City legislation . Any action of the council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this Act, shall be done only by ordinance. Each motion, resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any motion, resolution or ordinance, including two readings in the case of an ordinance. Each ordinance, before being adopted, shall be read at two meetings not less than one week apart, and shall take effect ten days after its adoption, except that, where an emergency exists and the public safety and welfare require it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by at least four members of the council on two readings on successive days. A code may be adopted by an ordinance which contains only a reference to its title, date and issuing organization, and the city clerk shall file a copy of the code in his office. The city shall furnish a copy of any such code to any person for a reasonable fee. Section 2.09. Rules and regulations . The council may by ordinance authorize officers and agencies of the city to promulgate formal rules and regulations within their respective jurisdictions, subject to such restrictions and standards
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of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy in his office. ARTICLE III. ORGANIZATION AND PERSONNEL Section 3.01. Administrative duties of mayor . The 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 shall have authority to appoint, promote, demote, transfer, suspend and remove all officers and employees and to direct and control their work, except as otherwise provided in the Act. He shall submit to the council annual budgets, reports and such other information as he may deem necessary or the council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditure shall be made without his approval. If no other employee is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. Section 3.02. City Attorney . The mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part, shall be the prosecuting officer in the city 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, motions, prescribed by the council or mayor. Section 3.03. City Court . There is hereby established a court to be known as the City Court of Lookout Mountain,
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Georgia, to be presided over by the city judge, and the same shall be convened at such time as designated by ordinance or at such times as deemed necessary by the city judge to dispose of the business of the court or both, and shall sit at a place designated by the city judge. The city court shall have the following jurisdiction and powers: (a) To try and punish for crimes against the City of Lookout Mountain, Georgia and for the violation of its ordinances and to fix punishment for offense within its jurisdiction, not exceeding a fine of five hundred ($500.00) dollars or imprisonment for ninety (90) days or both. (b) To punish those in its presence, or so near thereto as to affect its operation, for contempt, provided that such punishment shall not exceed fifty ($50.00) dollars or fifteen (15) days in jail. (c) To establish a schedule of fees to defray the cost of operation and it shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to the superior courts for violation of State law. (d) To establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions for forfeiture of the same. (e) To administer oaths and perform all other acts necessary or proper to conduct the City Court. (f) To bind prisoners over to the appropriate court when it appears that a State law has been violated. (g) To compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served and executed by any officer so authorized by this charter or by State law. The city judge shall cause the city court clerk to keep such records of proceedings as shall be necessary to a full understanding of the charge, evidence and disposition of each case tried before the city court. Appeals from the city court
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shall be to the Superior Court of Walker County, Georgia. All reasonable rules and regulations relative to procedure and to the operation of the City Court may be enacted by the council, provided that such rules and regulations shall be consistent with the provisions set forth in this charter and in conformance with the Constitution of the United States and State of Georgia and all laws of general application thereunder; provided, however, that the council may adopt in toto or in part the rules and regulations relative to procedure and to the operation of the superior courts under the general laws of the State of Georgia. Section 3.04. City Judge and City Court Clerk . The council shall appoint and fix the salary of the city judge for terms of two years and such salary shall not be changed during a term of office. The council may impeach and remove the city judge for neglect or refusal to enforce the laws of the State and ordinances of the city, or for other misconduct in office or neglect of duty, but any person so removed may appeal to the Superior Court of Walker County and thence to the Supreme Court of the State. The council shall fill a vacancy in this office by appointment for the unexpired term. Cases during the absence or temporary disability of the city judge shall be heard and decided by an acting city judge appointed by the mayor. The compensation of an acting city judge shall be fixed by ordinance. The council may authorize a city court clerk and other personnel to assist and to be appointed and removed by the city judge, to perform such duties as may be prescribed by ordinance or by the city judge. Section 3.05. Other officers and employees . The council by ordinance, after receiving the written recommendations of the mayor, may establish departments, agencies, offices and positions of employment and may abolish, combine or modify them in accordance with such recommendations. The powers and duties of such departments, agencies, offices and positions of employment may be defined by ordinance, and if not defined by ordinance shall be defined in formal rules and regulations issued by the mayor as provided in section 2.09 of this Act, but in any event the mayor may require officers and employees of the city, except those
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appointed by and accountable to the council, to perform such additional duties as may be considered necessary by him for the proper and efficient conduct of the city's affairs. The salaries of all employees of the city shall be fixed by ordinance. Section 3.06. Appointment, suspension and removal of Chief of Fire and Police . The chief or chiefs of the fire department and police department of the city as the same may be created by ordinance, shall be appointed, demoted, transferred, suspended and removed only upon the majority vote of the council and after a public hearing. During the suspension, the said chief or chiefs' salary may be reduced or eliminated, as determined by the council. Section 3.07. Oath of office . Before a person takes any office in the city government, he shall take, subscribe to, and file with the city clerk the following oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Georgia, that I will, in all respects, observe the provisions of the charter and ordinances of the City of, and that I will faithfully discharge the duties of the office of . Section 3.08. Official Bond . The mayor and every officer, agent, and employee of the city having duties embracing the receipt, disbursement, custody, or handling of money, and other officers and employees as may be required by ordinance, shall give a fidelity bond or faithful performance bond, as provided by ordinance, with some surety company authorized to do business in the State of Georgia as surety, in such amount as shall be presecribed by ordinance. All such bonds and sureties thereto shall be subject to approval by the council. The cost of such bonds shall be paid by the city. All such bonds shall be kept in the custody of the city clerk, except that the city clerk's bond shall be in the custody of the mayor. Section 3.09. Officers and employees not to profit from connections with city . No officer or employee of the city
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shall profit personally, directly or indirectly, from any contract, purchase, sale or service between the city government and any person or company. ARTICLE IV. FISCAL ADMINISTRATION Section 4.01. Fiscal Year . The fiscal year of the city government shall be fixed by ordinance by the council. Section 4.02. Mayor to submit annual budget . On or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the 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) revenue and expenditures during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding year and estimated assets, liabilities, reserves, and surplus at the end of the current fiscal year, and (e) such other information and data, such as work programs and unit costs, in justification of recommended expenditures, as may be considered necessary by the mayor or requested by the council. Section 4.03. Public hearing . After receiving the budget from the mayor, the council shall fix a time and place for a public hearing thereon and shall cause a public notice thereof to be published once in the official city newspaper at least ten days in advance of the date of the hearing. The public hearing shall be held before the council at the stated time and place, and all persons present shall be given an opportunity to be heard. Section 4.04. Action by council on budget . After the public hearing and before the beginning of the ensuing fiscal year, the council shall adopt an appropriation ordinance, based on the 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
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and agency. The council shall not make any appropriations in excess of estimated revenues, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city; providing the council unanimously agrees there is such an emergency. If emergency conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendments as provided in this section. Amendments may be made to the original appropriation ordinance at any time during a current fiscal year after a public hearing before the council on five days' notice published once in the official city newspaper, provided that increased appropriations may be made only after the mayor has certified in writing that a sufficient amount of unappropriated revenue will be available, except for emergency appropriations as provided above. Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation. At the end of each quarter of the fiscal year, the mayor shall submit a detailed budget report to the council, showing estimated and actual receipts and expenditures or encumbrances for that quarter and the fiscal year to the end of that quarter, as well as the amount encumbered or expended in excess of any of the itemized estimates of expenditures supporting the appropriations. Section 4.05. Centralized purchasing . All contracts and purchases, except those that may be reserved to the council by ordinance, shall be made by the city purchasing agent, who shall be the mayor or an employee appointed by him. Any expenditure or contract for more than one hundred ($100.00) dollars shall be made only after publication, advertisement and competition by sealed bids, as prescribed by ordinance and an award shall be made to the lowest and best bidder; provided that bids need not be required for professional services or for services for which the rates or prices are regulated by public authority. Competition by
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bids shall not be required for the purchase of equipment, materials or supplies from any other governmental agency. Section 4.06. Sale of city property . The mayor may sell any city property which is obsolete, surplus or unusable, if the proceeds do not exceed five hundred ($500.00) dollars, without taking bids, but sealed bids shall be taken or a public auction shall be held for any sale producing more than five hundred ($500.00) dollars; provided that any sale for more than one thousand ($1,000.00) dollars or any sale of real estate shall be subject to approval by the council. Section 4.07. Annual Audit . 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 published once in the official city newspaper. Section 4.08. Property taxes . All tangible property subject to taxation by said city, assessed as of the date of the County of Walker assessment date each year, shall be subject to the property tax levied by the city. The council by ordinance shall use the assessment set by Walker County, Georgia. Section 4.09. Tax Levy . The council shall make a tax levy, not to exceed ten mills upon each dollar so assessed pursuant to section 4.08, and if no tax levy is made within ninety (90) days prior to the tax due date, or within ninety (90) days prior to the due date of a second installment if two installments are authorized by ordinance, the property tax rate in effect the last fiscal year shall continue in effect as the tax rate for the new fiscal year. The maximum tax levy of ten mills shall remain in effect unless and until the same is increased upon the majority vote of the electors voting in a city referendum called by the council either upon its own initiative, or after it has been presented with a petition signed by at least thirty (30%) per cent of the electors in the city requesting such a referendum. In any event, such a referendum shall not be held until due notice
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of the same shall have been published in the official city newspaper at least twice each week for a period of four consecutive weeks, which notice shall contain the date and place where such referendum shall be held and the subject matter to be voted on. Section 4.10. Tax due dates and tax bills . The due dates of property taxes shall be fixed by ordinance and provision may be made for equal semi-annual installments. The city shall send tax bills to taxpayers, showing the assessed valuations, amounts of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent thirty (30) days after a due date, at which time a penalty of five (5%) per cent shall be added and thereafter such taxes shall be subject to interest at the rate of one-half of one per cent ( of 1%) for each month or fraction thereof until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.11. Collection of delinquent taxes . The council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor for the sale of goods and chattels to be executed by any police officer of the city under the laws governing execution of such process from a justice of the peace, or by the county trustee as provided by general law, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city and/or county taxes, or by any two or more of the foregoing methods and by the use of any available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment date of January 10 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 4.12. Official depository . The council shall designate an official depository or depositories for deposit and safekeeping of the funds of the city, and may require such collateral security as it deems necessary.
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ARTICLE V. MISCELLANEOUS Section 5.01. Restrictions on actions for damages against the city . No action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the mayor within sixty days after such cause of action shall have occurred, except that when the claimant is an infant or non compos mentis , or an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 5.02. Transfer of assets and assumption of liabilities . All assets of the Fairyland Fire District shall be transferred to the city and all liabilities of the Fairyland Fire District shall be assumed by the city. Section 5.03. General laws may be used . The council in its discretion may elect to use the provisions of any general laws of the State in addition to or instead of the provisions of this Act. Section 5.04 . 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 were 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 should be declared or adjudged invalid or unconstitutional. Severability. Section 5.05 . 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 Walker County to issue the call for an election for the purpose of submitting this Act to the voters
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who reside in the corporate limits as provided in section 1.03 of this Act for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Walker County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating the City of Lookout Mountain, Georgia. Against approval of the Act incorporating the City of Lookout Mountain, Georgia. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If 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 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 special 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 5.06 . 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 Session of the General Assembly, 1968, an act creating the City of Lookout Mountain, Georgia, in the County of Walker, said act providing a charter, definitions, city limits, corporate powers, a mayor and city council, organization and personnel, fiscal administration, and providing
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further for a referendum of the qualified voters in the affected area, and for other purposes. This 29th day of December, 1967. Wayne Snow, Jr. Representative District 1, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, 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 Walker County, on the following dates: January 3, 10 and 17th, 1968. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me this 23rd day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 8, 1968. CITY OF DALTONCORPORATE LIMITS. No. 688 (House Bill No. 1215). An Act to amend an Act amending the charter of The City of Dalton, approved January 30, 1946 (Ga. L. 1946, p. 477), establishing the corporate limits of the City of Dalton and Acts amendatory of said charter by incorporating
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in said city certain parts of land lots Nos. 141, 142, 163, 164, 197, 314, 333, 351, 352, in the 12th district and 3rd section, and certain parts of land lots Nos. 9 and 10 in the 13th district, and 3rd section of Whitfield County, Georgia, not now incorporated in said city. Be it enacted by the General Assembly of Georgia: Section 1. An act amending the charter of The City of Dalton, approved January 30, 1946 (Ga. L. 1946, p. 477), as amended, is amended by inserting following section 2A thereof, a section which shall be known as section 2B, which shall read as follows: 2B. In addition to the foregoing, the corporate limits of the City of Dalton shall also include the following described territory: Beginning at a point in land lot 164 in the 12th district, 3rd section where the present corporate limits of the City of Dalton intersects Mill Creek; thence meandering east and north with said stream 2013.5 feet to a point; thence north 51 degrees 04 minutes east 270 feet to a point; thence north no degrees 02 minutes west 660 feet to a point; thence north one degree 30 minutes west 656 feet to a point; thence south 75 degrees 20 minutes west 2006 feet to a point in land lot 141, 12th district 3rd section; thence east 1125 feet to a point in land lot 142, 12th district and 3rd section; thence south six degrees 28 minutes west 175 feet to a point; thence south 35 degrees 09 minutes west 117.5 feet to a point on the present corporate limits in land lot 163, 12th district, 3rd section; thence north 88 degrees 52 minutes east along the present corporate limits 1811.4 feet to a point; thence south no degrees 58 minutes east 1445 feet to the beginning point. Also beginning at a point on the present corporate limits of the City of Dalton in land lot 333, 12th district, 3rd section on the north side of McFarland Road where said road intersects the east right-of-way line of the Western and Atlantic Railroad; thence north along the said east right-of-way line and the present corporate limits of the city 2731.5
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feet to a point in land lot 314, 12th district, 3rd section; thence south 89 degrees 18 minutes east 259.6 feet to a point; thence south one degree eight minutes east 576.3 feet to a point; thence south one degree 14 minutes east 855.8 feet to a point; thence north 89 degrees 58 minutes west 230 feet to a point; thence south one degree 35 minutes east 208 feet to a point; thence south 89 degrees 30 minutes west 240 feet to a point; thence south 11 degrees 55 minutes west 615.4 feet to a point; thence north 89 degrees 34 minutes east 603.1 feet to a point; thence south no degrees 21 minutes east 300 feet to a point; thence south no degrees 39 minutes east 675 feet to a point; thence south 89 degrees 45 minutes west 882 feet to a point; thence north no degrees 15 minutes east 675 feet to a point on the north side of McFarland Road; thence south 89 degrees 45 minutes west 364.3 feet to the point of beginning. Also beginning at a point in land lot 333, 12th district 3rd section at the present corporate limits of the City of Dalton on the north side of McFarland Road where said road intersects the east right-of-way line of the Western and Atlantic Railroad; thence south and west along the east right-of-way of said railroad to a point on the north line of land lot 352, 12th district, 3rd section; thence east along the north line of land lot 352.67 feet to a point; thence south 600 feet to a point; thence east 300 feet to a point; thence north no degrees 19 minutes west 301.5 feet to a point; thence south 89 degrees 30 minutes east 215 feet to a point; thence north no degrees 30 minutes east 300 feet to a point; thence south 88 degrees 30 minutes east 527 feet to a point; thence south no degrees 40 minutes west 1013.5 feet to a point; thence east 918 feet to a point on the west side of a public road; thence south along the west side of said public road 759 feet to a point; thence west 231 feet to a point; thence south 231 feet to a point on the south line of land lot 352, 12th district, 3rd section; thence west 209.7 feet to the northeast corner of land lot 10, 13th district, 3rd section; thence south along the east line of said land lot 10, 1364 feet to a point; thence north 87 degrees 30 minutes west 868 feet to a point; thence south 423 feet to the north right-of-way line of Callahan Road; thence west along the north right-of-way line of said road 922 feet to a point; thence
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west 848 feet to a point on the west line of said land lot 10; thence north along the west line of said land lot to the west right-of-way line of the Southern Railway Company; thence north along the said west right-of-way line to a point on the north line of land lot 10, 13th district, 3rd section; thence east along said north land lot line to the southwest corner of land lot 352, 12th district, 3rd section; thence north along the west line of said land lot 352 to the west right-of-way line of the Southern Railway Company; thence north along said right-of-way line to a point on the north line of land lot 352, 12th district, 3rd section; thence west along the north line of said land lot 240 feet to a point; thence north six degrees 22 minutes east 1109.8 feet to a point; thence south 89 degrees 50 minutes west 175 feet to a point; thence north no degrees 04 minutes east 349.7 feet to a point on the present corporate limits of the City of Dalton; thence east along the present corporate limits to the point of beginning. Also beginning at the northeast corner of land lot 197, 12th district, 3rd section; thence west along the north line of said land lot 1359.5 feet to a point; thence south 1331.4 feet to a point; thence west 80.5 feet to a point; thence south 1296.4 feet to a point on the south line of said land lot 197; thence east along the said south line to a point on the present corporate limits of the city; thence north and east along the present corporate limits to a point on the east line of said land lot 197; thence north along the said east line to the northeast corner of said land lot 197 and the point of beginning; and all that area located in land lots Nos. 141, 142, 163, 164, 197, 314, 333, 351, 352, in the 12th district, 3rd section and certain parts of land lots Nos. 9 and 10 in the 13th district and 3rd section in said county, included within the boundaries aforesaid and the present city limits shall be incorporated in said city, and said city limits are hereby extended to include all of such area and parts of lots aforesaid within the said City of Dalton. 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 at the session which convenes
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in January, 1968, a bill extending the corporate limits to the City of Dalton, so as to include within said City certain parts of land lots 141, 142, 163, 164, 197, 314, 333, 351 and 352 of the twelfth district, third section and certain parts of land lots 9 and 10 of the thirteenth district, third section of Whitfield County, Georgia, not now incorporated in said City. Jack Cole Representative, Third District Post 1 Virgil T. Smith Representative, Third District Post 2 Gerald Leonard Representative, Third District Post 3 Affidavit of Publication. This is to certify that the attached published legal notice appeared for three consecutive issues of The Dalton Daily Citizen-News: Dec. 29, 1967; Jan. 5, 1968; and Jan. 12, 1968. /s/ Rufus M. Josey, Publisher This affadavit sworn to and subscribed before me on this 23rd day of January, 1968. /s/ Louise B. Hackney Notary Public (Seal). Approved March 8, 1968.
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COFFEE COUNTY BOARD OF EDUCATIONREFERENDUM. No. 690 (House Bill No. 1316). An to abolish the present board of education of Coffee County and to create in lieu thereof a new board of education for Coffee County; to provide that the members of the new board shall be elected by the people; to provide for education districts; to provide for the election of members of the new board of education; to provide for the compensation of the members of the board of education; to provide for the election of the superintendent of schools by the board of education; to provide that the superintendent of schools shall serve at the pleasure of the board; to provide that the board shall fix the compensation of the superintendent of schools; to provide the procedures connected with the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The present board of education of Coffee County is hereby abolished and in lieu thereof there is hereby created a new board of education of Coffee County to be composed of seven members to be elected by the people. For the purpose of electing the members of said board of education, Coffee County is hereby divided into seven education districts, as follows: Created, districts, etc. Education Districts Nos. 1 and 2 shall be composed of that territory embraced within the corporate limits of the City of Douglas. Education District No. 3 shall be composed of all that portion of the Douglas Militia District lying outside the corporate limits of the City of Douglas. Education District No. 4 shall be composed of that territory embraced within the territorial limits of West Green Militia District.
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Education District No. 5 shall be composed of that territory embraced within the territorial limits of Broxton Militia District. Education District No. 6 shall be composed of that territory embraced within the territorial limits of Nicholls Militia District. Education District No. 7 shall be composed of that territory embraced within the territorial limits of Ambrose and Bridgetown Militia Districts. (b) There shall be a member of the board of education from each of the seven education districts provided for in subsection (a) of this section, who shall be residents of said education districts but all members shall be elected by the qualified voters of Coffee County on a countywide basis. Section 2. The first members of the board of education provided for herein shall be elected at the November general election held in 1968. The members from Education Districts Nos. 1, 2 and 3 shall be elected at said November general election held in 1968, for terms of office of four years and until their successors are elected and qualified, beginning on January 1, 1969. The members from Education Districts 4, 5, 6 and 7 shall be elected at said November general election held in 1968 for initial terms of two years and until their successors are elected and qualified, beginning on January 1, 1969. Thereafter the members whose terms of office are expiring shall be elected in each November general election and shall take office on the first day of January following their election for terms of office of four years and until their successors are elected and qualified. In the event a vacancy occurs on the board, the remaining members of the board shall appoint a person who shall be a resident of the education district in which the vacancy occurs to serve the unexpired term. In the event a member moves his residence from the education district which he represents, his position on the board shall immediately become vacant, and the vacancy shall be filled in the same manner as provided for filling other vacancies. Elections, vacancies.
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Section 3. There shall be a chairman of the board of education of Coffee County, who shall be elected from the membership of said board of education by majority vote of its members. Chairman. Section 4. The members of the board of education shall be compensated in the amount of $50.00 per month. Compensation. Section 5. The Coffee County superintendent of schools shall be elected by majority vote of the board of education of Coffee County and shall serve at the pleasure of said board of education. The board of education shall fix the qualifications, duties, responsibilities, authority and compensation of said superintendent. The superintendent of schools of Coffee County holding office on December 31, 1968, shall continue to serve until the election of the superintendent by the board of education of Coffee County as herein provided. Superintendent. Section 6. The board of education of Coffee County created by this Act shall be the successor to the previous board of education of Coffee County and shall be vested with the rights, powers, duties and authority possessed by such previous board except as otherwise provided in this Act. All provisions of law relating to county boards of education shall be applicable to the board of education of Coffee County created by this Act unless such provisions are in conflict with the provisions of this Act. Powers. Section 7. 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 Coffee County to issue the call for an election for the purpose of submitting this Act to the voters of Coffee 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 Coffee County. The ballot shall have written or printed thereon the words:
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For approval of the Act abolishing the present Board of Education of Coffee County and creating in lieu thereof a new Board of Education to be elected by the people of Coffee County. Against approval of the Act abolishing the present Board of Education of Coffee County and creating in lieu thereof a new Board of Education to be elected by the people of Coffee 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 Coffee 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 special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia a bill to abolish the present board of education of Coffee County; to provide for the creation of a new board; to provide for the members of the board by the qualified electors of Coffee County; to provide for the election of the superintendent of Coffee County schools by the new board of education; and for other purposes. This 2nd day of January, 1968. George Jordan, Representative, 82nd District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 11, 18, 25, 1968. /s/ George Jordan Representative, 82nd District Sworn to and subscribed before me this 6th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 8, 1968. COFFEE COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 691 (House Bill No. 1317). An Act to amend an Act creating the office of commissioner of roads and revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, so as to create a board of commissioners of roads and revenues of Coffee County to be composed of five members; to provide for the election of the members of said Board and for their terms of office; to provide for commissioner districts; to provide for a chairman of said board; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. There is hereby created the board of commissioners of roads and revenues of Coffee County which shall be composed of five members and which shall administer the affairs of Coffee County. Created. Section 2. Said Act is further amended by striking sections 2, 3 and 4 in their entirety and substituting in lieu thereof new sections 2, 3 and 4, to read as follows: Section 2. Said board created herein shall have all the powers and duties provided by this Act for the previous board of commissioners of roads and revenues of Coffee County, and all provisions of this Act referring to any previous board of commissioners of Coffee County shall be deemed to refer to the board of commissioners of Coffee County herein created. Powers, etc. Section 3. (a) For the purpose of electing members of said board of commissioners, Coffee County shall be divided into five commissioner districts as follows: Commissioner District No. 1 shall be composed of the Douglas voting district. Commissioner District No. 2 shall be composed of the Douglas voting district. Districts. Commissioner District No. 3 shall be composed of the Broxton voting district. Commissioner District No. 4 shall be composed of the Nicholls and West Green voting districts. Commissioner District No. 5 shall be composed of the Ambrose and Bridgetown voting districts.
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(b) There shall be elected to said board of commissioners one member from each of said commissioner districts. Candidates may not offer for election to said board from any district other than the district in which their legal residence lies. All members shall be elected by the qualified voters of the entire county for terms of four years and until their successors are elected and qualified as hereinafter provided. Elections, terms, etc. (c) At the general election conducted in 1968 there shall be elected the first members on the board of commissioners of roads and revenues of Coffee County as herein provided for. All members shall be elected for terms of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. Thereafter, members who are elected to succeed the initial members of said board of commissioners of roads and revenues shall be elected at the general election which is conducted in that year in which the terms of office of said commissioners shall expire and shall take office on the first day of January following their election for a term of four years and until their successors are elected and qualified. Section 4. There shall be a chairman of said board of commissioners of roads and revenues, and the first such chairman shall be the commissioner elected from commissioner district No. 1 or commissioner district No. 2, as agreed upon by the commissioners from districts Nos. 1 and 2. In the event said commissioners from districts Nos. 1 and 2 cannot agree as to who shall serve as chairman, then the remaining members of said board of commissioners shall elect the chairman by majority vote from commissioner district No. 1 or commissioner district No. 2. The term of office of the chairman shall be concurrent with his term as a member of said board of commissioners of roads and revenues. Upon the expiration of the term of the first chairman of said board, as provided herein, his successor shall be the commissioner from commissioner district No. 3, and upon the expiration of his term, his successor shall be the commissioner from commissioner district No. 4; and upon the expiration of his term, the chairman shall be the commissioner from commissioner district No. 5; and upon the
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expiration of his term, the chairman shall be the commissioner from commissioner district No. 1 or 2, as hereinabove provided, so that the office of chairman of said board of commissioners shall rotate among the commissioners elected from the five commissioner districts. The term of office of the chairman shall in all cases be concurrent with the term of office of the commissioner who is serving as chairman as herein provided. All provisions of this Act relating to the powers, duties and compensation of the chairman of the board of commissioners of roads and revenues of Coffee County shall be applicable to the chairman of said board, as herein provided. Chairman. Section 3. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The members of the board of commissioners of roads and revenues shall qualify by taking and subscribing before any officer authorized to administer oaths an oath for the faithful discharge of the duties of their office. Oath. Section 4. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6 to read as follows: Section 6. The members of the board of commissioners of roads and revenues shall give a bond before entering upon their duties as such, to be approved by the ordinary and payable to the ordinary for the use of the county conditioned upon the faithful discharge of their duties and to account for all funds and property of said county coming into their possession, and the surety on the said bond shall be a corporate surety company duly licensed to do business in Georgia, and the premiums for such bonds shall be paid out of the funds of said county. The amount of said bonds, as provided for herein, shall be $20,000.00 in the case of the chairman of said board of commissioners and $10,000.00 for each of the other members of the commission. Bonds. Section 5. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows:
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Section 7. The salary of the chairman of the board of commissioners of roads and revenues of Coffee County shall be $400.00 per month, plus an expense account not to exceed $100.00 per month. The other four members of said board shall receive a salary of $200.00 per month each, plus an expense account not to exceed $50.00 per month each. Only actual necessary expenses shall be paid out of said expense accounts, and said expenses shall be paid only on itemized verified statements. Said expense shall include but not be limited to actual necessary and legitimate expenses which the said chairman or members of said board may incur while outside of the county on county business. Compensation. Section 6. 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 Coffee County to issue the call for an election for the purpose of submitting this Act to the voters of Coffee County for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Coffee County. The ballot shall have written or printed thereon the words: For approval of the Act creating a Board of Commissioners of Roads and Revenues of Coffee County to be composed of five members. Against approval of the Act creating a Board of Commissioners of Roads and Revenues of Coffee County to be composed of five members. 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 Coffee County. It shall be the duty of the ordinary to hold and conduct such election.
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He shall hold such election under the same laws and rules and regulations as govern special 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 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, 1968, Session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of roads and revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 194) as amended; to provide for a five-man board of commissioners; to provide for a referendum and for other purposes. This 6th day of January, 1968. George Jordan Representative Coffee County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 11, 18, 25, 1968. /s/ George Jordan Representative, 82nd District
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Sworn to and subscribed before me this 6th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 8, 1968. COFFEE COUNTYCOMPENSATION OF SHERIFF'S CLERK. No. 692 (House Bill No. 1457). An Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court, the ordinary, and the tax commissioner of Coffee County and providing in lieu thereof salaries, approved February 26, 1965 (Ga. L. 1965, p. 2087), so as to change the maximum compensation allowable to the clerk of the sheriff of Coffee County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the clerk of the superior court, the ordinary, and the tax commissioner of Coffee County and providing in lieu thereof salaries, approved February 26, 1965 (Ga. L. 1965, p. 2087), is hereby amended by striking from section 3 the words and figures two hundred ($200.00) dollars and inserting in lieu thereof the words and figures three hundred ($300.00) dollars, so that when so amended section 3 shall read as follows: Section 3. The sheriff shall receive an annual salary of not less than ten thousand ($10,000.00) dollars nor more than fifteen thousand ($15,000.00) dollars, payable in equal monthly installments from the funds of Coffee County, the same to be fixed by the governing authority of Coffee
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County. He shall be authorized to employ two deputies at an annual salary of not less than three thousand ($3,000.00) dollars nor more than four thousand eight hundred ($4,800.00) dollars. He shall be authorized to employ a clerk at a salary of not more than three hundred ($300.00) dollars per month. The salary of the deputies and the clerk shall be fixed in accordance with section 8. He shall also be furnished with two automobiles in accordance with section 9. He shall also receive the sum of $1.75 per day for each county prisoner who has been furnished food. The funds for payment of the food for the prisoners as herein provided shall be payable from the funds of Coffee County. He shall also receive living quarters to be used by one of the above mentioned deputies who shall act as jailer but shall receive no extra compensation, but in lieu thereof, the living quarters shall be furnished without cost to said deputy. 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 regular 1968 session of the General Assembly of Georgia a bill to authorize a change in the maximum amount which may be paid the clerk of the sheriff of Coffee County; and for other purposes. This 3 day of Jan., 1968. George Jordan, Representative, 82nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in The
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Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 4, 11, 18, 25, 1968. /s/ George Jordan Representative, 82nd District Sworn to and subscribed before me this 14th day of February, 1968. /s/ Priscila Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 8, 1968. CITY OF NICHOLLSCOMPENSATION OF MAYOR AND ALDERMEN. No. 693 (House Bill No. 1464). An Act to amend an Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to change the maximum amount of compensation of the mayor and aldermen of the City of Nicholls; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, is hereby amended by striking section 71 in its entirety and inserting in lieu thereof a new section 71, to read as follows: Section 71. The city council shall fix the salaries of the mayor and aldermen. The mayor shall receive not more than $30.00 per month as full compensation for his duties. The aldermen shall not receive more than $10.00 per month
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each as full compensation for their duties. Once the salaries of the respective officials have been set by the city council, they shall not be changed by the council during the mayor's or aldermen's terms of office. The compensation of the respective officers shall be paid monthly out of the general revenue fund of the City of Nicholls. 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 regular 1968 session of the General Assembly of Georgia a bill to change the maximum amount which may be paid to the mayor and aldermen of the City of Nicholls; and for other purposes. This 2nd day of January, 1968. George Jordan, Representative, 82nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 4, 11, 18, 25, 1968. /s/ George Jordan Representative, 82nd District Sworn to and subscribed before me this 14th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires January 2, 1970. (Seal). Approved March 8, 1968.
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CITY OF LAGRANGENEW CHARTER. No. 695 (House Bill No. 1490). An Act to reincorporate the City of LaGrange in the County of Troup; to create a new charter for said city; to provide its corporate limits; to provide for the government of said city; to provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for municipal services and regulatory functions; to provide for elections; to provide for a recorder's court; to provide for schools; to provide for election of first officials; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: CHAPTER 1 INCORPORATION AND POWERS Article 1 Incorporation and Powers Section 1.10Incorporation . The City of LaGrange, Georgia, in the County of Troup, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of LaGrange, Georgia. Under the name said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will;
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and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11City Boundaries . The boundaries of the City of LaGrange shall be as described and set forth in appendix one hereto. Article 2 Powers of the City Section 1.20Corporate Powers . The government of the City of LaGrange is hereby vested with all powers which municipal corporations are now, or may hereafter be, authorized or required to exercise under the Constitution and Laws of the State of Georgia; with all powers which the City of LaGrange was heretofore authorized to exercise on the effective date of this Charter under any general or local law, or both, of the General Assembly of Georgia, or under any general or local constitutional provision or amendment, or both, of the State of Georgia. In addition thereto, the government of the City of LaGrange, Georgia, shall exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the government of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if such powers were fully enumerated herein. Section 1.21Exercise of Powers . All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the mayor and council and as provided by the pertinent laws of the State of Georgia. Section 1.22Ordinances . All ordinances, by-laws, rules and regulations now in force in the city, not inconsistent
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with this charter, are hereby declared valid and of force until amended or repealed by the mayor and council. CHAPTER 2 MAYOR AND COUNCIL Article 1 General Provisions Section 2.10Composition and Election . The legislative authority of the government of the City of LaGrange shall be vested in a mayor and six councilmen, who shall be elected in the manner provided by Chapter 6 of this charter. Section 2.11Terms and Qualifications of Office . The mayor and members of the council shall serve for terms of four (4) years and until their successors are elected and qualified. No person shall be qualified or eligible to seek election as mayor or councilman unless he shall have resided in the city one year immediately preceding his election, and shall be registered and qualified to vote in municipal elections for offices of the City of LaGrange. Section 2.12Vacancy in Elected Offices . The offices of mayor or councilman shall become vacant upon the incumbent's death, resignation, removal from office in any manner authorized by law, or forfeiture of his office, or when he ceases to reside within the corporate limits of the City of LaGrange. A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Chapter 6. Section 2.13Compensation; Expenses . The mayor and each councilman shall receive as compensation for their services an amount fixed by ordinance of the council. In addition thereto, the mayor and council may be reimbursed for actual and necessary expenses incurred in the performance of their official duties, as provided by ordinance of the council.
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Section 2.14Oath of Office . Each newly elected or appointed mayor or councilman, before entering upon the duties of his office, shall take and subscribe before the city clerk or before some judicial officer, or mayor, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) of the City of LaGrange, to the best of my skill and ability, and as to me shall seem to the best interest and welfare of the city, without fear, favor or affection; so help me God. Section 2.15Prohibitions. (Holding Other Office . Except as authorized by law, neither the mayor nor any member of council shall hold any other city office or city employment during the term for which he was elected, and no former mayor or councilman shall hold any compensated appointive city office or city employment until one year after the expiration of the term for which he was elected to office. (b) Voting When Personally Interested . Neither the mayor nor any member of the council shall vote upon any question in which he is personally interested. Section 2.16Forfeiture of Office . The mayor or any member of council shall forfeit his office if he: (1) lacks at any time during his term of office any qualification for the office as prescribed by this Charter or by law; (2) violates any expressed prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. Section 2.17Judge of Qualifications . The mayor and council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their offices and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing.
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Decisions made by the mayor and council under this section shall be subject to the review of the courts. Section 2.18Inquiries and Investigations . The mayor and council may make inquiries and investigations into the affairs of the city and conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and council shall be punished as provided by ordinance. Section 2.19Independent Audit . The mayor and council shall provide for an independent annual audit of all accounts of the City of LaGrange and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The mayor and council, may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. Section 2.20General Power and Authority of Mayor and Council . (a) Except as otherwise provided by law or this charter, the mayor and council shall be vested with all the powers of government of the City of LaGrange as granted by Chapter 2, Article 2. (b) In addition to other powers conferred upon it by law, the mayor and council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and general laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, morals, prosperity and
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well-being of the inhabitants of the City of LaGrange and may enforce such ordinances by imposing penalties for violations thereof. (c) The mayor and council may by ordinance create, change, alter, abolish and consolidate offices, agencies, and departments and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. Article 2 Mayor Section 2.21Powers and Duties . (a) The mayor shall be the official spokesman for the city and the chief advocate of policy. He shall preside at meetings of the council, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds, contracts, and other instruments or documents authorized to be executed on behalf of the city. The mayor shall perform such other duties imposed by this charter or by ordinance of council not inconsistent therewith. Section 2.22Mayor Pro Tem . During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any reason, any one of the councilmen chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. Article 3 Organization and Procedures Section 2.30Organizational Meeting . The mayor and council shall meet for organization at the first regular meeting in January following each regular election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members. Following the induction of members, the mayor and council
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by majority vote of all the members thereof shall elect one of their number to be mayor pro tem, who shall serve for a term of one (1) year. Section 2.31Regular and Special Meetings . (a) The mayor and council shall hold regular meetings at least once in every month at such times and places as prescribed by ordinance. The mayor and council may recess any regular meeting and continue such meeting on any weekday or hour they may fix. They may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the mayor and council may be held on call of the mayor or shall be held when requested in writing by a majority of the members of the council and, except in case of emergency, upon no less than twenty-four hours notice to each member. Notice of any special meeting may be waived in writing and attendance at the meeting shall be a waiver of notice of any special meeting. (c) All meetings of the mayor and council shall be public; provided, however, they may recess for the purpose of discussion in a closed session limited to their own members, any matter which would tend to defame or prejudice the character or reputation of any person. Section 2.32Quorum; Voting . The mayor or mayor pro tem and four councilmen shall constitute a quorum for the transaction of business. The mayor or mayor pro tem, if he is presiding, shall be entitled to vote only in case of a tie. A majority of the votes cast shall determine all questions except as otherwise provided in this charter. Voting, except on procedural motions, shall be by voice and the ayes and nays shall be recorded in the journal, but any member of the council shall have the right to request a roll call vote. Article 4 Ordinance Procedure Section 2.40Action Requiring an Ordinance . Except
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as herein provided, every legislative act of the mayor and council shall be exercised only by ordinance. (a) Form Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be The mayor and the council of the City of LaGrange hereby ordain..... (b) Procedure Except as otherwise provided by this charter, each ordinance shall be introduced and read at a regular meeting of the mayor and council. The ordinance shall not be adopted until the next regular meeting of the mayor and council following the meeting of its initial introduction, but said ordinance may be amended, corrected or revised prior to adoption. Upon introduction of any ordinance, the city clerk shall distribute a copy to the mayor and to each council member, to the city manager, shall file a reasonable number of copies in the office of the city clerk, and at such other public places as the council may designate. (c) Submission of Ordinance to Mayor Every ordinance shall after adoption but before it takes effect, be tendered to the mayor within five (5) days for his approval. The mayor shall sign the ordinance if he approves it, whereupon it shall become effective. If he disapproves it, he shall return it to the council with the reasons for his disapproval at or prior to the next regular meeting of the mayor and council. If the council shall pass the ordinance by a vote of at least four councilmen at a regular or special meeting within seven days after the ordinance has been returned with the mayor's disapproval, it shall become effective without his approval. If the mayor does not return the ordinance or resolution to the council within the time herein required, the same shall become effective without his approval. Section 2.41Emergency Ordinances . To meet a public emergency affecting life, health, property or public peace, the mayor and council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by
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any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four (4) councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Chapter 4, shall automatically stand repealed seventy (70) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.42Codes of Technical Regulations . The mayor and council may adopt any standard code of technical regulations by references thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of section 2.40(b) for distribution and filing of copies of the ordinance shall be construed to include copies of the Code of Technical Regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.43. Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.43. Authentication and Recording; Codification; Printing . (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose, all ordinances adopted by the mayor and council.
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(b) Within three years after the adoption of this charter, and at least every ten years thereafter, the mayor and council shall provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification shall be adopted by the mayor and council by ordinance and shall be published promptly, together with this Charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as The Code of the City of LaGrange. Copies of the code shall be furnished to all officers, departments, and agencies of the city and placed in public libraries for free public reference and made available for purchase by the public at a reasonable price as fixed by the mayor and council. (c) The mayor and council shall cause each ordinance having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be distributed or sold to the public at a reasonable price to be fixed by the mayor and council. Following publication of the first Code of the City of LaGrange and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The mayor and council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. CHAPTER 3 ORGANIZATION AND ADMINISTRATION Article 1 General Section 3.10Administrative Departments; Creation . The mayor and council by ordinance shall establish such
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city departments, offices or agencies in addition to those created by this charter as they shall deem necessary to administer the affairs and government of the city. They shall prescribe the functions and duties of any such departments, offices and agencies created, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. Section 3.11Consolidation, Transfer and Merger of Departments and Functions . Except as otherwise provided herein by section 3.10 of this charter, the mayor and council may by ordinance abolish, merge or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. Article 2 City Manager Section 3.20Appointment; Compensation . The mayor and council shall appoint for an indefinite term an officer whose title shall be city manager and who shall be the head of the administrative branch of the city government. The city manager shall be chosen by the mayor and council solely on the basis of his administrative qualifications with special reference to his actual experience in, and knowledge of, the duties of the office as hereinafter prescribed. At the time of his appointment he need not be a resident of the city, but shall reside therein during his tenure of office. The city manager shall serve at the pleasure of the mayor and council and shall receive such salary as the mayor and council shall fix. Section 3.21Acting City Manager . By letter filed with the city clerk, the city manager shall designate subject to approval of the mayor and council, a qualified city administrative officer to execute the powers and perform the
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duties of the city manager during his temporary absence or disability. Section 3.22Chief Administrator . The city manager shall be responsible to the mayor and council for the proper administration of all affairs of the city. As chief administrator, the city manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the city, except the city attorney who shall be appointed as provided for in Article 3 hereof. The city manager shall report to the mayor and council every appointment and removal of a department head at the next council meeting following the appointment or removal. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the mayor and council and the laws of the State are faithfully executed and enforced; to make such recommendations to the mayor and council concerning the affairs of the city as he shall deem expedient; to keep the mayor and council advised of the financial condition and future financial needs of the city; to attend all meetings of the mayor and council and to prepare and to submit to the mayor and council such reports as he may deem expedient or as may be required of him by the mayor and council; and to perform all other duties as may be required of him by the mayor and council. Article 3 City Attorney Section 3.30Appointment; Qualifications; Term; Compensation . The mayor and council shall appoint a city attorney who shall be an attorney-at-law licensed to engage in the practice of law in Georgia and who shall be a resident of the city during his tenure. The city attorney shall serve at the pleasure of the mayor and council and shall receive such compensation as they shall determine. Section 3.31Duties of the City Attorney . It shall be the duty of the city attorney to prosecute and defend suits for and against the city; to serve as legal advisor to the
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mayor, councilmen, city manager and other city officials with respect to the affairs of the city; to draw all legal documents relating to the affairs of the city; to draw proposed ordinances when requested to do so; to inspect and pass on the legality and form of all agreements, contracts, franchises, and other instruments with which the city may be concerned; to attend meetings of the mayor and council; and to perform such other duties as may be required of him by virtue of his position as city attorney. Article 4 Administrative Officers Section 3.40City Clerk . The city manager shall appoint an officer who shall perform the duties of the city clerk and who shall keep a journal of the proceedings of the city council and maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the city manager may direct. Section 3.41Tax Collector . The city manager may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city, subject to the provisions of this charter and ordinances of the city, and the tax collector shall diligently comply with and enforce all ordinances of the City of LaGrange and applicable laws of Georgia relating to the collection and sale, foreclosure of taxes. Article 5 Personnel Administration Section 3.50Position Classification and Pay Plans . The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Said plans may apply to all employees of the City of LaGrange and to any of its agencies and offices. When a pay plan has been adopted, the mayor and council shall not increase or decrease the
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salaries of individual employees except by amendment of said pay plan. Section 3.51Personnel Policies . The mayor and council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan; (3) hours of work; vacation, sick leave, and other leaves of absence, overtime pay, retirement, and the manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of LaGrange. CHAPTER 4 FINANCE AND FISCAL Article 1 Taxation Section 4.10Property Taxes . All property subject to taxation for State or county purposes, assessed as of January 1 in each year shall be subject to the property tax levied by the city. The mayor and council by ordinance may elect to use the values established by the county tax assessors or may provide for an independent city assessment as provided by Georgia law. Section 4.11Listing, Assessing and Collection of Taxes . (a) The mayor and council shall have the authority to prescribe by ordinance the manner in which ad valorem taxes on real and personal property within the corporate limits of the City of LaGrange shall be listed, assessed and collected. (b) In the event an independent city assessment is made, a board of tax appeals consisting of three persons shall be appointed by the mayor and council for such terms and
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compensation as shall be fixed by ordinance. Said board of tax appeals shall hear appeals from any person dissatisfied with the action of the city tax assessor in preparing or revising a tax return. The mayor and council shall prescribe by ordinance the time and manner of filing such appeals and the payment of costs by appellant, the duties and powers of the board of tax appeals, and the rules and regulations under which said board shall carry out its responsibilities. (c) The board of tax appeals shall have authority to issue subpoenas, administer oaths, and compel the production of records and documents to the same extent as that authority is now vested in the Civil and Criminal Court of Troup County and the authority hereby conferred shall be enforced as similar authority is enforced by said court. (d) The board of tax appeals shall render a judgment in writing on the issue presented by such appeal, which judgment shall be rendered within one week of the time said appeal was tried. In the event there is a disagreement among the members of the board of tax appeals, the decision of two members of the board shall constitute a judgment of the board. The judgment shall be filed immediately with the city clerk who shall immediately mail a copy thereof to the property owner by certified U. S. mail with return receipt requested. (e) Either the mayor and council or the taxpayer shall have the right to appeal from any judgment rendered by the board of tax appeals to the Superior Court of Troup County, which said appeal shall be filed in the Superior Court within twenty (20) days after the rendition of the judgment of the board of tax appeals, shall be in the same form, and shall be governed by the same rules as govern appeals to the Superior Courts from the Court of Ordinary. (f) The authority and duties of the city tax assessor shall be as provided by ordinance of the mayor and council. The city tax assessor shall meet with and assist the board of tax appeals. The city tax assessor shall make a final return of the assessments made by him to the city manager at such times as the city manager shall prescribe.
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Section 4.12Tax Levy . The mayor and council shall be authorized to levy an ad valorem tax not to exceed 17.5 mills on all real and personal property within the corporate limits of the City of LaGrange for the purpose of raising revenue to pay the cost of public education, ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and Laws of the State of Georgia, but not including principal and interest on general obligation bonds. Section 4.13Tax Due Dates and Tax Bills . The mayor and council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes shall be paid. The mayor and council may provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the payment of taxes prior to the time when due. The terms and methods of payment and collection of city taxes shall be in such manner as the mayor and council may determine by ordinance. Section 4.14Collection of Delinquent Taxes . The mayor and council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor for the sale of goods and chattels to be executed by any police officer of the city under the 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 or county taxes, or by any of the foregoing methods, and by the use of any available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment day of the first day of January of each year, which shall be superior to all other liens except that it shall have equal dignity with those of the Federal, State or county taxes. Section 4.15Licenses and Occupational Taxes . The mayor and council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City of LaGrange, both individual and
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corporate, and on all those who transact or offer to transact business therein, or who practice or offers to practice any profession or calling therein, as the mayor and council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. Section 4.16Sewer Service Charges . The mayor and council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of LaGrange to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge 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. Section 4.17Sanitary and Health Service Charge . The mayor and council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the city, from all individuals, firms and corporations residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classifications of property and/or sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the
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same manner and under the same remedies as a lien for city property taxes. Section 4.18Special Assessments . The mayor and council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, draining, or improving any public way, sewers, or utility mains and appurtenances, against the abutting property owners, and to provide a method of payment of such assessments and penalties for non-payment, under such terms and conditions as may be prescribed by ordinance. 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 herein or by ordinance for city property taxes. Article 2 Borrowing Section 4.20General Obligation Bonds . The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter and the Constitution and laws of the State of Georgia. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. Section 4.21Revenue Bonds . Revenue bonds may be issued by the mayor and council as now or hereafter provided by the laws of the State of Georgia. Article 3 Accounting and Budgeting Section 4.30Fiscal Year . The fiscal year of the city government shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. Said fiscal year shall constitute the budget year and
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the year for financial accounting and reporting of each and every office, department or institution, agency and activity of the government, unless otherwise provided by State and Federal law. Section 4.31Preparation of Budgets . The mayor and council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating and a capital improvement budget. Section 4.32Scope of Annual Operating Budget . (a) The annual operating budget shall contain with respect to each of the operating funds of the government of the City of LaGrange to which they are applicable: (1) An estimate of the unencumbered fund balance or deficit at the beginning of the ensuing fiscal year, and the amount of any reserve for designated purposes or activities includable in the operating budget. (2) A reasonable estimate of revenues to be received during the ensuing year, classified according to source; provided, however, the estimated revenues from current and from delinquent property taxes shall not exceed the percentage collected of the total receivable from each such source during the last completed fiscal year, or the current fiscal year whichever is greater. (3) Proposed expenditures detailed by each department, board, commission, office, agency and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year, and including all debt service requirements in full for such fiscal year payable from such fund. (4) Work programs and performance data in justification of proposed expenditures for each department, board, commission, office or agency. (5) Such other information as may be considered necessary or desirable or requested by the mayor and council.
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(b) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus, or fund balance, and applicable reserves and less any estimated deficit at the end of the current fiscal year. Section 4.33Submission of Budget to Mayor and Council . On or before a date fixed by the mayor and council but not later than sixty (60) days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. A sufficient number of copies of the city manager's message shall be reproduced to furnish a copy to any person desiring one, and a copy of the budget in full shall be filed with the council and furnished to the mayor and each councilman. A summary of the budget shall be published in one or more daily newspapers of general circulation within the City of LaGrange. The operating budget and the capital improvements budget hereinafter provided for, the budget message and all supporting schedules shall be filed in the office of the city clerk and shall be open to public inspection. Section 4.34Action by Mayor and Council on Budget . (a) The mayor and council may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The mayor and council shall adopt the final operating budget for the ensuing fiscal year not later than the 15th day of June each year. If the mayor and council fail to adopt the budget by this date, the amounts appropriated
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for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the mayor and council adopt a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by source and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable, except as provided in section 4.36 of this charter. Section 4.35Property Tax Levies . As the next order of business following the adoption of the operating budget, the mayor and council shall levy by ordinance an annual tax on all real and personal property within the City of LaGrange which is subject to ad valorem tax. The tax rate set by such ordinance shall be such that reasonable estimate of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated. Section 4.36Additional Appropriations . The mayor and council may by ordinance make supplemental appropriations from revenues in excess of those estimated in the budget or make revisions in the operating budget at any regular or special meeting called for such purpose. Section 4.37Lapse of Appropriations . All unencumbered balances of appropriations in the current operating budget shall lapse at the end of the fiscal year. Section 4.38Capital Improvements Budget . (a) On or before a date fixed by the mayor and council but not later than sixty (60) days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council
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a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have power to accept with or without amendments or reject the proposed programs and proposed means of financing. (b) The mayor and council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the 15th day of June of each year. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by the mayor and council. Article 4 Procurement and Property Management Section 4.40Contracting Procedures . The mayor and council shall prescribe by ordinance such rules and regulations as may be necessary to govern the authorization and execution of contracts which shall bind the City of LaGrange. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him before authorization by the mayor and council. Except where otherwise provided by law or by ordinance of the council, all contracts of the city shall be signed by the mayor or mayor pro tem. or by some person designated by the mayor and council and shall be authenticated by the city clerk. Section 4.41Centralized Purchasing; Competitive Bidding . The mayor and council shall by ordinance set forth procedures for a system of centralized purchasing for the City of LaGrange. Section 4.42Sale and Disposition of Property . (a) The
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mayor and council are hereby authorized to sell and convey any real or personal property owned or held by the City of LaGrange for governmental or other purposes, except as otherwise limited by law; provided, however, no public utility owned or operated by the City of LaGrange shall be sold by the mayor and council unless such sale shall first be approved by a majority vote of the electors of the City of LaGrange voting in a special election called and held for that purpose. (b) The mayor and council may quit claim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the mayor and council may authorize the execution and deliverance in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding no public sale after advertisement was or is hereafter made. CHAPTER 5 MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Article 1 Municipal Services Section 5.10Streets . The mayor and council are hereby
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vested with the power to layout, open, widen, change, straighten, alter, improve, vacate, abandon, close and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of the City of LaGrange. The mayor and council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose. Section 5.11Municipal Utilities . The mayor and council shall have the power and authority to acquire, own, hold, lease, build, maintain and operate a system of waterworks, electric lights, sewerage and gas distribution; to establish rates and charge fees for services rendered to any of said systems; to finance any of said systems through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to contract to furnish the services of any said systems to consumers outside the corporate limits of the City of LaGrange. Section 5.12Sewers and Drains . The mayor and council shall be the power and authority to provide for the establishment, extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For those purposes the City of LaGrange is granted the power of eminent domain both within and without its corporate limits. The mayor and council may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into the same when such service is made available. They may cause said connections to be made when the owners refuse, and issue executions for the amount so expended, which execution shall be special liens on the property connected with said water and sewerage systems from the date of the order of connection. Section 5.13Right-of-way . The City of LaGrange shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains for waterworks and
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sewerage system purposes along the highways in the County of Troup without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and watershed, from which the water supply is taken, from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said city. Section 5.14Eminent Domain . The mayor and council are hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements or purposes inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under section 36-202 of the Code of Georgia, 1933, subject to such amendments as shall be enacted thereto or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia. Article 2 Regulatory Functions Section 5.20Power to Regulate and License . The mayor and council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of LaGrange, regardless whether or not the subject has an office or establishment within said city. The mayor and council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the
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State of Georgia. This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents. Section 5.21Franchises . The mayor and council shall have authority to exercise control over the use of streets of the City of LaGrange. The power is hereby conferred upon the mayor and council to grant franchises for the use of said city's streets and alleys, for the purposes of railroads, street railways, telephone and gas companies, electric companies, ambulance companies, taxicabs, community antenna television companies, and transportaion companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipe, lines or conduits both above and below the surface. The mayor and council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of twenty (20) years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the city clerk in the registration book to be kept by him. The mayor and council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 5.22Planning and Zoning . (a) The mayor and council of the City of LaGrange 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 purposes of regulating the location of trades, industries, apartment-houses, dwellings, or other uses of property; or for the purpose of regulating the height of buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or structures near street frontages. The zoning regulations may be based upon any one or more of
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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 of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry or 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 building; the public, quasi-public or private nature of the use of premises; upon any other bases or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. (b) The mayor and council of the City of LaGrange may by ordinance elect to use the powers and authority granted in the General Laws of Georgia and any amendments thereto (General Planning Enabling Act of 1957, Ga. L. 1957, p. 420, as amended) for the preparation and amendment of over-all plans for the orderly growth and development of said city; providing for the regulation of the sub-division of land; and for providing for the regulation of structures in mapped streets, public building sites, and public open spaces. Section 5.23Building, Electrical and Plumbing Regulations . The mayor and council shall have the power and authority to enact such reasonable rules and regulations as they may deem necessary or expedient regarding the construction of buildings, remodeling of buildings, plumbing, gas installation, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the mayor and council, be exercised by adoption of any such standard building, electrical, gas and plumbing codes as may be deemed appropriate. The mayor and council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees for inspection and permits; and may require the obtaining of a permit as a condition precedent to any construction, building,
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gas, electrical or plumbing work. The mayor and council may enact all ordinances necessary to enforce such rules and regulations. Section 5.24Abatement of Nuisance . The mayor and council are hereby empowered to define a nuisance in the City of LaGrange and to provide for its abatement. The recorder of the City of LaGrange shall have jurisdiction of all nuisance abatement proceedings therein. The mayor and council may provide by ordinance for any building, structure, or condition maintained in violation of any law of this state or any ordinance of the City of LaGrange, to be adjudged a nuisance and for its abatement at the owners expense upon his failure or refusal to abate the same within ten days after written notice from said city to do so. The mayor and council may by ordinance provide for the issuance of an execution for the expense of abatement which shall be a lien upon the property on which such nuisance existed. CHAPTER 6 ELECTIONS Section 6.01Regular Elections; Time for Holding . The regular election for mayor and councilmen, or councilmen, shall be held on the first Wednesday in December of each year. Officials elected at any regular election shall take office at the first regular meeting of the mayor and council of January next following such elections. Section 6.02Qualification of Electors . Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of LaGrange for a period of six months next preceding the election in which he desires to vote, shall be qualified to register as an elector in any city election held under this charter. Section 6.03Nomination of Candidates . Each candidate desiring to have his name placed on the ballot for the office of mayor or councilman to be voted on at any regular city or special election shall be nominated as follows:
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a. By a municipal primary election conducted by a political party duly registered with the city clerk of the City of LaGrange. Every primary election held for such purposes shall be presided over and conducted at the time and in the manner prescribed by the rules and regulations of the political party not inconsistent with the provisions of this charter; provided however, all such primaries shall be conducted in such manner as to guarantee secrecy of the ballot. The expenses of a municipal primary election shall be borne by the political party holding such primary. Any candidate for the office of mayor and councilman nominated at a municipal primary election shall himself or through his agent file notice of his candidacy in the office of the city clerk at least fifteen (15) days prior to the date of any regular or special municipal election provided for in this charter. Said notice shall be accompanied with a certificate of nomination of the candidate's political party stating that he is the duly qualified and nominated candidate of his party; or b. By nomination petitions signed by not less than five percent (5%) of the registered voters in the City of LaGrange, filed with the city clerk at least thirty (30) days prior to the date of any regular municipal election and fifteen (15) days prior to any special election. Such petitions shall be in the form and submitted in the manner as prescribed by ordinance of the mayor and council; and c. By designating the specific office to which he seeks election. Section 6.04Election Managers . a. The mayor and council shall appoint, at least thirty (30) days prior to every election three or more qualified electors of the City of LaGrange who shall be the election managers. One of said election managers shall be named as the election superintendent. The election managers shall be responsible for the proper conduct of the election, for preventing any fraud in connection therewith, for the proper counting of the ballots, and for certifying the results as prescribed herein. b. Prior to the opening of the polls, the election managers
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shall take the following oath in the presence of any judge, justice of the peace, or in the presence of each other: I (name) do solemnly affirm that I will fulfill the responsibility placed upon me as an election manager to the best of my ability, that I will uphold the law in connection therewith, and faithfully certify the results as prescribed by law. So help me God. Section 6.05Conduct of ElectionsNotice . The mayor and council shall give notice of every regular or special city election at least fifteen (15) days prior to said election by advertisement in one or more newspapers of general circulation in the city. The notice shall contain the time and place of holding the election, the offices to be filled and any other questions to be voted on. Section 6.06Time of ElectionsBallots . The polls shall be open from 7 o'clock a.m. to 7 o'clock p.m. All voting shall be by ballot. Section 6.07Place of Elections . The place for holding elections shall be prescribed by the mayor and council in the election notice. Section 6.08Voter Registration . The mayor and council shall prescribe by ordinance the rules and procedures for maintaining a system of permanent voter registration which shall govern registration for all elections held in the City of LaGrange, whether primary elections, special or regular elections. The mayor and council shall prescribe by ordinance the time for opening and closing of registration books, the manner for revision and purging of registration lists, and such other rules and regulations with reference to registering as deemed necessary and proper; provided, however, said registration books shall be closed fifteen (15) days immediately preceding each election held in said city whether the same be a primary election, special or general election, after which no one shall be allowed or permitted to register for such election, and not until after such election, when said books shall be reopened for the registration of voters. No persons shall be allowed to vote in any election
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held in said city unless he or she has registered prior to the closing of said books. Section 6.09Board of Registrars . The mayor and council may create a board of registrars if deemed desirable, and delegate to and place upon said board of registrars any and all of the duties herein imposed or they may place any and all of said duties upon any employees, official or officials of said city as they may designate. Section 6.10Challenge .Any candidate or duly authorized representative election manager, may challenge any voter and upon such challenge an election manager shall cause the challenged voter to take the following oath: I (name) do solemnly swear that I meet the requirements of an elector for members of the General Assembly of Georgia, that I have been a bona fide resident in the City of LaGrange for at least six months preceding this election, and that I have not previously voted in this election. So help me God. This oath shall be subscribed on the voters' list opposite the name of the challenged elector, and the word challenge and stub number for the ballot shall be entered thereon. Section 6.11Write-In Votes . No person elected on a write-in vote shall be eligible to hold the office of mayor or councilman unless notice of his intention of candidacy was given at least 5 days prior to the election by the person to be a write-in candidate. Said notice of intention to be a write-in candidate for the office of mayor or of councilman shall be served upon the city clerk of the City of LaGrange and published in one or more newspapers of general circulation within the City of LaGrange. Section 6.12Absentee Voting . The mayor and council shall by ordinance provide for rules, regulations and procedure to govern absentee voting in regular or special municipal elections held in the City of LaGrange. Section 6.13Counting the Ballots; Certifying Results . (a) The election managers shall immediately proceed to
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count the ballots when the polls are closed. When all votes have been recorded, said election managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet into the ballot box, together with the ballots, and seal the same, and shall forthwith deliver the same to the clerk of the superior court of Troup County, who shall retain them, unopened, for sixty (60) days. In the event a recount is demanded, the election managers in the presence of the clerk of the superior court of Troup County shall reopen the ballots and conduct such recount or take other action as deemed necessary to assure that no mistake or fraud has occurred. (b) Cases of contested elections shall be held and decided by the mayor and council. Any candidate who contests any election herein provided for shall file in writing a notice thereof with the city clerk within five (5) days after the results of said election have been certified by the election managers. Appeals from the decision of the mayor and council in cases of contested elections shall be to the superior court of Troup County as cases upon appeal from the court of ordinary. If there is no contest, at the end of sixty days the ballots shall be destroyed by the clerk of the superior court of Troup County. (c) The other tally sheets containing the results of the election and the other voters' list shall be signed and certified by the election managers who shall then publicly announce the results of such election and then shall seal said tally sheets and voters' lists in a container and deliver same immediately to the city clerk. The mayor shall at the next regular or special meeting of the council held prior to January first in the presence of the council, open the container and declare the results of such election, if no notice of contest has been given. The qualified candidate receiving a majority of the votes cast as certified by the election managers for any office shall be declared elected. Section 6.14Runoff Elections . A runoff election shall be held between the two candidates receiving the highest number of votes in a regular or special municipal election. Such runoff election shall be held on the third Wednesday
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in December and the results thereof certified in accordance with the provisions of section 6.13 of this charter. Section 6.15Rules . The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter as are deemed necessary for the conduct of elections. Section 6.16Special Elections; Vacancies . In the event that the office of mayor or of councilman shall become vacant for any cause whatsoever, the mayor and council, or those remaining, shall order a special election to fill the balance of the unexpired term of such office to be held not less than ten (10) nor more than thirty (30) days from the time such vacancy occurs; provided however, if such vacancy occurs within twelve (12) months of the expiration of the term of office of the mayor or councilman, said vacancy in office shall be filled by the remaining members of the council. Such special election and qualifications of candidates therefor shall be held in accordance with the procedure established by this charter for regular elections. CHAPTER 7 RECORDER'S COURT Section 7.01Creation . There is hereby established a court to be known as the Recorder's Court, City of LaGrange which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia, to subpoena witnesses, to punish witnesses for non-attendance, and to try all offenses occurring within the territorial limits of the City of LaGrange including traffic cases which under the laws of Georgia are now or hereafter placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times
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as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 7.02Recorder . (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-five (25) years, shall be a qualified voter in the City of LaGrange, and shall have resided therein at least one (1) year immediately preceding his appointment, and shall continue to reside therein during his term of office. At the first regular meeting in January of each year the mayor and council shall appoint the recorder who shall serve for a term of one (1) year and until his successor is appointed and qualified. The mayor and council shall also fill any vacancy or unexpired term in such office. The compensation of the recorder shall be fixed by the mayor and council. (b) Before entering on the duties of his office, the recorder shall take an oath before some officer duly authorized to administer oaths, that he will truly, honestly and faithfully 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 mayor and council. Section 7.03Jurisdiction . The recorder shall have power to impose fines for the violation of any law or ordinance of the City of LaGrange passed in accordance with this charter, to an amount not to exceed five hundred dollars ($500.00), to imprison offenders for a period of not more than six months, or at labor on the roads and streets or other public works of said city for not more than six months; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of two hundred fifty dollars ($250.00) or imprisonment not exceeding thirty (30) days or any combination of the two. He shall have the authority of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of LaGrange, which warrants may be executed by any police officer of said city, to hold
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committal hearings, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in said city. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of LaGrange. The recorder's court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders and police courts, and particularly such laws as authorize the abatement of nuisances. Section 7.04Right of Certiorari . The right of certiorari to the superior court from the recorder's court shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the State. Section 7.05Vacancy in Office . In the absence, sickness or disqualification of the recorder or vacancy in such office, a recorder pro tempore appointed by the mayor and council, the mayor, or any member of the council designated by the mayor may preside over the recorder's court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted to the recorder under this charter and the laws of the State of Georgia. The council is empowered to provide for the compensation of any such person appointed to preside over said court as herein provided. Section 7.06Court Costs . In all cases in the recorder's court of the City of LaGrange, the costs incurred and allowable therein shall be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State. Section 7.07Rules for Courts . With the approval of the mayor and council, the recorder shall have full power and authority to make rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, the rules of evidence applicable to the superior courts of this State shall apply in the recorder's court of the City of LaGrange.
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CHAPTER 8 EDUCATION Section 8.10Power to Maintain System of Public Schools . The mayor and council are hereby empowered to maintain the system of public schools, as established by law in the City of LaGrange. Section 8.11Board of Education; Election, Qualification . At the first regular meeting of the mayor and council each year, said mayor and council shall elect three members of the board of education to replace those members whose two year terms expire at that time. The term of office for members of the board shall be for two years, and until their successors are elected and qualified. All vacancies occurring in said board shall be filled by the mayor and council of said city, and such members so elected shall hold office for the balance of such unexpired term. The mayor of said city shall, by virtue of his office, be a member of the board of education. Said board shall constitute the board of education for the City of LaGrange, with the right in them and their successors to take and hold in trust for the City of LaGrange any grant or devise of lands, or any donation or bequest of money, or other personal property made to it for educational purposes, with the right to sue and be sued. The qualification of members of said board of education shall be the same as those provided in the charter for the mayor and council. Section 8.12Powers of Board . The board of education shall elect annually a superintendent, principals, and teachers for the public schools of LaGrange, shall adopt such rules and regulations as may be necessary for the successful conduct of said schools; approve selection of textbooks and books of reference to be used by the pupils; shall have general supervision and management of the schools; and shall do such other acts required by the laws of the State of Georgia and such other acts not inconsistent therewith as will promote the efficiency of the system of education under their charge. Section 8.13Organization of Board; Bond of Treasurer; Disbursement of Funds . The board shall organize by electing
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from their number a chairman and vice-chairman. The board of education shall appoint a secretary-treasurer who shall keep a record of all acts of the board, which record shall be open to the inspection of all citizens of said city. He shall give such bond for the safe-keeping and disbursement of the funds placed in his charge as said board may determine, the amount of bond and the sufficiency of the security to be judge by the same board of education. Said bond shall be made payable to the board of education, and said board is authorized to sue thereon to recover any breach thereof. A majority of said board shall constitute a quorum for the transaction of business. Section 8.14Matriculation Fee . The board herein provided for shall establish such schools as may be necessary for the education of the children of the City of LaGrange. These schools shall be free to all children residing within the corporate limits of said City of LaGrange. Children of non-residents may be admitted to the schools on such terms as may be prescribed by the board. Section 8.15Contracts . It shall be lawful for the LaGrange Board of Education to make contracts with any other board of education to exchange pupils; to pay such board or boards of education out of that portion of the school funds of the State of Georgia allocated to such board or boards by the State of Georgia. Section 8.16Funds . The funds necessary for the operation of and capital improvements to the system of schools herein provided for shall be raised as follows: The board of education of said city shall, annually, make an estimate of the funds necessary to be raised that year for the support of the public schools, and submit this estimate to the mayor and council of said city for approval. Upon approval by the mayor and council, it shall be the duty of the mayor and council to provide the approved amount from property taxes for the current year or from any other source of revenue available for said educational purposes. The net sum appropriated by this provision shall be turned over to the treasurer of said board for the support of the schools.
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Section 8.17Report to State Board of Education . The board of education of the City of LaGrange shall prepare and furnish all reports required by the laws of Georgia and/or the State Department of Education. Section 8.18Receipt of Funds by the Board . The LaGrange Board of Education is authorized to receive funds for educational purposes from any sources and to use the same for educational purposes. Section 8.19Compensation of Board . The members of the board of education shall receive such compensation, if any, as may be determined by the mayor and council of said city. CHAPTER 9 MISCELLANEOUS PROVISIONS Section 9.10Initial Election of Mayor and Council . The mayor and members of council in office on the date of adoption of this Act shall serve out the term for which they were elected. At the next regular municipal election to be held in the City of LaGrange in 1968, there shall be elected three members of council for terms of three years. At the regular municipal election to be held in the City of LaGrange in 1969, there shall be elected a mayor and three members of council for terms of four years. Thereafter the mayor and council shall be elected for terms of four years as herein provided. Section 9.11Official Bonds . The officers and employees of the City of LaGrange, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the mayor and council may from time to time require. Section 9.12Amending Charter . Except in the particulars hereinbefore specifically provided for, the terms and provisions of this charter may be hereinafter modified, rescinded, changed, or amended by:
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(a) The General Assembly of Georgia: (b) Any procedure authorized by the laws of Georgia as the same may now or hereafter exist. Section 9.13Existing Ordinances and Regulations . Existing ordinances and resolutions of the City of LaGrange not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended by the mayor and council. Existing rules and regulations of departments or agencies of the City of LaGrange not inconsistent with the provisions of this charter shall continue into effect until they have been repealed, modified or amended. Section 9.14General Laws May Be Used . The mayor and council, in its discretion, may elect to use the provision of any general laws of the State in addition to or instead of the provision of this charter. Section 9.15Section Captions . The captions to the several sections of this charter are informative only and are not to be considered as a part thereof. Section 9.16Severability . If any article, section, subsection, paragraph, sentence or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, 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 charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 9.17Effective Date . This Charter shall be effective on and after January 1, 1969. Section 9.18Repealer . All laws and parts of laws in conflict with this Act are hereby repealed.
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APPENDIX ONE BOUNDARIES OF THE CITY OF LAGRANGE, GEORGIA (a) The boundaries of the City of LaGrange shall be as follows: Starting at a point, said point being the southwest corner of land lot 75 of the sixth land district of Troup County, Georgia, and having coordinates of N 1,111,623.16 - E 244,858.43 based on the Plane Coordinate System of Georgia; running thence S 89 08' 44 E along the southern boundary of land lot 75 for a distance of 1443.18 feet to a point; running thence N 0 56' 12 W for a distance of 1077.39 feet to a point, said point being on the northern boundary of the right-of-way of U. S. Highway #29 (State Route #14); running thence S 87 18' 25 W and along the northern boundary of the right-of-way of U. S. Highway #29 for a distance of 154.19 feet to a point of curvature; running thence along the arc of a curve forming the northern boundary of U.S. Highway #29, said curve having a radius of 1307.07 feet and a central angle of 33 07' 27, for a distance of 755.33 feet to a point of tangency; running thence S 54 10' 58 W along the northern boundary of U. S. Highway #29 a distance of 1014.06 feet to a point of curvature; running thence along the arc of a curve forming the northern boundary of U. S. Highway #29, said curve having a radius of 1840.56 feet and a central angle of 16 56' 16, for a distance of 544.05 feet to a point of tangency; running thence S 71 07' 14 W along the northern boundary of U. S. Highway #29 to a point, said point being at the intersection of the northern boundary of U. S. Highway #29 and the arc of a circle having a radius of two miles, the center point of such circle having coordinates at N 1,106,451.00 - E 234,921.00, and located in the center of the Court Square, and being hereinafter referred to as the two mile circle; running thence in a northwesterly direction and along the arc of the two mile circle to a point at the intersection of said circle and the eastern boundary of the right-of-way of Young's Mill Road; running thence in a northerly direction along the eastern boundary of the right-of-way of Young's Mill Road to a point, said point being at the point of intersection of the eastern boundary of Young's Mill Road with
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the extension of a line lying parallel to and 200 feet north of the northern boundary of Jabaley Street; running thence in a westerly direction along the extension of a line parallel to and 200 feet north of the northern boundary of Jabaley Street across Young's Mill Road and continuing in a westerly direction along said line to a point on said line 500 feet west of the western boundary of Young's Mill Road right-of-way; running thence in a southerly direction and parallel to the westerly boundary of Young's Mill Road for a distance of 200 feet to a point, said point being on the northern boundary of the right-of-way of Jabaley Street; running thence in a westerly direction and along the northern boundary of Jabaley Street to the point of intersection of the northern boundary of Jabaley Street and the arc of the two mile circle hereinbefore described; running thence in a northwesterly, westerly and southwesterly direction along the arc of the two mile circle to the point of intersection of said circle and the eastern boundary of the right-of-way of Country Club Drive, said point lying in land lot 50 of the sixth land district; running thence in a northerly, westerly, southwesterly and southerly direction along the northern and western boundary of the right-of-way of Country Club Drive to a point, said point being at the intersection of the western boundary of the right-of-way of Country Club Drive extended to the southern boundary of the right-of-way of Country Club Road; running thence in a southeasterly direction along the southern boundary of the right-of-way of Country Club Road to the intersection of said southern boundary of Country Club Road and the arc of the two mile circle hereinbefore described, said point being in land lot 80 of the sixth land district; running thence in a southwesterly and southerly direction and along the arc of the two mile circle to a point, said point being at the intersection of the arc of the two mile circle and the southern boundary of the right-of-way of U. S. Highway #29 and said point being in land lot 113 of the sixth land district; running thence N 73 19' 40 W and along the southern boundary of U. S. Highway #29 to a point, said point being at the intersection of the southern boundary of U. S. Highway #29 and the southern boundary of the Seaboard Coast Line Railroad; running thence N 73 19' 40 W and along
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the southern boundary of U. S. Highway #29 for a distance of 142.60 feet to a point of curvature; running thence along the arc of a curve forming the southern boundary of the right-of-way of U. S. Highway #29, said curve having a radius of 606.79 feet and a central angle of 4 09' 20, for a distance of 44.01 feet to a point, said point having coordinates of N 1,103,565.20 - E 224,453.26 based on the Plane Coordinate System of Georgia; running thence S 7 27' 20 W for a distance of 67.69 feet to a point, running thence S 78 38' 15 E for a distance of 14.00 feet to a point; running thence S 13 27' 50 E for a distance of 103.64 feet to a point; running thence S 77 49' 49 W for a distance of 100.00 feet to a point, said point being on the eastern boundary of the right-of-way of Kight Drive; running thence S 12 02' 58 E and along the eastern boundary of Kight Drive for a distance of 100.00 feet to a point; running thence N 79 07' 55 E for a distance of 237.00 feet to a point; running thence S 11 33' 55 E for a distance of 100.00 feet to a point, said point having coordinates of N 1,103,222.69 - E 224,659.85 based on the Plane Coordinate System of Georgia; running thence N 79 07' 55 E to the point of intersection with the arc of the two mile circle hereinbefore described; running thence in a southeasterly direction and along the arc of the two mile circle to a point, said point being at the intersection of the arc of the two mile circle and the western boundary of the right-of-way of Grady Street; running thence in a southerly direction and along the western boundary of Grady Street to a point, said point being at the intersection of the western boundary of Grady Street and the southern boundary of the right-of-way of Boatwright Street as platted; running thence in a northeasterly direction and along the southern boundary of Boatwright Street and the southern boundary of Boatwright Street extended to the point of intersection of the southern boundary of Boatwright Street extended and the arc of the two mile circle hereinbefore described; running thence in a southeasterly direction and along the arc of the two mile circle for a distance of 1197.00 feet to a point; running thence S 8 00' 00 W for a distance of 700.00 feet to a point; running thence east for a distance of 655.00 feet to a point; running thence south to a point, said point being on the southern
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boundary of land lot 146 of the sixth land district; running thence in an easterly direction and along the southern boundary of land lot 146 and 147 to a point, said point being at the intersection of the southern boundary of land lot 147 and the western boundary of the right-of-way of the Atlanta and West Point Railroad; running thence in a northeasterly direction and along the western boundary of the right-of-way of the Atlanta and Western Railroad to a point said point being at the intersection of the western boundary of the right-of-way of Atlanta and West Point Railroad and the arc of the two mile circle hereinbefore described, and being in land lot 147 of the sixth land district; running thence along the arc of the two mile circle in a southeasterly, easterly and northeasterly direction to a point, said point being at the intersection of the arc of the two mile circle and the western boundary of the right-of-way of U. S. Highway #27 (State Route #1); running thence in a southeasterly direction and along the western boundary of U. S. Highway #27 to a point, said point being at the intersection of the western boundary of U. S. Highway #27 and the extension of a line running N 88 48' 44 W across U. S. Highway #27 from a point in the eastern boundary of the right-of-way of U. S. Highway #27 having coordinates of N 1,095,734.66 - E 238,957.38, based on the Plane Coordinate System of Georgia; running thence S. 88 48' 44 E, across the right-of-way of U. S. Highway #27 to a point, said point having coordinates of N. 1,095,734.66 - E 238-957.38 based on the Plane Coordinate System of Georgia, and being on the eastern boundary of U. S. Highway #27; running thence S 88 48' 44 E for a distance of 2594.50 feet to a point, said point having coordinates of N 1,095,680.89 - E 241,551.28 and being on the eastern boundary of land lot 171 of the sixth land district; running thence N 1 38' 42 E and along the eastern boundary of land lots 171 and 150 of the sixth land district for a distance of 2602.54 feet to a point, said point being at the intersection of the eastern boundary of land lot 150 of the sixth land district and the arc of the two mile circle hereinbefore described; running thence in a northeasterly direction and along the arc of the two mile circle to a point, said point having coordinates of N 1,104,037.78 - E 245,
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201.68 and being in land lot 120 of the sixth land district; running thence N 86 53' 40 E for a distance of 527.13 feet to a point, running thence N 7 43' 20 W for a distance of 300.00 feet to a point; running thence N 7 31' 20 W for a distance of 531.95 feet to a point; running thence N 0 10' 20 W for a distance of 472.37 feet to a point; running thence S 89 29' 40 W to a point of intersection of the arc of the two mile circle hereinbefore described; running thence in a northerly and northwesterly direction and along the arc of the two mile circle to a point, said point having coordinates of N 1, 110,103.82 - E 244,829.11; running thence S 89 08' 44 E for a distance of 23.32 feet to a point; running thence N 0 13' 34 E for a distance of 1519.69 feet to a point, said point being the point of beginning. The current boundaries of the City of LaGrange, at all times, shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be, Map (or Description) of the Corporate Limits of the City of LaGrange, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the city manager. Photographic, typed or other copies of such map or description, certified by the city clerk, shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description. (b) The council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. 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, the 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
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in said newspaper on the dates of January 5, January 12, and January 19, 1968. /s/ Glenn O. Long Publisher. Sworn to and subscribed before me, this the 14th day of February, 1968. /s/ Sue K. Whatley Notary Public, Troup County, Georgia. My Commission expires March 6, 1968. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1968 Session of the General Assembly of Georgia a bill creating a new charter for the City of LaGrange, and for other purposes. This the 5th day of January, 1968. Mayor and Council of the City of LaGrange. By: /s/ James R. Lewis, City Attorney Approved March 8, 1968. WALKER COUNTY BOARD OF EDUCATIONREFERENDUM. No. 696 (House Bill No. 1543). An Act to provide for the election of the members of the board of education of Walker County; to provide for education districts; to provide the manner of electing members of said board; to provide for the terms of office of the members of said board; to provide for the qualifications
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and compensation of the members of said board; to provide for filling vacancies; to provide for the election of a chairman and other officers of the board by the members; to provide for the appointment of the county school superintendent by said board to serve at the pleasure of said board; to provide for the qualifications and compensation of said superintendent; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The board of education of Walker County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Walker County, said county shall be divided into five (5) education districts as follows: Created, districts, members. Education District No. 1 shall be composed of the following Militia Districts: Cedar Grove (1808); Chickamauga (1818), excluding that area of said District lying within the corporate limits of the City of Chickamauga; Dougherty (1800); Fairyland (1851); Kensington (1809); Mountain (1161); and Pond Springs (881). Education District No. 2 shall be composed of the Rossville (1812) and Fairview (1893) Militia Districts. Education District No. 3 shall be composed of the Chattanooga Valley (1501) and Wallaceville (1898) Militia Districts. Education District No. 4 shall be composed of the following Militia Districts: Cane Creek (960); Chestnut Flat (869); East Armuchee (953); West Armuchee (1053); and Peavine (944). Education District No. 5 shall be composed of the Lafayette (871) and Wilson (943) Militia Districts. (b) One member of the board shall be elected from each of the education districts and each member shall be resident
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of the district from which elected and shall be elected only by the qualified voters of Walker County residing within each of the respective districts. Section 2. (a) The first member from education district No. 1 shall be elected at the November general election held in 1968 to take office on January 1, 1969, for a term of four years and until his successor is elected and qualified. The first member from education district No. 1 shall be the successor to the present member of the board of education of Walker County whose term expires in August, 1968, and the term of said member is hereby extended until December 31, 1968. Terms, etc. (b) The first members from education districts Nos. 2, and 3 shall be elected at the November general election held in 1970 to take office on January 1, 1971, for terms of four years and until their successors are elected and qualified. The first member from education district No. 2 shall be the successor to the present member of the board of education of Walker County whose term expires in August, 1969, and the term of said member is hereby extended until December 31, 1970. The first member from education district No. 3 shall be the successor to the present member of the board of education of Walker County whose term expires August, 1970, and the term of said member is hereby extended until December 31, 1970. (c) The first members from education districts Nos. 4 and 5 and the successor to the first member elected from Education District 1, as provided in subsection (a) of this section, shall be elected at the November general election held in 1972 to take office on January 1, 1973, for terms of four years and until their successors are elected and qualified. The first member from education district No. 4 shall be the successor to the present member of the board of education of Walker County whose term expires in August, 1971, and the term of said member is hereby shortened to December 31, 1970. The first member from education district No. 5 shall be the successor to the present member of the board of education of Walker County whose term expires in August, 1972, and the term of said member is hereby extended until December 31, 1972.
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(d) Successors to the members of the board of education of Walker County elected in accordance with subsections (a), (b) and (c) of this section shall be elected at the November general election immediately preceding the expiration of their respective terms to take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 3. To be eligible to serve as a member of the board of education of Walker County, a candidate must be at least 21 years of age and a qualified and registered voter of Walker County entitled to vote for members of the General Assembly of Georgia. To be elected as a member of the board, a candidate must receive a majority of the total votes cast. Qualifications, elections. Section 4. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of its members as chairman and such other officers as said board shall deem necessary or desirable. Three members of the board shall constitute a quorum for the transaction of any business which may come before the board. All members of the board shall receive the compensation provided by law for members of county boards of education, and in addition thereto, shall be reimbursed for travel expenses at the prevailing rate of other state employees for all travel incurred in the performance of their official duties. Chairman, quorum, compensation. Section 5. Vacancies on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor, who shall be a resident of the education district from which the vacancy occurs, to serve until the next general election, at which time a successor shall be elected by the voters of the education district in which the vacancy occurs to serve the unexpired term. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor, who shall be a resident of the education district in which the vacancy occurred, to serve out the unexpired term of office. The Walker County board of education created by this Act shall be the
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successor to all the rights, powers, duties and obligations of the previous Walker County board of education and shall be subject to all constitutional and statutory provisions relating to county boards of education except as otherwise provided herein. Intent. Section 6. The county school superintendent of Walker County holding office at the time this Act becomes effective whose term of office would ordinarily expire on December 31, 1968 shall continue to serve until the Walker County board of education created herein appoints a successor to said superintendent at the first meeting of the board held in January, 1969. There shall be no election for county school superintendent of Walker County at the November general election held in 1968. The board of education of Walker County shall appoint the county school superintendent who shall serve legal terms in office at the pleasure of the board. The board shall fix the compensation of the superintendent, and the person appointed as superintendent shall possess the qualifications prescribed by the laws of this State for county school superintendents. It shall not be necessary for the person appointed as county school superintendent of Walker County to be a resident of said county. Superintendent. Section 7. Not less than 30 nor more than 60 days after the date of 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 residing without the corporate limits of the City of Chickamauga for approval or rejection. The ordinary shall set the date of such election for not less than 15 nor more than 30 days after the issuance of the call for said election. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Walker County. The ballot shall have written or printed thereon the words:
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For approval of the Act providing for the election of the members of the Board of Education of Walker County and for the appointment of the County School Superintendent of Walker County by the Board of Education of Walker County. Against approval of the Act providing for the election of the members of the Board of Education of Walker County and for the appointment of the County School Superintendent of Walker County by the Board of Education of Walker 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 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 special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1968 regular session of the General Assembly of Georgia a bill to provide for the division of Walker County into school districts and for the election of members of the Walker County board of education from such districts; to provide for their terms of office and qualifications; to provide for the election of the Walker County school superintendent by the county board of education; to provide for a referendum; to provide for all necessary procedure connected
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therewith; to repeal existing laws; to provide an effective date; and for other purposes. This 29th day of January, 1968. William J. Crowe Representative District 1, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Crowe who, on oath, deposes and says that he is Representative from the 1st District, 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 Walker County, on the following dates: January 31, February 7, and 14, 1968. /s/ William J. Crowe Representative, 1st District Sworn to and subscribed before me this 26 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 8, 1968. BERRIEN COUNTYCOMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 702 (Senate Bill No. 394). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Berrien, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended,
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so as to change the number of commissioners; to provide for the numbering of positions on the board; to provide for commissioner districts; to provide for qualifications for members of the board; to provide for an administrative assistant to the board; to provide for the election of commissioners; to provide for meetings of the board; to provide for the compensation of 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 the County of Berrien, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, is hereby amended by striking in their entirety sections 1 and 1A, and substituting in lieu thereof the following: Be it enacted by the General Assembly of Georgia: Section 1. (a) The board of commissioners of roads and revenues of Berrien County shall be composed of seven members, to be elected as hereinafter provided. For the purposes of electing candidates to the board, positions on the board shall be numbered 1 through 7, respectively. Members. (b) For the purposes of electing members of the board of commissioners of roads and revenues of Berrien County, Berrien County is hereby divided into six commissioner districts as follows: Commissioner District No. 1 shall be composed of all of that portion of Berrien County lying within Georgia Militia Districts Nos. 1427 (New River) and 1819 (Jordon). Commissioner districts. Commissioner District No. 2 shall be composed of all that territory embraced within Georgia Militia Districts Nos. 1148 (Upper Tenth) and 1767 (Lower Tenth). Commissioner District No. 3 shall be composed of all that territory embraced within Georgia Militia Districts Nos. 1329 (Lois) and 1144 (Rays Mill).
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Commissioner District No. 4 shall be composed of all that territory embraced within Georgia Militia District No. 518 (Alapaha). Commissioner District No. 5 shall be composed of all that territory embraced within Georgia Militia District No. 1157 (Nashville). Commissioner District No. 6 shall be composed of all that territory embraced within Georgia Militia District No. 1642 (Enigma). (c) At the time of their qualification, candidates shall designate by number that post on the board which they desire to offer as candidates for election. In order to be eligible to offer for election to the board of Posts 1 through 6, a candidate must be a resident of the commissioner district corresponding to the post number for which he offers as a candidate. Post No. 7 shall be the chairman of the board of commissioners of roads and revenues of Berrien County, and a candidate offering for election to such post may reside anywhere within Berrien County. Members of the board shall be elected by all of the electors of Berrien County. The board of commissioners of roads and revenues of Berrien County shall employ an administrative assistant to the board. The administrative assistant shall serve at the pleasure of the board and the board may delegate to him such responsibilities, powers and duties as they shall deem appropriate. The board shall fix the compensation to be received by said assistant. Qualifications of candidates, etc. (d) The first election for the members of the board of commissioners of roads and revenues of Berrien County under the provisions of this Act shall be conducted in the general election to be held in 1968. Candidates elected to Posts 1, 2 and 6 shall take office on the first day of January following their election and shall serve for a term of office of two years and until their successors are duly elected and qualified. Candidates elected to the remaining posts shall take office on said date and serve for a term of office of four years and until their successors are duly elected and qualified. Successors to the initial members of the board
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shall be elected in the general election in which their term of office shall expire, take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Elections, terms. Section 1A. The board shall meet at least once a month at such times as the board shall provide. The chairman may call the board into extraordinary session when the business of the county shall require. Any four members of the board may also call the board into special session when necessary. The members of the board shall receive the sum of $25.00 per day for each meeting of the board actually attended, not to exceed the sum of $100.00 per month, for members of the board other than the chairman and not to exceed $150.00 per month for the chairman. All matters involving an expenditure of county funds must receive a favorable vote of at least four members of the board. Meetings, etc. Section 2. It shall be the duty of the ordinary of Berrien County to issue the call for an election for the purpose of submitting this Act to the voters of Berrien County for approval or rejection. The ordinary shall set the date of such election for the 26th day of March, 1968. 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 Berrien County. The ballot shall have written or printed thereon the words: For approval of the Act increasing the number of members of the board of commissioners of roads and revenues of Berrien County and providing for their election; and providing for the employment of an administrative assistant to the board. Against approval of the Act increasing the number of members of the board of commissioners of roads and revenues of Berrien County and providing for their election; and providing for the employment of an administrative assistant to the board. Referendum.
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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 Berrien 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 special 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. Approved March 11, 1968. CHATHAM COUNTYCOMMISSIONER DISTRICTS, ETC. No. 703 (Senate Bill No. 410). An Act to amend an Act entitled An Act to create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes., approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved December 3, 1888 (Ga. L. 1888, p. 277), an Act approved November 22, 1892 (Ga. L. 1892, p. 230), an Act approved December 23, 1896 (Ga. L. 1896, p. 274), an Act approved December 19, 1900 (Ga. L. 1900, p. 162), and an Act approved February 9, 1949 (Ga. L. 1949, p. 398), so as to change the number of commissioners; to provide for commissioner districts; to provide for residency qualifications for commissioners; to provide for terms of office of the commissioners; to provide for the method of the selection of the chairman; to provide for
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the filling of vacancies which occur in the office of commissioners; to change the compensation of the commissioners; to provide for the commissioners acting as a committee of the whole; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes., approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved December 3, 1888 (Ga. L. 1888, p. 277), an Act approved November 22, 1892 (Ga. L. 1892, p. 230), an Act approved December 23, 1896 (Ga. L. 1896, p. 274), an Act approved December 19, 1900 (Ga. L. 1900, p. 162), and an Act approved February 9, 1949 (Ga. L. 1949, p. 398), 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. (a) The governing authority of Chatham County shall consist of eight commissioners of Chatham County and ex officio judges who shall be elected as hereinafter provided. Commissioners. (b) For the purposes of electing commissioners of Chatham County and ex officio judges, Chatham County is hereby divided into eight commissioner districts to be composed as follows: Commissioner District No. 1 shall be composed of all that territory contained within the following boundaries: Commission districts. Begin at a point at the intersection of the Savannah and Ogeechee Canal with the line dividing Chatham County from Bryan County and run thence in a counterclockwise direction along the meandering of the Chatham Bryan line and the southern and eastern boundary lines of Chatham County to its point of intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection
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with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence westwardly along the centerline of Stephenson Avenue to the western line of White Bluff Road at the city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway I-16 at its intersection with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline of I-16 to the point of its intersection with the Savannah and Ogeechee Canal; thence southwestwardly along the meanderings of said canal to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Commissioner District No. 2 shall be composed of all that territory contained within the following boundaries: Begin at the point of intersection of the northern projection of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Broad Street to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the centerline of Hartridge Street; thence eastward along the centerline of Hartridge Street and the eastern projection thereof to the centerline of Bilbo Canal; thence northwardly along the centerline of the meanderings of the
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Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Commissioner District No. 3 shall be composed of all that territory contained within the following boundaries: Begin at the point of intersection of the centerline of Victory Drive and the centerline of Waters Avenue and run westwardly along the centerline of Victory Drive to the centerline of Hopkins Street; thence southwardly along the centerline of Hopkins Street to the centerline of 52nd Street; thence eastwardly along the centerline of 52nd Street to the city limits line of the City of Savannah; thence counterclockwise southwestwardly, eastwardly, northwardly and again eastwardly along the city limits line of the City of Savannah to the western line of White Bluff Road; thence northwardly along the western line of White Bluff Road to the centerline of Janet Drive; thence eastwardly along the centerlines of Janet Drive and its eastern projection and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivisions to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Commissioner District No. 4 shall be composed of all that territory contained within the following boundaries: Begin at the point of intersection of the centerline of Gwinnett Street and the centerline of Pennsylvania Avenue and run eastwardly along the centerline of Gwinnett Street to the city limits line of the City of Savannah as it existed on January 1, 1968; thence southwardly in a clockwise direction along the city limits to the centerline of Victory Drive; thence westwardly along the centerline of Victory
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Drive to the centerline of Skidaway Road; thence southwardly along the centerline of Skidaway Road to the centerline of DeRenne Avenue; thence westwardly along the centerline of DeRenne Avenue to the centerline of the Casey Canal; thence southwardly along the meanderings of the Casey Canal to the centerline of Bacon Park Drive; thence eastwardly along the centerline of Bacon Park Drive to the centerline of Lovett Drive; thence southwardly along the centerline of Lovett Drive and its southern projection to the centerline of Thomas Avenue; thence southwardly along the centerline of Thomas Avenue to the centerline of Intermediate Road; thence westwardly along the centerline of Intermediate Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence westwardly along the centerline of Stephenson Avenue to the centerline of White Bluff Road; thence northwardly along the centerline of White Bluff Road to the centerline of Janet Drive; thence eastwardly along the centerline of Janet Drive and its eastern extension and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivisions to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of 32nd Street; thence eastwardly along the centerline of 32nd Street to the centerline of Bee Road; thence northwardly along the centerline of Bee Road to the centerline of Duffy Street; thence eastwardly along the centerline of Duffy Street to the centerline of Skidaway Road; thence southeastwardly along the centerline of Skidaway Road to the centerline of Pennsylvania Avenue; thence northwardly along the centerline of Pennsylvania Avenue to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Commissioner District No. 5 shall be composed of all that territory contained within the following boundaries: Begin at the point of intersection of the centerline of Price Street and the centerline of Hartridge Street and run eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of the Bilbo
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Canal; thence northwardly along the meanderings of the Bilbo Canal to the centerline of President Street Extension; thence eastwardly along the centerline of President Street Extension to the centerline of Nevada Avenue; thence southwardly along the centerline of Nevada Avenue to the centerline of Liberty Street; thence eastwardly along the centerline of Liberty Street to the centerline of Jones Street; thence southwardly along the centerline of Jones Street to the centerline of Hayward Court; thence eastwardly along the centerline of Hayward Court and the eastern projection thereof to the city limits line of the City of Savannah; thence southwardly along the city limits line of the City of Savannah to the centerline of Gwinnett Street; thence westwardly along the centerline of Gwinnett Street to the centerline of Pennsylvania Avenue; thence southwardly along the centerline of Pennsylvania Avenue to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Duffy Street; thence westwardly along the centerline of Duffy Street to the centerline of Bee Road; thence southwardly along the centerline of Bee Road to the centerline of 32nd Street; thence westwardly along the centerline of 32nd Street to the centerline of Waters Avenue; thence southwardly along the centerline of Waters Avenue to the cenerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Commissioner District No. 6 shall be composed of all that territory contained within the following boundaries: Begin at a point at the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence eastwardly along the meanderings of the Georgia-South Carolina line and the northern and eastern boundary lines of Chatham County to its point
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of intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Intermediate Road; thence eastwardly along the centerline of Intermediate Road to the centerline of Thomas Avenue; thence northwardly along the centerline of Thomas Avenue to the southern projection of the centerline of Lovett Drive; thence northwardly along the southern projection of the centerline of Lovett Drive and the centerline of Lovett Drive to the centerline of Bacon Park Drive; thence westwardly along the centerline of Bacon Park Drive to the centerline of the Casey Canal; thence northwardly along the meanderings of the Casey Canal to the centerline of DeRenne Avenue; thence eastwardly along the centerline of DeRenne Avenue to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the city limits line of the City of Savannah; thence northwardly in a counterclockwise direction along the city limits line to the centerline of the eastern projection of Hayward Court; thence westwardly along the eastern projection of the centerline of Hayward Court and the centerline of Hayward Court to the centerline of Jones Street; thence northwardly along the centerline of Jones Street to the centerline of Liberty Street; thence westwardly along the centerline of Liberty Street to the centerline of Nevada Street; thence northwardly along the centerline of Nevada Street to the centerline of President
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Street Extension; thence westwardly along the centerline of President Street Extension to the centerline of the Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Commissioner District No. 7 shall be composed of all that territory contained within the following boundaries: Begin at the intersection of the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence westwardly and northwardly along the meanderings of the Georgia-South Carolina line to its point of intersection with the line dividing Chatham County from Effingham County; thence southwardly along the Chatham-Effingham line to the point of intersection of the dividing lines of Chatham, Bryan and Effingham Counties; thence along the meanderings of the Chatham-Bryan line to its intersection with the Savannah and Ogeechee Canal; thence northeastwardly along the meanderings of said canal to the centerline of Interstate Highway I-16; thence eastwardly along the centerline of I-16 to the centerline of the Seaboard Coastline Railroad mainline; thence northwestwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the SO Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of McIntyre Street; thence northwardly along the centerline of McIntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen
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Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah, thence along the city limits line of the City of Savannah in a northerly and clockwise direction across the Savannah River and on Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Commissioner District No. 8 shall be composed of all that territory contained within the following boundaries: Begin at the point of intersection of the northern projection of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Broad Street to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the western city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway I-16 at its intersection with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline of I-16 to the centerline of the Seaboard Coastline Railroad mainline; thence northwestwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the SO Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of McIntyre Street; thence northwardly along the centerline of McIntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah; thence along the city limits line of the City of Savannah in a northerly and clockwise direction across the Savannah River and on
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Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. (c) There shall be elected from each commissioner district, one commissioner of Chatham County and ex officio judge, who shall be elected by the majority vote of the voters of his respective commissioner district. In order to be eligible to offer for election for such office, a candidate must have resided in the commissioner district from which he offers as a candidate for at least 90 days prior to the general election of 1968 and for at least 1 year prior to the date of all subsequent general elections in which he offers; and a candidate must have attained the age of 25 years prior to such election date. Elections. (d) Candidates elected to office shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. At the first meeting of the commission conducted in January, 1969, and at the first meeting in January each four years thereafter, the members of the commission shall elect from among themselves a chairman who shall serve as chairman of the commission. Any member of the commission shall be eligible to succeed himself as chairman. Terms. (e) Any vacancy which occurs in the office of the commissioners of Chatham County and ex officio judges thereof thirty-one days or more prior to the qualifying date of the first general election held following the beginning of such commissioner's term of office, whether such vacancy results from death, resignation, disability or otherwise, shall be filled within thirty days from the date of such vacancy by the remaining commissioners who shall select a successor, who shall have the same qualifications as prescribed in subsection (c), to serve until his successor is duly elected and qualified by the voters of Chatham County at the first general election held following the beginning of the term of office. The successor so elected to fill such vacancy shall serve out the unexpired term of that office. Said election shall be conducted and held in the same manner in which
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commissioners of Chatham County and ex officio judges are regularly elected to office and candidates offering for election must possess the necessary qualifications as set forth in Subsection (c). In the event a vacancy shall occur in the office of the commissioners of Chatham County and ex officio judges after the qualifying date of the first general election held following the beginning of the commissioner's term of office, or within thirty days of such qualifying date, whether such vacancy results from death, resignation, disability or otherwise, the vacancy shall be filled within thirty days from the date of such vacancy by the remaining commissioners who shall select a successor to serve out the remainder of the unexpired term of office in which the vacancy occurs and until his successor is duly elected and qualified. Should a vacancy occur in the office of the chairman of the commissioners, by the chairman's death, resignation from the board, disability or otherwise, the vacancy shall be filled as provided above. After such vacancy is filled, then the remaining members of the commission shall elect from among themselves a chairman who shall serve as chairman of the commission. In the event a commissioner moves his residence from his district, a vacancy shall exist from such district, and shall be filled in the same manner herein provided for other vacancies. Vacancies. (f) The chairman of the commissioners of Chatham County and ex officio judges shall receive an annual salary of $3,600.00 per year payable in equal monthly installments from the funds of Chatham County. The remaining commissioners shall receive an annual salary of $2,400.00 per annum payable in the same manner. Salaries. (g) Any and all final decisions concerning matters affecting the business of the public shall be made by the commissioners acting as a committee of the whole and majority vote shall control. Powers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1968.
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CARROLL COUNTY BOARD OF EDUCATIONREFERENDUM. No. 706 (House Bill No. 1324). An Act to provide for the appointment of the school superintendent of Carroll County by the board of education of Carroll County; to provide for the compensation and qualifications of the superintendent; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The county school superintendent of Carroll County serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. Thereafter, the board of education of Carroll County shall appoint the county school superintendent of Carroll County, who shall serve at the pleasure of the board. The board shall fix the compensation of the superintendent. The person appointed to the office of county school superintendent of Carroll County shall possess the qualifications prescribed for county school superintendents by the laws of this State and such other qualifications as may be prescribed from time to time by the State Board of Education and by the State and Regional accrediting agencies. Superintendent. Section 2. On a date which shall not be less than thirty days nor more than forty-five days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Carroll County to issue the call for an election for the purpose of submitting this Act to the voters of Carroll 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 Carroll County. The ballots shall have written or printed thereon the words: For approval of an Act providing for the appointment of a County School Superintendent of Carroll County by the Carroll County Board of Education.
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Against approval of an Act providing for the appointment of a County School Superintendent of Carroll County by the Carroll County Board of Education. Referendum. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote against or rejection of the Act shall vote against approval. If more than one half of the votes cast on such questions 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 expenses of such election shall be borne by Carroll County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election on the same laws and rules and regulations as govern special 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 results 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 Regular Session of the General Assembly of Georgia, 1968, a bill to provide for the appointment of the county school superintendent of Carroll County by the board of education of Carroll County; to provide a referendum and for other purposes. This 16th day of January, 1968. William J. Wiggins Jack E. Threadgill Representatives, 32nd District Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Wiggins
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who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 18, 25 and February 1, 1968. /s/ William J. Wiggins Representative, 32nd District Sworn to and subscribed before me this 7th day of February, 1968. /s/ Pamela A. McIntyre Notary Public. My Commission expires Jan. 9, 1971. (Seal). Approved March 11, 1968. BRANTLEY COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 707 (House Bill No. 1370). An Act to amend an Act creating the office of commissioners of roads and revenues of the County of Brantley, approved July 21, 1927 (Ga. L. 1927, p. 500), as amended by an Act approved March 1, 1933 (Ga. L. 1933, p. 411), and an Act approved April 9, 1963 (Ga. L. 1963, p. 3309), so as to reduce the number of commissioners; to provide for designating positions on the board by number; to provide for the election of the commissioners; to provide for their compensation, powers, duties and responsibilities; to change the compensation of the clerk of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act creating the office of commissioners of roads and revenues of the County of Brantley, approved July 21, 1927 (Ga. L. 1927, p. 500), as amended by an Act approved March 1, 1933 (Ga. L. 1933, p. 411), and an Act approved April 9, 1963 (Ga. L. 1963, p. 3309) is hereby amended by striking in their entirety sections 1, 2, 3 and 4 and substituting in lieu thereof the following new sections: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that there is hereby created a three-member board of commissioners of roads and revenues for Brantley County who shall administer the county affairs of Brantley County. Created. Section 2. For the purposes of electing members of the board the respective positions on the board shall be numbered one through three, respectively. Candidates elected to Post No. 1 shall serve as the chairman of the board of commissioners of roads and revenues for Brantley County during his respective term on the board. At the time of qualifying as a candidate for election to the board, a candidate shall designate the position on the board he wishes to offer for election. Candidates offering for election to the board may reside anywhere within the county. Chairman, etc. Section 3. The first election for the members of the board of commissioners of roads and revenues for Brantley County as provided for herein shall be conducted in the general election of 1968. Candidates elected to the board shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the initial members of the board shall be elected in the general election which is conducted in that year in which their term of office shall expire and shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Terms, etc. Section 4. The chairman of the board of commissioners shall be the chief executive officer of the board. He shall carry out the policies of the board concerning the governing
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of the affairs of Brantley County. He shall not vote on questions coming before the board except to break a tie. He shall receive as compensation for his services as such the sum of $500.00 per month plus a mileage expense at the rate of 10 per mile expended in administering the affairs of his office. Chairman, etc. Section 2. Said Act is further amended by striking in its entirety section 8 and substituting in lieu thereof a new section 8 to read as follows: Section 8. The board of commissioners shall hold at least one regularly scheduled monthly meeting which shall be on the first Tuesday in each month until changed by the board. The members of the board other than the chairman shall receive the sum of $50.00 per month for their services as members of the board plus the sum of 10 per mile expended going to and from meetings of the board. If any member of the board shall miss more than two regularly scheduled meetings of the board during any calendar year for any cause other than providential, he shall not be entitled to receive compensation provided for herein for the remainder of that calendar year. Meetings, etc. Section 3. Said Act is further amended by striking in its entirety section 11 and substituting in lieu thereof a new section 11 to read as follows: Section 11. The clerk of the board shall receive such compensation for his services as such as shall be fixed by the board not to exceed the sum of $250.00 per month. Clerk. Section 4. The provisions of this Act with the exception of the provisions relating to the election of the members of the board of commissioners of roads and revenues for Brantley County in the 1968 general election shall take effect on January 1, 1969. The provisions relating to the election of commissioners shall take effect immediately upon the approval of this Act. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to provide for a three-member board of commissioners of roads and revenues of Brantley County; to provide for the method of their election, compensation, powers and duties; to change the compensation of the clerk of the board; to provide the procedures connected with the foregoing; and for other purposes. This 6 day of January, 1968. S. D. Nimmer Representative, 84th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. D. Nimmer who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of notice of intention to introduce local legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 11, January 18, and January 25, 1968. /s/ S. D. Nimmer Representative, 84th District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 11, 1968.
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DOUGLAS COUNTY BOARD OF EDUCATIONREFERENDUM. No. 708 (House Bill No. 1384). An Act to provide for the appointment of the county school superintendent of Douglas County by the board of education; to provide for the qualifications, compensation, and term of office; to provide for all matters and procedures relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The county school superintendent of Douglas County serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. Thereafter, the board of education of Douglas County shall appoint the county school superintendent of Douglas County, who shall serve at the pleasure of the board. The board shall fix the compensation of the superintendent. The person appointed to the office of county school superintendent of Douglas County shall possess the qualifications prescribed for county school superintendents by the laws of this State, and such other qualifications as may be prescribed from time to time by the State Board of Education and by the State and Regional Accrediting Agencies. Superintendent. Section 2. Within 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 Douglas County to issue the call for an election for the purpose of submitting this Act to the voters of Douglas County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Douglas County. The ballot shall have written or printed thereon the words:
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For approval of the Act providing for the appointment of the County School Superintendent of Douglas County by the Board of Education. Against approval of the Act providing for the appointment of the County School Superintendent of Douglas County by the Board of Education. 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 Douglas County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special 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 legislation introduced in the 1968 session of the General Assembly for the purpose of changing the method of selecting the county school superintendent and providing for a county-wide referendum by the electorate and for other purposes. s/ Kent Dickinson Representative, 27th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kent Dickinson
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who, on oath, deposes and says that he is Representative from the 27th District, 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 Douglas County, on the following dates: January 25, February 1, 8, 1968. /s/ Kent Dickinson Representative, 27th District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 11, 1968. UNION COUNTYCOMPENSATION OF SHERIFF, ETC. No. 709 (House Bill No. 1460). An Act to change the present method, manner and compensation of the sheriff of Union County; to provide in lieu thereof a different salary and method of compensation; 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 necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal certain specific laws; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the sheriff of Union County is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The sheriff shall receive an annual salary of $8,400.00, payable in equal monthly installments from the funds of Union 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 him as compensation for services in any capacity, 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 sheriff 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 4. The sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, to fix their compensation, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Such personel shall be compensated by the sheriff out of the salary provided for above at his own expense. Deputies, etc. Section 5. The necessary operating expenses of the sheriff's office shall be paid from any funds of the county
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available for such purpose. All supplies, materials, furnishings, furniture, utilities, vehicles and equipment, except uniforms, 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. This shall not include personal furniture for the sheriff's lodgings in the jail. The determination of such requirements shall be at the sole discretion of the governing authority of Union County. Office expense, etc. Section 6. The provisions of this Act shall become effective on January 1, 1969. Effective date. Section 7. An Act placing the sheriff of Union County upon an annual salary, approved March 15, 1961 (Ga. L. 1961, p. 2458), is hereby repealed in its entirety. 1961 Act repealed. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation is to be introduced at the 1968 session of the General Assembly of Georgia to change the compensation of the sheriff of Union County and for other purposes. Carlton H. Colwell Representative, 5th Dist. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton H. Colwell who, on oath, deposes and says that he is Representative from the 5th District, 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
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Union County, on the following dates: January 11, 18, and 25, 1968. /s/ Carlton H. Colwell Representative, 5th District Sworn to and subscribed before me this 13 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 11, 1968. MITCHELL COUNTYOFFICE OF TAX COMMISSIONERS CREATED. No. 710 (House Bill No. 1525). An Act to abolish the offices of tax-receiver and tax-collector of Mitchell County, Georgia; to create the office of tax commissioner of Mitchell County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector, when the provisions of this Act become effective, shall be of full force and effect as to the tax-commissioner of Mitchell County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the tax-commissioner herein provided for, and by him paid to the treasurer of Mitchell County or the bank designated as a depository for county funds; to provide for the election
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of said tax-commissioner and the method of filling vacancies; to provide for the giving of bonds by such officer; to provide for reports to the State; to provide for the putting into effect the Constitution of this State as contained in Article XI, Section III, Paragraph I; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that upon the expiration of the terms of the present receiver of tax-returns and the present tax-collector in and for said County of Mitchell, said offices shall be and they are hereby abolished. Offices abolished. Section 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner of Mitchell County, Georgia, is hereby created in lieu of said offices, and that the rights, duties, and liabilities of said office of tax-commissioner of Mitchell County shall be the same as the rights, duties, and liabilities of the tax-receiver and tax-collector of said county, and that all laws applicable to said offices shall be applicable to the tax-commissioner of said county, so far as the same can apply. Office of tax commissioner created. Section 3. Be it further enacted by the authority aforesaid, that all taxes now due and payable, and all tax fi. fas. heretofore issued by the tax-collector of Mitchell County, Georgia, shall have full force and effect and be collectible as issued. Taxes due. Section 4. Be it further enacted by the authority aforesaid, that all fees, commissions, and all other compensation allowed to the tax-receiver and tax-collector of Mitchell County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said county tax-commissioner and paid over to the treasurer of Mitchell County, or the bank designated as a depository for county funds. Fees.
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Section 5. Be it further enacted by the authority aforesaid, that the term of office of said tax-commissioner shall be for four years, and the first election of county tax-commissioner of Mitchell County shall be held at the same time and under the same laws as other county officers are now elected at the general election for county officers in the year 1968, and quadrennially thereafter, and the person so elected shall enter upon the duties of the office hereby created on January 1, 1969. If a vacancy should occur, then the office shall be filled in the same manner as vacancies are now filled in the office of tax-collector. Term, election, etc. Section 6. Be it further enacted by the authority aforesaid, that the compensation of the county tax-commissioner of Mitchell County, Georgia, shall be a sum equal to the fees, commissions, and all other compensation accruing to the tax-receiver and tax-collector of Mitchell County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such offices thereafterward were it not for the provisions of this Act; and the same shall be paid proportionately, monthly, as near as the same can be estimated, until the same is changed by law, and from this sum he shall pay all clerical hire and expenses of the office, except equipment, stationery, and printing. Compensation. Section 7. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax-commissioner shall take the oath now prescribed by law for the tax-receiver and tax-collector, and give the same bonds as are now or may hereafter be required of tax-collectors, which bonds shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the surety-ship on said bonds shall be paid out of the funds of Mitchell County, Georgia, as a part of the expense of county government, or out of remaining portion of commissions going into the treasury of said county under the provisions of this Act heretofore accruing to and paid to the tax-collector and tax-receiver of said county. Oath, bond, etc. Section 8. Be it further enacted by virtue of the authority aforesaid, that said tax-commissioner of Mitchell County
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be and he is hereby required to make such reports to the State authorities as are now required or may hereafter be required of tax-collectors and tax-receivers of this State. Reports. Section 9. Said tax-commissioner shall have an office in the courthouse, which said office shall be kept opened at all times except Sundays and legal holidays. Office hours. Section 10. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the court of last resort in this State to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be held to be unconstitutional; the purpose of this Act being to put into effect the Constitution of this State as contained in Article XI, Section III, Paragraph I. Severability. Section 11. 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 1968 Session of the General Assembly of Georgia the following bill: An Act to abolish the office of tax-receiver and tax-collector of Mitchell County, Georgia; to create the office of tax-commissioner of Mitchell County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector, when the provisions of this Act become effective, shall be of full force and effect as to the tax-commissioner of Mitchell County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this
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Act, shall be collected by the tax-commissioner herein provided for, and by him paid to the treasurer of Mitchell County or the bank designated as a depository for county funds; to provide for the election of said tax-commissioner and the method of filling vacancies; to provide for the giving of bonds by such officer; to provide for reports to the State; to provide for the putting into effect the constitution of this State as contained in Article II, Section 3, paragraph 1; and for other purposes. This the 30th day of January, 1968. Marcus Collins, Representative 89th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marcus Collins who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of notice of intention to introduce local legislation was published in the Pelham Journal The Camilla Enterprise which are the official organs of Mitchell County, on the following dates: February 2, 9, 16, 1968. /s/ Marcus Collins Representative, 89th District Sworn to and subscribed before me this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 11, 1968.
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RABUN COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 712 (Senate Bill No. 374). An Act to create a board of commissioners of roads and revenues for Rabun County; to provide for commissioner districts; to provide for election, qualifications and filling of vacancies of members of said board; to provide for an oath; to provide for giving a bond by the members of said board and the clerk; to provide for the compensation of members of said board; to provide for a chairman; to provide for a supervisor of roads and revenues; to provide for meetings; to provide for a quorum; to provide for the employment of a clerk and the compensation of said clerk; to provide for powers of said board; to provide that purchases of a certain amount shall be on a competitive bid basis; to authorize the board to employ an attorney; to provide for auditing the fiscal affairs of the 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. There is hereby created a board of commissioners of roads and revenues for Rabun County, hereinafter referred to as the board, to be composed of three members. Such board shall come into existence January 1, 1969, with the first members thereof being elected at the general election in 1968 as hereinafter provided. Created, members. Section 2. (a) For the purpose of electing the members of the board, Rabun County is hereby divided into three commissioner districts. Commissioner District No. 1 shall be composed of the following militia district: Militia District No. 587 (Clayton). Commissioner districts. Commissioner District No. 2 shall be composed of the following militia districts: Militia District No. 556 (Tennessee Valley); Militia District No. 452 (Warwoman); and Militia District No. 1014 (Moccasin).
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Commissioner District No. 3 shall be composed of the following militia districts: Militia District No. 1275 (Stonepile); Militia District No. 597 (Tiger); Militia District No. 436 (Chechero); Militia District No. 636 (Persimmon) and Militia District No. 507 (Tallulah). (b) One member shall be elected from each commissioner district to be voted on by the registered and qualified voters of the entire county. The initial members of the board shall be elected at the 1968 general election and shall take office on the first day of January following said election for the following terms: Elections. The member from Commissioner District No. 1 shall serve for a term of two years and until his successor is elected and qualified. The member from Commissioner District No. 2 shall serve for a term of three years and until his successor is elected and qualified. The member from Commissioner District No. 3 shall serve for a term of four years and until his successor is elected and qualified. Terms. Successors to the initial members provided herein shall be elected at the general election in the year in which the terms of office expire (or on the second Tuesday in November if the year is one in which there is no general election) and shall take office on January 1 following said election for a term of four years and until their successors are duly elected and qualified. Section 3. Any person to be eligible to serve as a member of the board must be at least twenty-five (25) years of age on the date of the election, must reside in Rabun County for at least three years immediately preceding the date of the election, must be a resident of the commissioner district from which he offers for election and must be qualified and registered to vote for the members of the General Assembly, and he shall have paid taxes on real estate in
Page 2274
the district in which he is qualified to announce for commission election. Qualifications of members. Section 4. Before entering upon his duties as a member of the board, such member shall take an oath to faithfully perform his duties in accordance with the provisions of this Act, the Constitution and laws of the State of Georgia. Such oath shall be administered by the ordinary of Rabun County. Oaths. Section 5. Before entering upon the discharge of his duties, each member of the board and the clerk as hereinafter provided shall each give bond in the sum of ten thousand ($10,000.00) dollars with a reputable surety company authorized to do business in Georgia as surety, payable to the ordinary of Rabun County, for the use of Rabun County. Such bond shall be conditioned for the satisfactory performance, by each of the members and the clerk, of the duties of his office and for a true accounting of all moneys and effects of said county coming under his custody, possession or control. Such bond shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premium on each bond shall be paid from the funds of Rabun County. Bond. Section 6. In the event a vacancy occurs on the board for any reason other than the expiration of the member's term of office, such vacancy shall be filled by a special election called by the ordinary, if the vacancy occurs with more than one year left in said term. The election shall be held within thirty (30) days after the vacancy occurs. If there is less than one (1) year left in said term, the two remaining members of the board shall appoint a member to fill the unexpired term. Vacancies. Section 7. The two members of the board other than the chairman shall be compensated in the amount of fifty ($50.00) dollars per month and a maximum of fifty ($50.00) dollars per month (at 8 cents per mile) for use of personal automobile inside of Rabun County, to be paid from the funds of Rabun County plus actual expenses while incurred on official business outside of Rabun County, as approved by the board. No passenger automobiles shall be purchased
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for the chairman or commissioners with Rabun County funds. The chairman shall be compensated in the amount of one thousand ($1,000.00) dollars per annum to be paid in equal monthly installments from the funds of said county plus a maximum of fifty ($50.00) dollars per month (at 8 cents per mile) for the use of his automobile inside the county, plus actual expenses incurred while on official business outside of Rabun County, as approved by the board. Compensation. Section 8. At the first meeting in each year, the board shall elect the chairman to serve for that year. The board shall immediately meet and appoint a supervisor of roads and revenues who shall serve at the pleasure of said board, shall perform such duties as may be assigned by said board and shall be compensated in the amount of six thousand ($6,000.00) dollars per annum to be paid in equal monthly installments from the funds of Rabun County. Chairman, etc. Section 9. The board shall hold a regular meeting on the first Monday in each month and may hold other meetings, as deemed advisable upon the call of the chairman or upon the call of any two of the members. The board shall maintain an office at the courthouse of Rabun County. Meetings. Section 10. Two members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least two members of said board. The chairman of said board shall preside at all meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized, by said board and shall at each regular meeting of said board submit a report of the condition of the county affairs and make to said board such recommendations as he may deem proper. Quorum, etc. Section 11. The board is hereby authorized to employ a clerk to be compensated in an amount not to exceed three thousand six hundred ($3,600.00) dollars per annum, to be determined by the board, to be paid from the funds of Rabun County in equal monthly installments. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the board and to discharge such other duties as the board may prescribe. Clerk.
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Section 12. The board shall have and exercise all the powers which were vested by law in the judges of the inferior courts and the ordinary, when sitting for county purposes, and is hereby expressly given complete powers, authority and control relative to county matters of Rabun County. The board is hereby authorized to employ necessary personnel, and to fix their compensation, to assist in the performance of the duties imposed by this Act. Powers. The board of commissioners shall establish rules and regulations for the expenditures of all funds, for securing written reports from all other county officers (which shall contain proposed salaries, expenses for office operations on an itemized basis), and for submitting an annual budget broken down into quarterly amounts. The board shall study and act on all budget requests, making changes that are fiscally sound and in the best interests of the county. Rules, etc. Section 13. The board shall make all purchases for Rabun County and shall make all purchases over three hundred ($300.00) dollars on a competitive bid basis, securing three bids on each purchase or item. The board shall not expend any funds of Rabun County in payment of purchases made in violation of this section. Purchases. Section 14. Said board shall have the authority to employ a competent attorney at law, resident and freeholder of said county, as county attorney to advise the Board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation, not to exceed six hundred ($600.00) dollars per annum, payable in equal monthly installments out of the regular funds of the county, to serve at the pleasure of the board. Whenever it is deemed necessary, said board may employ additional counsel to assist the county attorney, who shall be paid such compensation as the board may direct out of the regular funds of the county. Attorney. Section 15. As of the close of business on June 30th of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. Said audit shall show the source and
Page 2277
amount of all receipts; the amount and payee of all disbursements, including all bids; the amount and payee of all unpaid county warrants; and amount and payee of all other written obligations. Also, the amount and payee of all open accounts; a statement showing the bonded indebtedness of the county, and such financial report shall be verified by the chairman of the board of commissioners of roads and revenues or by the clerk of said board. A copy of such report of the county commissioners shall be furnished the ordinary for his files and a copy shall be exhibited to the grand jury meeting after such report is made. The county commissioners shall cause to be published in the official organ and other county media, once per month, all receipts and disbursements. The cost thereof shall be paid from the county funds. Audits. Section 16. Not less than five (5) nor more than ten (10) days after the date of the approval of this Act by the Governor, or after it otherwise becomes a law, it shall be the duty of the ordinary of Rabun County to issue the call for an election for the purpose of submitting this Act to the voters of Rabun 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 (2) weeks immediately preceding the date thereof, in the official organ of Rabun County. The ballot shall have written or printed thereon the words: For approval of the Act creating a Board of Commissioners of Roads and Revenues for Rabun County. Against approval of the Act creating a Board of Commissioners of Roads and Revenues for Rabun 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. At least forty-five (45%) per cent of the registered voters of Rabun County must vote in the said election or else the election shall be void. If more than one-half of the votes cast on such question
Page 2278
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 expenses of such election shall be borne by Rabun 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 special 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 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1968. CITY OF COCHRANCORPORATE LIMITS, REFERENDUM. No. 715 (House Bill No. 1520). An Act to amend an Act providing and creating a new charter for the Town of Cochran, and incorporating said town under the corporate name and style City of Cochran, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, so as to change the corporate limits of said city; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing and creating a new charter for the Town of Cochran, and incorporating said town under the corporate name and style City of Cochran, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Cochran shall
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be comprised of the following land lots of the 21st land district of Bleckley County, Georgia, to wit: Land lots 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 131, 140, 141, 142, 143, 144, 145, 146, 155, 156, 157, 158, 159, 160, 161, 170, 171, 172, 173, 174, 175, 176, 186, 187, 188 and 189. Section 2. Not less than 60 nor more than 120 days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Bleckley County to issue the call for an election for the purpose of submitting this Act to the voters of Bleckley County residing within the corporate limits of the City of Cochran, as redefined in quoted section 2 of section 1 of this Act, for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bleckley County. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the of the City of Cochran. Referendum. Against approval of the Act changing the corporate limits of the City of Cochran. 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 as provided in section 3 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Cochran. 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 special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
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Section 3. If this Act is approved in the referendum election provided for in section 2 of this Act, this Act shall become effective on January 1, 1969. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that there will be introduced in the 1968 session of the General Assembly of Ga. a bill to extend the city limits of Cochran and provide for a referendum thereof. John H. Anderson, Jr. Representative District 71 Affidavit of Publication. State of Georgia,) County of Bleckley) ss. The undersigned, publisher of The Cochran Journal, a weekly newspaper published each Thursday at Cochran, Bleckley County, Georgia, being first duly sworn, certifies that the attached advertisement appeared in the following issues of said publication on the dates stated: January 4, 1968, January 11, 1968, January 18, 1968. Deponent certifies further that in event copy of advertisement is not available that same may be found in copies on file at the office of the publisher. /s/ A. Russell Lawson (Publisher, The Cochran Journal) Subscribed and sworn to before me this 1st day of February, 1968. /s/ Mary Smith (Notary Public) (Seal). Approved March 13, 1968.
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CATOOSA COUNTYPOWERS OF UTILITIES COMMISSIONERS. No. 716 (House Bill No. 1534). An Act to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended by an Act approved February 8, 1966, (Ga. L. 1966, p. 2033) and an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), so as to provide for additional powers of said commissioners, including the right of eminent domain; 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 utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended by an Act approved February 8, 1966 (Ga. L. 1966, p. 2003) and an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), is hereby amended by striking the sixth paragraph of section 2 in its entirety, and inserting in lieu thereof a new sixth paragraph of section 2 to read as follows: The board shall have the power to sue and be sued, to construct, to reconstruct, to improve, to better and to extend the water system, wholly within or wholly without the boundaries of Catoosa County, or partially within and partially without said boundaries; and to acquire by gift, purchase, devise, lease, or the exercise of eminent domain, lands, easements, rights in land and water rights; to hold and dispose of real and personal property necessary or desirable in connection with its operation of the water facilities, and make and enter into such contracts and agreements as may be appropriate to the exercise of its powers. Powers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1968 Regular Session of the General Assembly of Georgia an act to amend an act entitled An Act creating a board of utility commissioners for Catoosa County, Georgia, approved March 17, 1956, and all acts amendatory thereto, to provide for additional powers of said commissioners, including the right of eminent domain, and for other purposes. This 29th day of January, 1968. /s/ Bert Ward Representative Second District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bert Ward who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Catoosa County News which is the official organ of Catoosa County, on the following dates: February 1, 8, and 15th, 1968. /s/ Bert Ward Representative Second District Sworn to and subscribed before me this 26 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 13, 1968.
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CITY OF WARNER ROBINSCHARTER AMENDED. No. 720 (House Bill No. 1639). An Act to amend an Act incorporating the City of Warner Robins, Georgia, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, so as to change the compensation of the mayor and councilmen; to change the provisions relating to the meetings of the council; to provide that the limitation on the power of the City of Warner Robins to levy and collect taxes shall not affect the levy and collection of taxes to pay bonded indebtedness incurred under the provisions of the Constitution; to provide for additional provisions relating to the issuance of bonds; 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 Warner Robins, Georgia, approved March 5, 1943 (Ga. L. 1943, p. 1624), 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. The governing authority of said municipality shall consist of a mayor and six councilmen. The mayor shall receive a salary of $2,400.00 per year, payable in equal monthly installments. The councilmen shall each receive a salary of $1,200.00 per year, payable in equal monthly installments. Compensation. Section 2. Said Act is further amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows: Section 6. In the event of any vacancy in the office of the mayor or council by death, resignation or for any other cause other than the regular expiration of a term of office, the vacancy or vacancies shall be filled by special election to be held within 30 days after such vacancy occurs, and in such event the mayor or councilman, as the case may be, after taking oath, shall take office immediately. Vacancies, meetings, etc.
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The mayor and councilmen shall hold regular and open meeting on the first Monday and on the third Monday of each calendar month hereafter and called meetings at such times as is necessary to conduct the affairs of said city. Section 3. Said Act is further amended by striking in its entirety section 12 and substituting in lieu thereof a new section 12 to read as follows: Section 12. The corporation shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the municipality; provided that no tax upon real or personal property shall exceed twenty (20) mills upon the value thereof, the exact tax levy to be determined by resolution of the mayor and council, but not to exceed said twenty (20) mills, except such tax as may be levied to pay bonded indebtedness incurred under the provisions of the Constitution. Tax rate. Section 4. Said Act is further amended by adding between sections 12 and 13 a new section to be known as section 12A and to read as follows: Section 12A. At a regular meeting of the mayor and council held at least 15 and not more than 45 days prior to any election within Warner Robins in which there shall be submitted to the electors of said city the question of whether said city shall incur additional bonded indebtedness, the mayor and council shall determine what millage is necessary to retire the bonded indebtedness proposed to be incurred by the city. Such action of the mayor and council shall be recorded upon the minutes of such meeting. Bonded indebetdness. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for a Local Legislation. State of Georgia, County of Houston. Notice is hereby given of the intention to apply at the regular 1968 Session of the General Assembly of Georgia
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for local legislation to amend the charter of the City of Warner Robins to provide that the limitation on the power of the City of Warner Robins to levy and collect taxes shall not effect the levy and collection of taxes to pay bonded indebtedness issued under provisions of the Constitution, to increase the compensation of the mayor and councilmen of the City of Warner Robins, to increase the regular meeting dates of mayor and council of the City of Warner Robins, and for other purposes. D. C. Peterson, Representative of Houston County. Georgia, Houston County. Personally appeared before me this date, Cooper Etheridge, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the legal notice, Notice of Intention to Apply for Local Legislation, to amend the charter of the City of Warner Robins, was published in The Houston Home Journal on the following dates: Jan. 11, 18 and 25, 1968. This 30th day of January, 1968. /s/ Cooper Etheridge Publisher, Houston Home Journal, Perry, Georgia Sworn to and subscribed before me this 30th day of January, 1968. /s/ Louise S. Wilder Deputy Clerk Superior Court, Houston County, Georgia. (Seal). Approved March 15, 1968.
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JURY CLERKS IN CERTAIN COUNTIES (46,000 - 47,000). No. 728 (House Bill No. 362). An Act to provide that in all counties of this State having a population of not less than 46,000 nor more than 47,000 according to the United States decennial census of 1960 or any future such census, the judge of the superior court of such counties shall be authorized to appoint the clerk of the superior court of such counties to serve as jury clerk; to provide that prospective jurors of such counties shall be required to answer questionnaires relative to their qualifications; to provide the procedure for the same; to provide a penalty for failure therefor; to provide for the payment of expenses in carrying out 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 46,000 nor more than 47,000 according to the United States decennial census of 1960 or any future such census, the judge of the superior court of such counties shall be authorized to appoint the clerk of the superior court of such counties to serve as jury clerk in order to obtain more efficient and orderly handling of jury selection and the administration of justice. Section 2. All prospective jurors in such counties shall be required to answer questionnaires as may be determined and compiled by the board of jury commissioners of such counties, the judge of the superior court of such counties, and the jury clerk, as herein provided, concerning their qualifications as jurors. The jury clerk shall cause such questionnaires to be submitted to the prospective jurors of such counties. Section 3. In the event any person fails or refuses to answer such questionnaire, the jury clerk shall report such failure or refusal to the superior court of such counties
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together with the facts concerning the same, and said court shall have such jurisdiction as is now provided by law for subpoena, attachment and contempt powers. Section 4. The expenses incurred in carrying out the provisions of this Act are hereby determined to be contingent expenses of the superior courts and shall be paid as provided by law for the payment of contingent expenses. Section 5. This Act shall be in addition and supplemental to other provisions provided by law relating to the selection of jurors. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968. LAW LIBRARIES AUTHORIZED IN CERTAIN COUNTIES (13,430-13,660). No. 733 (House Bill No. 951). An Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; to provide funds for the establishment and maintenance of said libraries; to provide for the management of said libraries; to 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 judge, or judges if more than one, of the superior court of any circuit in which is located any county in this State having a population of not less than 13,430 and not more than 13,660, according to the official United States decennial census for 1960, or any such future census, shall establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties. Where applicable.
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Section 2. For the use of providing funds for the establishment and maintenance of such libraries, the sum of two dollars ($2.00) in addition to all other legal costs, shall be charged and collected in each criminal case filed in the superior, county, city or any other court of record, and in such courts as may hereafter be created, except justice of the peace courts and recorder's courts, in and for said counties. The clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same to the treasurer or other person or fiscal agent having custody of county funds. The judge or judges of said superior courts shall by order entered upon the minutes of the court, provide for the establishment and maintenance of such a law library and shall cause the clerks of all the above courts trying criminal cases to be furnished 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, etc. Section 3. Also, for the purpose of further providing funds for the establishment and maintenance of such libraries, the sum of two dollars ($2.00), in addition to all other legal costs, shall be charged and collected in each civil case filed in the Superior Courts in Counties in which such a law library shall be established and the Clerk of such Court shall collect such fees and remit the same to the treasurer or other personnel or other fiscal agent having custody of county funds. Same. Section 4. All funds collected under this act shall be separately remitted to the county treasurer or other officer having control of county funds and said funds shall be kept by such officer in an account separate and part from all other accounts kept by such officer and said funds shall be used only for the purposes herein specified. The county treasurer or other county officer having control of county funds shall make to the judge or judges of the superior courts of each county wherein a county law library is being maintained a report showing receipts and disbursements
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with respect to said account, on the first day of January of each year and on the last day of June of each year, and at such other times as may be requested by said Judge or Judges. Records, etc. Section 5. Funds so held by the treasurer or other county officials shall be disbursed only upon the order of the judge or judges of the superior court. Disbursement of funds. 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 equipment, including a view box, black board and other equipment used in the trial of cases, and also the appointment of personnel, the salaries to be paid and all other matters pertaining to the successful functioning of such library. Committees. Section 7. The judge or judges of the superior court shall in his or their discretion appoint one employee for the physical operation and maintenance of the library which duty shall be in addition to his primary duty. Operation. 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. Office space, etc. Section 9. This law shall be effective as of the date that the same is approved by the Governor of the State of Georgia. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968.
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FULTON COUNTY EMPLOYEES' PENSION ACT AMENDED. No. 734 (House Bill No. 956). An Act to amend an act known as the Fulton County Employees Pension Act approved March 3, 1939, (Ga. L. 1939, p. 571) as amended, particularly by an act approved March 7, 1955, (Ga. L. 1955, p. 3118) and an act approved March 21, 1963, (Ga. L. 1963, p. 2462) so as to provide the maximum amount of pension which certain individuals may receive under the provisions of said amendatory act of 1955; to provide that no person who shall presently be an employee of Fulton County shall elect to participate in said amendatory act of 1963, as amended, unless such election is made within sixty (60) days from the date this act shall be approved by the Governor or otherwise becomes law. To repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An act known as the Fulton County Employees Pension Act, approved March 3, 1939, (Ga. L. 1939, p. 571) as amended, particularly by an act approved March 7, 1955, (Ga. L. 1955, p. 3118) is further amended by adding at the end of subsection (c) of section 1 of said amendatory act of 1955 (which section appears as section 22-304A of the Fulton County Code) the words: provided, however, that no pension payable by virtu of this subparagraph shall exceed the sum of one hundred and fifty ($150.00) dollars per month, so that said sub-section as amended hereby shall read as follows: Any person coming under the provisions of this amendment either voluntarily or by compulsion shall be entitled to all of the benefits of this act as amended for their beneficiaries and for themselves, but such benefits shall be increased 50% over the amount set forth in the relevant sections of this act as amended prior to this amendment providing for partial pensions, pensions for total disability and payments to beneficiaries, provided, however, that no
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pension payable by virtue of this subparagraph shall exceed the sum of one hundred and fifty ($150.00) dollars per month. Maximum pension. Section 2. Said act is further amended by adding to said amendatory act of 1963, as amended, a new section which shall be known as section 22-315 (d) of the Fulton County Code, which shall read as follows: No person who shall presently be an employee of Fulton County and entitled to participate in the provisions of this Act shall elect to participate in this act unless such election is made within sixty (60) days of the date that this amendment is approved by the Governor or otherwise becomes a law. Election. Section 3. 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 28th day of December, 1967, and on the 4, 11 days of January, 1968, as provided by law. /s/ Frank Kempton Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia a bill to amend the Act known as Fulton County Employees' Pension Act approved March 3, 1939 (Ga. L. 1939, p. 571) as heretofore amended, so as to provide that
Page 2292
the maximum pension payable to employees who have served less than 25 years, but who elect to and are retired under the Act of 1955 shall not receive pensions in excess of $150.00; to provide further that present employees who have not elected to accept the benefits of the Act of 1963 shall be barred from participation therein unless they elect, within 60 days, to accept the benefits of said Act, and for other purposes. This 28th day of December, 1967. Harold Sheats, County Attorney, Fulton County Subscribed and sworn to before me this 11th day of January, 1968. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. (Seal). Approved March 18, 1968. LAW LIBRARIES AUTHORIZED IN CERTAIN COUNTIES (16,700-16,800). No. 737 (House Bill No. 1146). An Act to authorize all counties of this State having a population of not less than 16,700 nor more than 16,800, according to the United States decennial census of 1960, or any future such census, to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; to provide funds for the establishment and maintenance of said libraries; to provide for the management of said libraries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 2293
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 judicial circuit in which is located any county in this State having a population of not less than 16,700 nor more than 16,800 according to the United States decennial census of 1960, or any future such census, shall establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties. Where applicable. Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries, the sum of fifty cents (.50) in addition to all other legal costs, shall be charged and collected in each civil suit, action or case, of a civil nature, 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 a civil nature filed in the superior court in and for said counties and the clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same to the treasurer or other person or fiscal agent having custody of county funds, provided, that the judge or judges of said court, shall by order entered upon the minutes of the court, provide for the establishment and maintenance of such law library and shall cause to be furnished to the clerks of such court with a certified copy of such minutes. Funds. Section 3. In each county in which such a law library is established in accordance with this Act, the judge or judges, if more than one, of the superior court, shall appoint a committee which shall be composed of officers of the court in such counties to advise and make recommendations to the court upon the establishment, administration, and operation of the library, the selection and purchase of books and the appointment of a person or persons responsible for the successful functioning of such library. Committee. Section 4. All funds collected under this Act and particularly under section 2 hereof shall be separately remitted to the county treasurer or other person having control of county funds and a separate account of receipts and disbursements shall be kept by such officer. Records.
Page 2294
Section 5. Funds so held by the treasurer or other county officials shall be disbursed upon the order of the judge or judges of the superior court. Disbursement of funds. Section 6. 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. Office space, etc. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1968. DOUGLAS COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 738 (House Bill No. 1148). 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 by an Act approved February 16, 1953 (Ga. L. 1953, p. 2299), an Act approved March 7, 1955 (Ga. L. 1955, p. 3100), an Act approved March 17, 1960 (Ga. L. 1960, p. 2701), and an Act approved March 18, 1964 (Ga. L. 1964, p. 3084), so as to change the commissioner districts; to provide the commissioners shall be voted upon by the voters of the entire county; to provide the first term of office for the commissioner from commissioner district No. 1 shall be for two years and subsequent terms shall be for four years; to provide for all matter and procedure relative to the foregoing; to change the compensation and expense allowance of the commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues of Douglas County approved February
Page 2295
15, 1952 (Ga. L. 1952, p. 2703), as amended by an Act approved February 16, 1953 (Ga. L. 1953, p. 2299), an Act approved March 7, 1955 (Ga. L. 1955, p. 3100), an Act approved March 17, 1960 (Ga. L. 1960, p. 2701), and an Act approved March 18, 1964 (Ga. L. 1964, p. 3084), 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. For the purpose of electing members of the board of commissioners of roads and revenues for Douglas County, Douglas County shall be divided into two commissioner districts as follows: Commissioner District No. 1 . Commissioner District No. 1 shall be composed of all that territory within Douglas County embraced within Militia District No. 730 (Douglasville), Militia District No. 1259 (Conners) and Militia District No. 1271 (Middle) Commissioner District No. 2 . Commissioner District No. 2 shall be composed of all that territory within Douglas County embraced within Militia District No. 736 (Chapel Hill), Militia District No. 784 (Chestnut Log); Militia District No. 1260 (Fairplay); Militia District No. 1272 (Crombies) and Militia District No. 1273 (Salt Springs). One member shall be elected from Commissioner District No. 1 and one member shall be elected from Commissioner District No. 2. The remaining member shall be elected from the county at large. Such remaining member shall be the chairman of the board and when qualifying to run for office shall signify that he is a candidate for chairman. The members of the board shall be elected by the voters of the entire county but candidates may not offer for election to said board from any Commissioner District other than the district in which their legal residence lies. To be elected as a member of the board, a candidate must receive the highest number of votes cast and, at the same time, a candidate must receive a majority of the total votes cast. 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:
Page 2296
Section 4. At the General Election conducted in 1968, there shall be elected the first members of the board of commissioners of roads and revenues of Douglas County as herein provided for. The candidate elected from Commissioner District No. 1 shall take office on the first day of January following his election and shall serve for a term of office of two years and until his successor is duly elected and qualified. The candidate elected from Commissioner District No. 2 and the chairman shall take office on the first day of January following their election and shall serve for a term of office of four years each and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial members of the board of commissioners of roads and revenues of Douglas County, as provided for herein, shall be elected at the General Election which is conducted in that year in which the respective terms of office shall expire and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified. Terms. Section 3. 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 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 $100.00 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 through the year 1968 and $4,200.00 per annum beginning January 1, 1969 and shall be reimbursed for expenses incurred in the performance of the duties of the board but not to exceed $50.00 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. Compensation. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2297
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill 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; so as to change the commissioner districts; to provide the commissioners shall be voted upon by the voters of the entire county; to provide the first term of office for the commissioner from commissioner district no. 1 shall be for two years and subsequent terms shall be for four years; to change the compensation and the expense allowance of the commissioners accordingly; and for other purposes. This 5th day of Jan., 1968. s/ Kent Dickinson Representative, 27th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kent Dickinson who, on oath, deposes and says that he is Representative from the 27th District, 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 Douglas County, on the following dates: January 11, 18, 25, 1968. /s/ Kent Dickinson Representative, 27th District Sworn to and subscribed before me this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 18, 1968.
Page 2298
CITY OF DOUGLASVILLESALARIES OF MAYOR, COUNCILMEN AND RECORDER. No. 739 (House Bill No. 1150). An Act to amend an Act creating a new charter for the City of Douglasville in the County of Douglas, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, by an Act approved March 27, 1941 (Ga. L. 1941, p. 1335), an Act approved March 27, 1941 (Ga. L. 1941, p. 1351), an Act approved February 19, 1951 (Ga. L. 1951, p. 2458), an Act approved March 7, 1957 (Ga. L. 1957, p. 2687), an Act approved March 3, 1964 (Ga. L. 1964, p. 2311), an Act approved March 3, 1964 (Ga. L. 1964, p. 2313), and by an Act approved June 30, 1964 (Ga. L. 1964 Ex. Sess., p. 2331), so as to change the provisions relating to the compensation of the mayor and councilmen; to change the provisions relating to the compensation of the recorder; 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 in the County of Douglas, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, by an Act approved March 27, 1941, (Ga. L. 1941, p. 1335), an Act approved March 27, 1941 (Ga. L. 1941, p. 1351), an Act approved February 19, 1951 (Ga. L. 1951, p. 2458), an Act approved March 7, 1957 (Ga. L. 1957, p. 2687), an Act approved March 3, 1964 (Ga. L. 1964, p. 2311), an Act approved March 3, 1964 (Ga. L. 1964, p. 2313), and by an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2331), is hereby amended by striking subsection (a) of section 17 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The mayor and council are hereby authorized to fix the compensation of the mayor and councilmen, from time to time, by a unanimous vote of the mayor and council. Such compensation, when fixed by the mayor and council, as herein provided, shall be paid in equal monthly installments from the funds of the City of Douglasville. Compensation.
Page 2299
Section 2. Said Act is further amended by striking from the first sentence of subsection (a) of section 19 the following language: and to fix his compensation which shall not exceed $150.00 per annum., and inserting in lieu thereof the following: and to fix his compensation., so that when so amended subsection (a) of section 19 shall read as follows: (a) Said court shall be held as often as necessary for the trial of offenders; and the mayor and council are authorized (but not required) to elect some competent citizen of said city as recorder to preside over and hold said court, should they at any time deem such election of such official for the best interest of said city; and to fix his compensation. Should such recorder be elected and thereafter disqualified in any case or absent from city, said mayor's court shall be presided over by some citizen designated by the mayor and council. If no recorder be elected by the mayor and council, said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said court shall be presided over by the mayor pro tem.; and in absence and/or disqualification of both the mayor and mayor pro tem. any councilman of said city may preside over and hold said court. The clerk of said city shall act as clerk of said court, and the marshal, who is the chief police officer of said city, or other police officers of said city, 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 presiding officer of said court. Recorder. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2300
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act to create a new charter for the City of Douglasville, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, so as to change the provisions relating to the compensation of the mayor and aldermen; to change the provisions relating to the recorder; and for other purposes. This 5th day of January, 1968. s/ Kent Dickinson Representative, 27th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kent Dickinson who, on oath, deposes and says that he is Representative from the 27th District, 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 Douglas County, on the following dates: January 11, 18, 25, 1968. /s/ Kent Dickinson Representative, 27th District Sworn to and subscribed before me this 29th day of January 29, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 18, 1968.
Page 2301
BRANTLEY COUNTYNAMED OFFICERS PLACED ON SALARY BASIS. No. 741 (House Bill No. 1409). An Act to abolish the present mode of compensating the Clerk of the superior court, the ordinary, and the tax commissioner of Brantley 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, with certain exceptions; 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 ordinary and the tax commissioner of Brantley County, known as the fee system, is hereby abolished, and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Salary basis. Section 2. The clerk of the superior court shall receive an annual salary of $6,500.00, payable in equal monthly installments from the funds of Brantley County. Clerk of superior court. Section 3. The ordinary shall receive an annual salary of $8,500.00, payable in equal monthly installments from the funds of Brantley County. Ordinary. Section 4. The tax commissioner shall receive an annual salary of $9,000.00, payable in equal monthly installments from the funds of Brantley County. Tax commissioner. Section 5. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all
Page 2302
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, except as hereinafter provided, 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 6. It is specifically provided that the tax commissioner shall be entitled to a commission of five percent of all the taxes collected by the tax commissioner which are a part of the last $10,000 increment of the net tax digest. Otherwise the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department. Tax commissioner. Section 7. In addition to the salary provided for the ordinary by section 3, he shall be entitled to receive from Brantley County the sum of fifty cents ($.50) for each traffic case processed by the court of ordinary of Brantley County. Ordinary. Section 8. The above named officers shall have the authority to appoint such deputies, clerks, assistants and other personnel as they shall each deem necessary to efficiently and effectively discharge the official duties of their respective offices. Each of said officials shall, from time to time, recommend to the governing authority of said county the
Page 2303
number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, the total compensation of all such personnel within each respective office shall not exceed the sum of $200.00 per month. 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. Employees. 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, 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 Brantley County. Office expenses, 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 any county funds available for that purpose. Bonds. Section 11. The provisions of this Act shall become effective on January 1, 1969. Effective date. 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 regular 1968 Session of the General Assembly of Georgia, a bill to place the clerk of the superior court, ordinary
Page 2304
and tax commissioner of Brantley County on an annual salary; to provide for the employees within said offices; to provide the procedure connected therewith; and for other purposes. This 26 day of Dec., 1967. S. D. Nimmer Representative, 84th District Georgia, Fulton County. Personally approved before me, the undersigned authority, duly authorized to administer oaths, S. D. Nimmer who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of notice of intention to introduce local legislation was published in The Brantley Enterprise which is the official organ of Brantley County, on the following dates: December 28, 1967; January 4 and January 11, 1968. /s/ S. D. Nimmer Representative, 84th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Janette Hirsch Notary, Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 18, 1968.
Page 2305
GILMER COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 742 (House Bill No. 1522). An Act to consolidate the offices of tax receiver and tax collector of Gilmer County into the office of the tax commissioner of Gilmer 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 vacanies; 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 Gilmer County are hereby consolidated and combined into the one office of the tax commissioner of Gilmer 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 Gilmer County in 1968. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1972, 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 Gilmer County, and their terms of office shall continue through December 31, 1968. Should any vacancy
Page 2306
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, term, etc. Section 3. The tax commissioner shall receive for his services as such an annual salary of $7,200.00, payable in equal monthly installments from the funds of Gilmer 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 Gilmer 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, relating to the sale of motor vehicle license plates by local tax officials, which commissions the tax commissioner shall be entitled to receive and retain in addition to the salary provided for herein. The tax commissioner shall not be entitled to 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. Fees. Section 5. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in the amount of $3,600.00 per annum, payable in equal monthly installments from the funds of Gilmer County. The governing authority of Gilmer County shall have the authority to fix the number and compensation of such additional personnel as they shall deem are 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.
Page 2307
All expenses incurred by the tax commissioner 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. Deputy, etc. Section 6. All taxes due and payable Gilmer 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 there will be introduced at the 1968 Session of the General Assembly of Georgia, a bill to abolish the offices of tax collector and tax receiver of Gilmer County; to create the office of tax commissioner for said County; to define the duties and powers of said tax commissioner; to fix the compensation for said tax commissioner, and the compensation of employees and the expenses of the office of said tax commissioner; to repeal conflicting laws; and for other purposes. This the 15th day of January, 1968. Howard Simmons Representative, 9th Legislative District Georgia, Gilmer County. Before me, the undersigned, a notary public, this day personally came George N. Bunch, who, being first duly sworn, says that he is the publisher of The Times-Courier, a newspaper having a general circulation and whose principal place of business is in said county, and that the publication of the
Page 2308
attached was published in said paper on February 1st, 8th and 15th, 1968, as provided by law. /s/ George N. Bunch Representative, 9th District Sworn to and subscribed before me, this the 15th day of February, 1968. /s/ Jane Miller Notary Public, Gilmer County, Georgia. My Commission expires August 11, 1968. (Seal). Approved March 18, 1968. LAW BOOK TO CATOOSA COUNTY. No. 105 (House Resolution No. 219-739). Authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Catoosa County; and for other purposes. Whereas, certain volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports are missing from the office of the clerk of Superior Court of Catoosa County; and Whereas, such books are necessary for the clerk to transact the business of the court. Now, Therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the clerk of superior court of Catoosa County the following volumes of the Georgia Supreme Court Reports, to-wit: 1-29, 33, 40, 42, 44, 45, 46, 50, 51, 58, 60, 61, 62, 68, 69, 70, 71, 73, 84, 89, 93, 99, 105, 110, 142, 145, 146, 150, 151, 154, 157, 159, 169, 177,
Page 2309
181, 183, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 196, 197, 199, 200, 201, 209, and the following volumes of the Georgia Court of Appeals Reports, to-wit: 14-16, 20, 23, 28, 29, 30, 39, 45, 48, 58, 59, 61, 65, 71, 73, 74, 75, 77, 87, 89, 92. Approved March 18, 1968. FULTON COUNTYPUBLIC DEFENDER ELIGIBLE FOR MEMBERSHIP IN RETIREMENT SYSTEM. No. 744 (House Bill No. 954). An Act to amend an Act entitled An Act to provide for the retirement of the judges and the solicitor-general of the Criminal Court of Fulton County..... and for other purposes, approved January 31, 1946 (Ga. L. 1946, p. 299 et seq.) as heretofore amended, is further amended so as to provide that the Public Defender of Fulton County or the manager or director of the agency created by the Legislature for the representation of indigent persons by whatever names designated, shall be eligible for membership in the Judges' and Solicitors General retirement fund of Fulton County, upon payment into the funds of the prescribed percentage of the compensation paid to said Public Defender; 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 the Act entitled An Act to provide for the retirement of the judges and the solicitor general of the Criminal Court of Fulton County.....and for other purposes approved January 31, 1946, as heretofore amended, be further amended by adding thereto a new section to be known as section 1(a) as follows:
Page 2310
Section 1(a). The Public Defender of such county shall be eligible for membership in the Judges and Solicitors General Retirement Fund of Fulton County, upon payment into the fund of the prescribed percentage of the compensation paid to said Public Defender, as prescribed by existing and future provisions of said Act. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation, and an affidavit or certificate of the publisher, showing the publication of such notice as required by law, are attached hereto and made a part of this bill, and it is hereby declared that all 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968 Session of the General Assembly of Georgia a bill to amend an Act providing for the retirement of the Judges and the Solicitor General of the Criminal Court of Fulton County..... approved January 31, 1946 (Ga. L. 1946, p. 299 et seq.) so as to provide that the Public Defender of Fulton County shall be eligible for membership under said system, and for other purposes. This 28th day of December, 1967. Harold Sheats County Attorney, Fulton County Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally
Page 2311
came Bessie K. Crowell, who, being first duly sworn, according to law, says that he 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 28th days of December, 1967, and on the 4, 11th days of January, 1968. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 11th day of January, 1968. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 17, 1971. (Seal). Approved March 19, 1968. CITY OF WHITESBURGCHARTER AMENDED. No. 748 (House Bill No. 1368). An Act to amend an Act incorporating the Town of Whitesburg, approved December 15, 1894 (Ga. L. 1894, p. 196), as amended by an Act approved February 19, 1951 (Ga. L. 1951, p. 2523), so as to change the date for electing the mayor and council; to change their term of office; to change the corporate limits of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Whitesburg, approved December 15, 1894 (Ga. L. 1894, p. 196), as amended by an Act approved February 19, 1951 (Ga. L. 1951, p. 2523) is hereby amended by striking in the first sentence of section III the following: January, 1895 and inserting in lieu thereof the following: December, 1968
Page 2312
and by striking in the next to the last sentence of section III the following: shall be for one year and inserting in lieu thereof the following: shall be for two years so that when so amended section III shall read as follows: Section III. Be it further enacted, that on the first Saturday in December, 1968, and annually thereafter on the first Saturday in each year, an election shall be held in said town at such place as other elections are usually held therein for a mayor and four councilmen. No person shall vote in such election or be eligible to the office of mayor or councilmen who is not qualified to vote for members of the General Assembly, and who has not paid all fines and taxes due said town, and who has not been a bona fide resident thereof for six months prior to such election. Such elections, and elections to fill vacancies, shall be held by three freeholders of said town who are not candidates, in the same manner as elections are held for members of the General Assembly, and the candidates receiving a majority of the votes cast shall be declared elected to the offices for which they were severally candidates, and the managers of such election shall issue certificates of election accordingly; and before entering upon their duties such mayor and councilmen shall take and subscribe the following oath, to wit: I do solemnly swear that I will execute the laws and ordinances of the town of Whitesburg, to the best of my ability and understanding, so help me God. The term of office of mayor and councilmen shall be for two years and until their successors are elected and qualified. If a vacancy occurs in either of said offices by death, resignation, removal beyond the limits of said town, or otherwise, the remaining officers shall, within ten days thereafter, order an election to fill such vacancy. Elections, etc. Section 2. Said Act is further amended by adding between section IV and section V a new section to be known as section IVA to read as follows: Section IVA. Hereinafter the city limits of the City of Whitesburg, Georgia, shall include all of the area heretofore contained within the City of Whitesburg, Georgia, and shall also contain all of that area bounded by lines running
Page 2313
parallel to U. S. Highway No. 27, Alternate, also known as Georgia Highway No. 16, at a distance of one-half mile on either side from the center line of said highway as it exists on January 1, 1968, and bounded on the southeast by the Chattahoochee River and on the northwest by a line perpendicular to the center line of U. S. Highway No. 27, Alternate at a point where said center line intersects the east line of Land Lot No. 18 of the fourth district of Carroll County, Georgia. Corporate limits. 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 General Assembly of Georgia at the 1968 Session a bill seeking to amend the Charter of the Town of Whitesburg, Georgia, by changing the time of electing the mayor and councilmen and the term of office of said officials and for the extension of the city limits of said town and for other purposes. This 2nd day of January, 1968. Jack E. Threadgill William J. Wiggins, Representatives, 32nd District Carroll County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Wiggins who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Carroll County Georgian which is the official organ of Carroll County County, on the following dates: January 4, 11 and 18, 1968.
Page 2314
/s/ William J. Wiggins Representatives, 32nd District Sworn to and subscribed before me, this 6th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 20, 1968. HANCOCK COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 749 (House Bill No. 581). 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), as amended, particularly by an Act approved February 18, 1964 (Ga. L. 1964, p. 2087), so as to provide an expense allowance for the tax commissioner to hire clerical help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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), as amended, particularly by an Act approved February 18, 1964 (Ga. L. 1964, p. 2087), is hereby amended by adding at the end of section 4 the following:
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In addition to the compensation provided above, the tax commissioner shall also receive the sum of $1,000.00 per annum, payable in equal monthly installments from the funds of Hancock County, for the purpose of hiring clerical help for said office., 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. In addition to the compensation provided above, the tax commissioner shall also receive the sum of $1,000.00 per annum, payable in equal monthly installments from the funds of Hancock County, for the purpose of hiring clerical help for said office. Section 2. The provisions of this Act shall become effective on January 1, 1969. 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, 1967 Session of the General Assembly of Georgia, a bill 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), as amended, so as to change the compensation of the tax commissioner; and for other purposes. This 21 day of January 1967. Marvin E. Moate Representative, 39th District
Page 2316
Personally appeared before the undersigned attesting officer, G. B. Moore, Sr., publisher and owner of the Sparta Ishmaelite, legal organ for Hancock County, who after being duly sworn, deposes and says that the above advertisement was published in his paper, January 26th, Feb. 2nd and Feb. 9th 1967. /s/ G. B. Moore, Sr. /s/ J. L. Williams, N. P. My Commission expires Jan. 3, 1968. (Seal). Approved March 21, 1968. CITY OF SPRINGFIELDCHARTER AMENDED. No. 750 (House Bill No. 858). An Act to amend an Act incorporating the City of Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended, so as to change the date of the election for mayor and aldermen; to change the provisions relative to qualifications and registration of voters; 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 Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended, is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. Be it further enacted (a) The term of mayor of said City of Springfield shall be two years and until his successor is elected and qualified, and the term of aldermen of said City shall be for two years, and until their successors are elected and qualified. Terms of offices, etc.
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(b) The mayor and aldermen now in office shall fill their offices for the term thereof to which they were elected. On Tuesday after the first Monday in November, 1968, an election for mayor and three aldermen shall be held to take office the first Wednesday in January, 1969, for a term to expire the first Monday in January, 1971, and on Tuesday after the first Monday in November, 1969, an election for three aldermen shall be held to take office the first Wednesday in January, 1970, for a term to expire the first Monday in January, 1972. (c) After the election held on Tuesday after the first Monday in November, 1969, the terms of mayor and three aldermen shall be for two years to expire on the first Monday in January in odd numbered years, and the terms of three aldermen shall be for two years to expire on the first Monday in January of alternating or even numbered years. All elections for Mayor and aldermen shall be held on Tuesday after the first Monday in November in the year immediately preceding January first of the year of the expiration of the term to which the incumbents were elected. (d) Annually at the first meeting of the mayor and aldermen after their election and qualification, or any subsequent meeting, they shall elect from the board of aldermen a mayor pro tem, whose term of office shall be for one year, and annually thereafter at the first regular meeting after the election of a mayor and three aldermen, or three aldermen only, as the case may be, a mayor pro tem shall be elected from the board of aldermen. In the event a vacancy occurs in the office of mayor or aldermen from any cause, the city council shall select and elect some fit and proper person for said vacancy, and by resolution declare him chosen to fill the vacancy. If the office of mayor pro tem shall from any cause become vacant, the city council shall elect one of the remaining aldermen as mayor pro tem for the unexpired term. Section 2. Said Act is further amended by striking from section 6 the words, first Tuesday in January and inserting in lieu thereof the words. Tuesday after the first Monday
Page 2318
in November, so that when so amended section 6 shall read as follows: Section 6. Be it further enacted, that if for any reason there is a failure to have the regular election for mayor and aldermen at the regular time provided for in the charter, on the Tuesday after the first Monday in November, it shall be the duty of the city council to order an election as early as practicable thereafter by giving at least ten days' notice of the same by posting said notice at the door of the city hall and at the door of the post office in said city, and such election shall be held and managed, and the results declared in the same manner as at a regular election, as provided for hereinafter. Elections. Section 3. Said Act is further amended by striking section 19 in its entirety and substituting in lieu thereof a new section 19 to read as follows: Section 19. Be it further enacted, that on the first Monday in January after the election in November of the preceding year, or so soon thereafter as possible, the newly elected mayor and aldermen shall take the oath and assume their duties of office. Oath, etc. Section 4. Said Act is further amended by striking section 38 in its entirety and substituting in lieu thereof a new section 38 to read as follows: Section 38. Be it further enacted, that the mayor and aldermen shall provide for the registration of voters of said city; that the clerk of council shall be registrar and that the registration books shall be opened on September 15 of each year and kept open until October 15. This list shall constitute the qualified voters for general elections and all called elections except elections upon issuance of bonds, when the registration books shall be opened 30 days before the date called for the election upon the issue of bonds and closed 10 days before said election, and the newly registered voters together with the last annual list shall compose the qualified list of voters for the bond elections except that anyone moving out of the city shall lose his voting privilege. Those
Page 2319
entitled to registration shall be all persons 18 years of age or to become 18 years of age at or before the election to be held, and entitled to register to vote for members of the General Assembly of Georgia and have lived in the State for one year and the county and city for six months preceding the election, and has paid all taxes, licenses, fines and assessments legally due the City of Springfield at the time of registration. The mayor and aldermen shall prescribe an appropriate oath in accordance with the provisions of this section, to which all persons registering shall subscribe, and this registration list properly purged shall constitute the qualified voters for the City of Springfield. Voter registration. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is Hereby given that a Bill will be introduced in the 1968 session of the General Assembly of Georgia to change the charter of the City of Springfield and for other purposes. Jack W. Shuman, Representative in the General Assembly of Georgia from the Sixty-fifth District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Shuman who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of notice of intention to introduce local legislation was published in The Springfield Herald which is the official organ of Effingham County, on the following dates: December 8, 15, 22, 1967. /s/ Jack W. Shuman Representative, 65th District Sworn to and subscribed before me, this 8th day of January, 1968.
Page 2320
/s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. BRYAN COUNTYCOMPENSATION OF ORDINARY. No. 751 (House Bill No. 860). An Act to amend an Act supplementing the compensation received by the ordinary of Bryan County, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2436), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2489), so as to change the compensation to be paid to the ordinary of Bryan County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act supplementing the compensation received by the Ordinary of Bryan County, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2436), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2489), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. The county commissioner of Bryan County, or other officer of said county who may hereafter be in charge of the fiscal affairs of said county, is hereby authorized and directed to pay to the ordinary of Bryan County and his successors in office a monthly salary of one hundred fifty dollars ($150.00). Said salary shall be paid from the funds of Bryan County on the first day of each month. Compensation. Section 2. The provisions of this Act shall become effective on the first day of the month following the approval of this Act by the Governor or its otherwise becoming law. Effective date.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the 1968 session of the General Assembly of Georgia to change the compensation of the ordinary of Bryan County, and for other purposes. Jack W. Shuman, Representative in the General Assembly of Georgia from the Sixty-fifth District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Shuman who, on oath, deposes and says that he is Representative from the 65th District, 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 Bryan County, on the following dates: December 6, 13, 20, 1967. /s/ Jack W. Shuman Representative, 65th District Sworn to and subscribed before me, this 8th day of January, 1968. /s/ Pamela A. McIntye Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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CITY OF THOMASTON, UPSON COUNTYJOINT BOARD OF TAX ASSESSORS. No. 752 (House Bill No. 1007). An Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; to provide for the payment of the expenses of said board; to require that all property taxable by said city or county be returned to the Tax Commissioner of Upson County, Georgia, and that all taxes due thereon to said city or county be collected by said Tax Commissioner and to fix the time for returning said property and paying said taxes; to fix the amount of compensation to be paid by said city to said county for the expenses of operating said joint board and collecting said taxes; to fix the amount of said Tax Commissioner's compensation from said city for receiving and collecting said city's taxes; to provide the manner of enforcing said taxes; to authorize the use of joint tax forms and digest; to provide that this Act shall not extend to property which, under the general laws of this State, must be returned to the State Revenue Commissioner; to provide an effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by virtue of the authority thereof as follows: Section 1. The Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson are hereby consolidated and combined into the Joint Board of Tax Assessors of the City of Thomaston and the County of Upson for ad valorem tax purposes for the entire territorial area of said city and said county. Said board of tax assessors shall consist of four members, two of whom shall be resident freeholders of said city and shall be selected by the governing body of said city, and two of whom shall be resident freeholders of said county, but who may reside within any city located in said county, and who shall be
Page 2323
selected by the board of commissioners of said county. The members of the board of tax assessors of said city and county, at the time of the effective date of this Act, shall be and become members of the joint board created by this Act and shall serve out the respective terms for which they or either of them have been elected and until their successors are duly selected and qualified. The terms of office of the members of said joint board shall thereafter be one year and until a successor shall have been selected and qualified, unless a member becomes disqualified during his term of office or is removed at an earlier date, in which event the governing authority selecting such member shall select a successor to complete such unexpired term. Should there be more assessors either in the county or the city on the effective date of this Act than required for the organization of the joint board herein created, the governing authority of the city or the county having the extra assessor or assessors shall designate those who shall serve on the joint board herein created. Section 2. The members of such joint board of tax assessors shall, at any time, be subject to removal by the governing authority selecting such member for any act of malfeasance, misfeasance or nonfeasance in office, as well as for any conduct which, in the sale opinion of such governing authority selecting such member, is unbecoming to a member of such joint board of tax assessors and any such removal, when entered upon the minutes of such governing authority shall be final. Removal from office. Section 3. The members of said joint board shall hold no other county or municipal office. Members. Section 4. Said joint board of tax assessors shall be charged with all the duties and shall be vested with all the powers and authority granted to county tax assessors by the general laws of this State as the same shall now or hereafter exist. Duties, etc. Section 5. It shall be the function and duty of said joint board of tax assessors to fix and assess the value of all property located within said city for city ad valorem tax
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purposes and the value of all property located in said county for all state, county, school or other ad valorem tax purposes, shall give notice of assessments as provided by law and shall perform any and all other duties relating to the assessment of taxable property as may be appropriate and necessary. Same. Section 6. Said board of tax assessors shall adopt the rules for the transaction of its business and shall, at its organizational meeting, elect one of its members as chairman and another as the vice-chairman thereof. The chairman or the vice-chairman when he shall be presiding, shall be entitled to vote on any question before said joint board only in order to break a tie. Rules, etc. Section 7. The office space required for the operation of said board shall be supplied by said county and the employees required for efficient operation thereof shall be paid and their compensation fixed by said county and shall be selected by the joint board of tax assessors. Office space. Section 8. The members of the joint board of tax assessors shall be paid compensation for their services by the governing authority selecting them and the amount thereof shall be determined by the governing authority required to make such payment. Compensation. Section 9. Should said joint board of tax assessors find that any tax payer has failed to return his property or any part thereof that should have been returned or has undervalued any property, said board shall have all the powers with respect to such returns now or hereafter provided by the general laws of this State to county boards of tax assessors and shall proceed as thereby required to correct such returns. Duties. Section 10. The owners of all property taxable by said city or by said county shall make their returns for taxation thereof to the tax commissioner of Upson County, Georgia, in the same manner as may now or hereafter be provided by the general laws of this State for the return of property for taxation to the county tax receivers and all
Page 2325
city ad valorem tax due thereon, as well as all state, county, school or other ad valorem tax due thereon, shall be paid to and collected by said tax commissioner. The said tax commissioner shall keep full and complete records of all such transactions and shall, upon demand, furnish to said city a copy of all records and receipts made by him appertaining in any way to the collection by him of taxes due said city and said tax commissioner shall remit to said city all of said city's taxes so collected by him once each month on the 20th day of each month. Tax returns, etc. Section 11. The office space required for the efficient operation of said tax commissioner in the performance of his said duties, together with all office equipment and supplies necessary therefor, shall be furnished by said county and said county shall select and furnish, at its own expense, sufficient employees for the efficient operation of the office of said tax commissioner in the performance of the duties imposed on him by this Act. Tax commissioner. Section 12. Said tax commissioner shall give to said city a bond with good security thereon conditioned for the faithful performance of his duties in the collection of said city's taxes as herein provided, which bond shall be in the sum of twenty-five thousand dollars ($25,000.00), which bond shall in all respects be an official bond. Bond. Section 13. In the assessment of all property for taxation by said joint board and in the receiving of the returns of all of such property and the collection of the taxes thereon by said tax commissioner for said city and said county, each and every taxpayer shall have all the rights and be entitled to all the legal remedies, including arbitration, as may now or hereafter be provided by the general laws of this State to taxpayers in relation to the assessment, return and payment of county ad valorem taxes. Assessments, etc. Section 14. In any proceeding for the arbitration of the valuation of any property, the taxpayer shall be responsible for the compensation of the arbitrator selected by him. The arbitrator selected by the joint board of tax assessors shall be paid as a part of the expenses of said board and
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the umpire selected by the two arbitrators shall be paid fifty percent (50%) by the taxpayer and fifty percent (50%) by said board as provided in the case of other expenses of said board. Arbitration. Section 15. The said City of Thomaston, Georgia, shall pay to said County of Upson, a sum of money equal to one and one-half percentum (1%) of the total taxes collected by said tax commissioner on behalf of said City or seven thousand five hundred dollars (7500.00), whichever amount is lesser, as its share of the expense incurred in the receiving of the returns and collection of said ad valorem taxes by said tax commissioner during the first year that said city's taxes are collected by said tax commissioner, and during each year thereafter said city shall pay to said county as its share of the expenses thus incurred, a sum of money equal to one and one-half percentum (1%) of the total taxes collected by said tax commissioner on behalf of said city or seven thousand five hundred dollars ($7500.00), whichever is less, unless on or before August 1st of any year subsequent to such initial year the mayor and council of said city and the board of commissioners of roads and revenue of said county have agreed in writing that said city shall pay a greater or lesser sum of money or percentage of said city's taxes thus collected, and, in the event of such agreement, said city shall, during the year in which such agreement is had, and during each year thereafter and until such agreement is modified by another such agreement, pay to said county the percentage or the dollar amount thus fixed by such written agreement. The said City of Thomaston, Georgia, shall, in addition, pay directly to the tax commissioner, on or before December 31st of each year, the sum and amount of one thousand five hundred dollars ($1500.00) as his compensation for receiving and collecting said city's taxes, which sum shall be and remain the property of said tax commissioner. The sums herein provided to be paid by said city to said county and said tax commissioner shall constitute full and complete remuneration not only for said services of receiving and collecting said city's general ad valorem taxes but also shall constitute full and complete remuneration for said tax commissioner's services
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in collecting the ad valorem taxes due said city on motor vehicles and said tax commissioner shall not be entitled to receive any other or further sums from said city for collecting the ad valorem taxes due said city on motor vehicles. City's contribution to expense of tax collection. Section 16. The said City of Thomaston, Georgia, shall pay to said County of Upson, as its share of the expenses of operating and maintaining said joint board of tax assessors a sum of money equal to one-half () of all costs and expenses incurred by said county in the operation and maintenance of said joint board of tax assessors. Same. Section 17. The tax commissioner of Upson County, Georgia is hereby empowered to prepare and use, in fulfilling the duties imposed on him by the general laws of this State and by this Act, a joint city and county tax return form and joint city and county tax digest, and is further empowered to combine and consolidate into a joint city and county form any and all other forms, notices, statements, receipts and each and every other form or document now or hereafter required by law to be used by him either under this Act or any of the general laws of this State, provided, however, that all data relative to said city or said county on said joint forms shall be separately stated and not co-mingled. Joint tax digest. Section 18. The members of said joint board of tax assessors shall take and subscribe the oath now required of county tax assessors prior to entering upon the duties of such office. Oath. Section 19. The time for making the return of all of such property for said city ad valorem taxes and for said State, county, school or other ad valorem taxation to said tax commissioner and the due date of the taxes due thereon shall be as is now or may hereafter be provided by the general laws of this State for the return and payment of county taxes. Tax returns. Section 20. Should any of said city ad valorem taxes or any of said state, county, school or other ad valorem
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taxes not be paid when due, the payment thereof shall be enforced in the manner now or hereafter provided by the general laws of this State for the collection of county taxes; provided, however, all executions for said city's taxes shall be signed by the city clerk of said city and bear teste in the name of the mayor of said city, said City of Thomaston shall bear all the expenses of any and all legal procedures required to collect said city's ad valorem taxes; provided, further, that the chief of police or the city marshal of said City of Thomaston shall have all the powers and shall be charged with all the duties in the collection of said city's taxes as are now or may hereafter be granted to and imposed upon the sheriff in the collection of county ad valorem taxes. Collection of taxes. Section 21. The power of the joint board of tax assessors to assess property for taxation shall not be held to extend to any property which must be returned for taxation to the State Revenue Commissioner. Intent. Section 22. This Act is enacted pursuant to the terms and provisions of a certain amendment to the Constitution of Georgia, as amended, proposed by the General Assembly of Georgia of 1968, and submitted as is provided in Article XIII, Section I, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended, for vote thereon at the general election of 1968, which amendment gives to the General Assembly the power and authority to enact such legislation and this Act shall become effective only if said amendment to the Constitution shall be ratified and adopted at said general election of 1968 as provided by law, and, if so ratified and adopted, this Act shall become effective January 1, 1969. Authority. Section 23. All laws and parts of laws in conflict herewith are hereby repealed; provided, however, should this Act be held to be unconstitutional then the repeal of existing laws shall not be effective and all such laws shall remain of force as though this Act had not been passed. Intent. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of
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Georgia, a bill to consolidate and combine the board of tax assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; to provide for the payment of the expenses of said board; to require that all property taxable by said city or county be returned to the tax commissioner of Upson County, Georgia, and that all taxes due thereon to said city or county be collected by said tax commissioner and to fix the time for returning said property and paying said taxes; to fix the amount of compensation to be paid by said city to said county for the expenses of operating said joint board and collecting said taxes; to fix the amount of said tax commissioner's compensation from said city for receiving and collecting said city's taxes; to provide the manner of enforcing said taxes; to authorize the use of joint tax forms and digest; to provide that this Act shall not extend to property which, under the general laws of this State, must be returned to the State Revenue Commissioner; to provide an effective date of this Act; to repeal conflicting laws; and for other purposes. This 19th day of December, 1967. /s/ Johnnie L. Caldwell Representative in the General Assembly for 51st District of 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 advertisement 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 published in The Thomaston Times once a week for three
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weeks, as required by law, said dates of publication being December 28, 1967, January 4, 1968, and January 11, 1968. Thomaston Publishing Company By: Leon Smith Sworn to and subscribed before me, this 12 day of January, 1968. /s/ Ronald Barfield, Notary Public, Upson County, Georgia. My Commission expires Jan. 14, 1970. Approved March 21, 1968. CITY OF AUGUSTASALE OF ALLEN PARK. No. 753 (House Bill No. 1018). An Act to declare abandoned Allen Park in the City of Augusta; to authorize the sale thereof by the city council of Augusta for private purposes; 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 a certain tract of land in the City of Augusta, known as Allen Park, bounded generally by the Augusta Canal on the north, Walton Way on the south and 15th Street on the west, is hereby declared abandoned as a public park and all rights of the public to the use therein are hereby terminated. Abandoned. Section 2. That the city council of Augusta is hereby authorized and empowered to sell and convey all or such portions of the said Allen Park as it may from time to time determine, notice of such sales to be advertised once a week for two weeks prior to such sales, in the newspaper
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in Richmond County in which sheriff's advertisements are then being published. Sale. Section 3. That such sales shall be conducted either publicly or by means of sealed bids, as the city council may determine, and the property therein offered for sale shall be sold to the highest and best bidder, provided that all bids may be rejected if the highest bid offered is less than the value of the property offered for sale, as the same may be determined by the said city council. Same. Section 4. That the proceeds obtained from any such sale shall be used solely for capital improvements, as the city council may determine. Use of funds. Section 5. That all laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, Richmond County. Personally appeared, W. S. Morris III, who being duly sworn says that he is the president 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 LegislationBill to declare abandoned Allen Park in the City of Augustaattached hereto duly appeared in said newspaper on the following dates to wit: December-23-30-1967-January-6-1968. /s/ W. S. Morris III President Sworn to and subscribed before me, this 8th day of January, 1968. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly
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of Georgia a bill to declare abandoned Allen Park in the City of Augusta; to authorize the sale thereof by the city council of Augusta for private purposes; and for other purposes. Samuel C. Waller City Attorney The City Council of Augusta Approved March 21, 1968. CITY COURT OF LOWNDES COUNTYELECTION OF JUDGE AND SOLICITOR. No. 754 (House Bill No. 1060). An Act to amend an Act creating the City Court of Valdosta (now the City Court of Lowndes County), approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved March 15, 1967 (Ga. L. 1967, p. 2131), so as to provide for the election of the judge and solicitor of said court; to provide for terms; 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 Valdosta (now the City Court of Lowndes County), approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved March 15, 1967 (Ga. L. 1967, p. 2131), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Beginning with the general election in 1968 and each such election every four years, the judge and solicitor of the City Court of Lowndes County shall be elected by the voters of Lowndes County for terms of four years and until their successors are elected and qualified.
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The judge and solicitor shall take office on the first day of January immediately following their election. The judge and solicitor serving at the time this provision becomes effective shall serve through December 31, 1968. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lowndes County. Personally appeared before me the undersigned attesting officer, Tenney S. Griffin, who, after being duly sworn, on oath deposes and says that he is the Publisher of the Valdosta Daily Times, a newspaper having a general circulation and whose principal place of business is in said county, and that there has been deposited with said newspaper the cost of publishing three insertions of the foregoing notice of intention to introduce local legislation to change the method of electing the judge and solicitor thereof, and to provide for their election in the general election of 1968. This the 6th day of January, 1968. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 6th day of January, 1968. /s/ Floyd B. Moon, Notary Public Georgia State at Large. My Commission expires Sept. 20, 1968. (Seal). This is to certify that the attached notice of intention to introduce local legislation appeared in the Valdosta Daily Times on December 22 and 29, 1967, and on January 5, 1968. This 13th day of January, 1968. /s/ Tenney S. Griffin
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1968 session of the General Assembly of Georgia, a bill to amend an Act establishing the City Court of Valdosta, in and for the County of Lowndes, approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, so as to change the method of electing the judge and solicitor thereof, and to provide for their election in the general election of 1968. This the 20th day of December, 1967. Jim T. Bennett Jr. Representative 95th District Approved March 21, 1968. CHARLTON COUNTYDEPOSITORY FOR PUBLIC FUNDS. No. 755 (House Bill No. 1082). An Act to amend an Act abolishing the office of county treasurer for the County of Charlton, State of Georgia, and naming the county depository for the funds of said county, approved August 12, 1920 (Ga. L. 1920, p. 477), so as to authorize the governing authority of Charlton County to designate, by resolution, banking institutions located in Charlton County and legally qualified as a state depository under the laws of Georgia, as a depository for the public funds for Charlton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the office of county treasurer for the County of Charlton, State of Georgia, and naming the county depository for the funds of said county,
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approved August 12, 1920 (Ga. L. 1920, p. 477), 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 governing authority of Charlton County is hereby authorized to designate, by resolution, banking institutions located in Charlton County and legally qualified as a state depository under the laws of Georgia, as a depository for the public funds of Charlton 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 there will be introduced at the next session of the General Assembly of Georgia which will convene Monday, January 8, 1968, a Bill to amend the charter of Charlton County, Georgia, by authorizing the board of commissioners of roads and revenues in and for Charlton County to designate by resolution banking institutions in Charlton County, legally qualified under the laws of Georgia as the depository of public funds, the official county depository of public funds coming into the hands of the treasurer of said county; to repeal conflicting laws; and for other purposes. Said Bill will be introduced at the request of the Charlton County board of commissioners of roads and revenue, the governing body of said county, contained in a resolution duly passed, adopted and of record. This 18th day of December, 1967. Robert W. Harrison, Jr. State Representative 98th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison,
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Jr. who, on oath, deposes and says that he is Representative from the 98th District, 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 Charlton County, on the following dates: December 28, 1967 and January 4th and 11th, 1968. /s/ Robert W. Harrison, Jr. Representative, 98th District Sworn to and subscribed before me, this 17 day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CHARLTON COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 756 (House Bill No. 1083). An Act to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, approved March 1, 1960 (Ga. L. 1960, p. 2229), so as to authorize the governing authority of Charlton County to fix the salaries of the deputies employed by the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, approved March 1, 1960 (Ga. L. 1960, p. 2229), is hereby amended by striking section 2
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in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the sheriff of Charlton County shall be $10,000.00 a year, to be paid in equal monthly installments from the funds of Charlton County. The sheriff may hire two deputies who shall be paid such salaries as may be fixed by the governing authority of Charlton County from the funds of Charlton County. The sheriff may employ such additional deputies as he deems necessary and set their compensation, which shall be paid out of the salary provided for said sheriff. The necessary automobile, gasoline, equipment and supplies of the office of sheriff shall be provided by the fiscal authorities of Charlton County and paid from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the next session of the General Assembly of Georgia which will convene Monday, January 8, 1968, a Bill to grant unto the board of commissioners of roads and revenues of Charlton County, the tax levying authority of said county, the authority to appoint, employ, fix the compensation and terms of deputies, clerks, assistants and other personnel in the office of the clerk of superior court of said county; to repeal conflicting laws; and for other purposes. Said Bill will be introduced at the request of the Charlton County board of commissioners of roads and revenues, the governing body of said county, contained in a resolution duly passed, adopted and of record. This 18th day of December, 1967. Robert W. Harrison, Jr. State Representative 98th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority,
Page 2338
duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 98th District, 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 Charlton County, on the following dates: December 28, 1967 and January 4th and 11th, 1968. /s/ Robert W. Harrison, Jr. Representative, 98th District Sworn to and subscribed before me, this 17 day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. COLUMBIA COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 757 (House Bill No. 1109). An Act to amend an Act creating a board of commissioners of roads and revenues for Columbia County, approved October 18, 1927 (Ga. L. 1927, p. 549), as amended, particularly by an Act approved July 27, 1929 (Ga. L. 1929, p. 591), so as to increase the membership of the board; to provide for the election of the commissioners; 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 a board of commissioners of roads and revenues for Columbia County, approved October
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18, 1927 (Ga. L. 1927, p. 549), as amended, particularly by an Act approved July 27, 1929 (Ga. L. 1929, p. 591), is hereby amended by striking in their entirety sections 1, 2 and 2a and substituting in lieu thereof the following: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that there shall be established in the County of Columbia a board of commissioners of roads and revenues which shall be composed of five (5) members to be elected as hereinafter provided. For the purposes of electing members of the board, Columbia County is divided into five (5) road districts as follows: Created, members, etc. Road District No. 1 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 125 (Evans). Road District No. 2 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 125-A (Martinez). Road District No. 3 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 128 (Harlem). Road District No. 4 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 1285 (Grovetown) and Georgia Militia District No. 126 (Sardis) (Kiokee). Road District No. 5 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 135 (Hazen), and Georgia Militia District No. 134 (Leah) (Dunn Chapel), Georgia Militia District No. 129 (Appling) and Georgia Militia District No. 131 (Winfield). There shall be elected to the board one member from each of said districts. Candidates may not offer for election to the board from any district other than that district
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in which their legal residence lies. The electors of the entire county may cast their votes for candidates offering for election to the board from all the districts. Elections. Section 2. The first election for members of the board of commissioners of roads and revenues of Columbia County shall be held in the general election of 1968. Candidates elected to the board shall take office on the first day of January following their election and shall serve for a term of office of four (4) years and until their successors are duly elected and qualified. Thereafter, successors to the initial members of the board shall be elected in the general election in which their terms of office shall expire and they shall take office on the first day of January following their election and shall serve for a term of office of four (4) years and until their successors are duly elected and qualified. Terms. Section 2a. Candidates offering for election to the board who wish to serve as chairman shall qualify with the ordinary by indicating their intention to offer for election as chairman of the board of commissioners of roads and revenues of Columbia County. In order to be elected chairman, a candidate must receive a majority of the votes cast for candidates offering for election from his road district and at the same time receive the highest number of votes cast for candidates offering as chairman. The chairman shall serve as such for a four (4) year term of office. In the event a chairman shall not be elected as provided for above, at the first meeting of the board held after their election, the commissioners shall elect one of their number to serve as chairman for the next ensuing four (4) years. Chairman. Section 2. The provisions of this Act, except those provisions of section 1 which pertain to the election of the members of the board of commissioners of roads and revenues of Columbia County in the general election of 1968, shall take effect on January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Columbia County, so as to increase the membership of the board; to provide for the districting of the county into five road districts and to provide for the election of a member from each district, and for other purposes. This 16th day of December, 1967. Glenn S. Phillips Representatives, 41st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn S. Phillips who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of notice of intention to introduce local legislation was published in The Columbia News which is the official organ of Columbia County, on the following dates: January 4, 11 and 18, 1968. /s/ Glenn S. Phillips Representatives, 41st District Sworn to and subscribed before me, this 24th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968.
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CITY OF FOLKSTONCORPORATE LIMITS, REFERENDUM. No. 758 (House Bill No. 1113). An Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, State of Georgia, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended by an Act approved August 26, 1931 (Ga. L. 1931, p. 781), an Act approved February 14, 1950 (Ga. L. 1950, p. 2373), an Act approved January 31, 1951 (Ga. L. 1951, p. 2046), an Act approved January 31, 1951 (Ga. L. 1951, p. 2054), an Act approved February 20, 1951 (Ga. L. 1951, p. 2688), an Act approved March 28, 1961 (Ga. L. 1961, p. 2539) and an Act approved February 28, 1966 (Ga. L. 1966, p. 2530), so as to increase and extend the corporate territorial 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 and establishing a new charter for the City of Folkston in the County of Charlton, State of Georgia, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended by an Act approved August 26, 1931 (Ga. L. 1931, p. 781), an Act approved February 14, 1950 (Ga. L. 1950, p. 2373), an Act approved January 31, 1951 (Ga. L. 1951, p. 2046), an Act approved January 31, 1951 (Ga. L. 1951, p. 2054), an Act approved February 20, 1951 (Ga. L. 1951, p. 2688), an Act approved March 28, 1961 (Ga. L. 1961, p. 2539) and an Act approved February 28, 1966 (Ga. L. 1966, p. 2530), is hereby amended by adding at the end of section 3 a new subsection to be known as subsection (c) to read as follows: (c) There is hereby added to the corporate limits of said City of Folkston the following described territory: Beginning at a point established by a concrete marker designating the corner of the east boundary of the existing city limits and from said point of beginning running in a
Page 2343
northeasterly direction along and following a straight line to the point of intersection of the west right-of-way line of Pine Drive, located in Pinehurst subdivision, with the south right-of-way line of State Highway No. 40; thence, running in an easterly direction along and following said south right-of-way line to State Highway No. 40 to the point of intersection with the east right-of-way line of Pinkney Drive; thence, running in a southeasterly direction along and following said east right-of-way line of Pinkney Drive to a point 200 feet south of the south right-of-way line of Fern Drive; thence, running in a southwesterly direction along and following a straight line 200 feet south of said south right-of-way line of said Fern Drive to a point 300 feet west of the west right-of-way line of Rose Avenue; thence, running in a northwesterly direction along and following a straight line 300 feet west of and parallel to said west right-of-way line of Rose Avenue to said point of beginning. Section 2. 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 Folkston to issue the call for an election for the purpose of submitting this Act to the qualified voters of the City of Folkston and to the qualified voters living within the territorial limits of the area proposed to be annexed by this Act for approval or rejection. The governing authority shall set the date of such election for the second Wednesday in September 1968. 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 Folkston. The ballot shall have written or printed thereon the words: For approval of the Act amending the charter of the City of Folkston by increasing and extending the corporate territorial limits as described therein. Referendum. Against approval of the Act amending the charter of the City of Folkston by increasing and extending the corporate territorial limits described therein.
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All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If 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 Folkston. It shall be the duty of the governing authority to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia which convenes on January 8, 1968 a local bill adding to the present city limits of the City of Folkston, Georgia the following territory: Beginning at a point established by a concrete marker designating the corner of the east boundary of the existing city limits and from said point of beginning running in a northeasterly direction along and following a straight line to the point of intersection of the west right-of-way line of Pine Drive, located in Pinehurst subdivision, with the south right-of-way line of State Highway No. 40; thence, running in an easterly direction along and following said south right-of-way line to State Highway No. 40 to the point of intersection with the east right-of-way line of Pinkney Drive; thence, running in a southeasterly direction along and following said east right-of-way line of Pinkney Drive to a point 200 feet south of the south right-of-way line of Fern Drive, thence, running in a southwesterly direction along and following a straight line 200 feet south of said
Page 2345
south right-of-way line of said Fern Drive to a point 300 feet west of the west right-of-way line of Rose Avenue; thence, running in a northwesterly direction along and following a straight line 300 feet west of and parallel to said west right-of-way line of Rose Avenue to said point of beginning; to provide for a referendum; to repeal conflicting laws; and for other purposes. The above local legislation will be introduced pursuant to request for same contained in a resolution duly passed and adopted by the mayor and council of the City of Folkston which is on file and of record. This 28th day of December 1967. Robert W. Harrison, Jr. State Representative, 98th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 98th District, 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 Charlton County, on the following dates: January 4, 11, 18, 1968. /s/ Robert W. Harrison, Jr. Representative, 98th District Sworn to and subscribed before me, this 25th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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CITY OF FOLKSTONAUTHORITY TO ABANDON NAMED STREETS. No. 759 (House Bill No. 1114). An Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, State of Georgia, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended by an Act approved August 26, 1931 (Ga. L. 1931, p. 781), an Act approved February 14, 1950 (Ga. L. 1950, p. 2373), an Act approved January 31, 1951 (Ga. L. 1951, p. 2046), an Act approved January 31, 1951 (Ga. L. 1951, p. 2054), an Act approved February 20, 1951 (Ga. L. 1951, p. 2688), an Act approved March 28, 1961 (Ga. L. 1961, p. 2539) and an Act approved February 28, 1966 (Ga. L. 1966, p. 2530) so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; to authorize and empower the city to execute and deliver its deeds conveying the title to such abandoned and closed streets and alleys to corporations, boards and individuals owning adjacent lands; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Folkston in the County of Charlton, State of Georgia, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended by an Act approved August 26, 1931 (Ga. L. 1931, p. 781), an Act approved February 14, 1950 (Ga. L. 1950, p. 2373), an Act approved January 31, 1951 (Ga. L. 1951, p. 2046), an Act approved January 31, 1951 (Ga. L. 1951, p. 2054), an Act approved February 20, 1951 (Ga. L. 1951, p. 2688), an Act approved March 28, 1961 (Ga. L. 1961, p. 2539) and an Act approved February 28, 1966 (Ga. L. 1966, p. 2530), is hereby amended by adding immediately following section 52 a new section to be known as section 52A to read as follows: Section 52A. The mayor and councilmen of the City of Folkston, Georgia, are hereby authorized and empowered to
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permanently close, abandon and abolish those certain portions or sections of the following streets and alleys in said city, to wit: Mallard Street from the west right-of-way line of Allen Avenue to the east right-of-way line of Mills Street; Roddenberry Street from the west right-of-way line of Stokes Avenue to the east right-of-way line of Allen Avenue; Roddenberry Street from the west right-of-way line of Allen Avenue to the east right-of-way line of Mills Street; Stokes Avenue from the south right-of-way line of Roddenberry Street to the north right-of-way line of Old Dixie Highway; a public access eight (8) foot alley from the south right-of-way line of Roddenberry Street to the north right-of-way line of the Old Dixie Highway. The City of Folkston is hereby authorized and empowered to execute and deliver its deeds conveying the title of the above-mentioned portions of city streets to corporations, boards and individuals owning adjacent lands. Section 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 on January 8, 1968 a bill to authorize and empower the City of Folkston to abandon and close by ordinance the following portion of streets and alleys: Mallard Street from the west right-of-way of Allen Avenue to the east right-of-way line of Mills Street; Roddenberry Street from the west right-of-way line of Stokes Avenue to the east right-of-way line of Allen Avenue; Roddenberry Street from the west right-of-way line of Allen Avenue to the east right-of-way line of Mills Street; Stokes Avenue from the south right-of-way line of Roddenberry Street to the north right-of-way line of the Old Dixie Highway; a public access eight (8) foot alley from the south right-of-way line of Roddenberry Street to the north right-of-way line of the Old Dixie Highway; to authorize and empower the city to execute and deliver its deed conveying the title to said abandoned and closed streets and alleys to corporations, boards and individuals owning adjacent lands; to repeal conflicting laws and for other purposes.
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The above local legislation will be introduced pursuant to request for same contained in a resolution duly passed and adopted by the mayor and council of the City of Folkston which is on file and of record. This 28th day of December, 1968. Robert W. Harrison, Jr. State Representative, 98th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 98th District, 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 Charlton County, on the following dates: January 4, 11, 18, 1968. /s/ Robert W. Harrison, Jr. Representative, 98th District Sworn to and subscribed before me, this 24th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TOWN OF ALLENTOWNCORPORATE LIMITS. No. 760 (House Bill No. 1124). An Act to amend an Act establishing a new charter for the Town of Allentown, approved March 9, 1956 (Ga. L. 1956, p. 3385), as amended, so as to change the corporate limits
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of said town; 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 Allentown, approved March 9, 1956 (Ga. L. 1956, p. 3385), as amended, is hereby amended by striking from section 2 the following: Three quarters (3/4) of a mile, and substituting in lieu thereof the following: One (1) mile, 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 Town of Allentown are hereby fixed as follows, to wit: One (1) mile in every direction from the center point between the rails of the Macon, Dublin and Savannah Railroad at the public highway crossing of the public road between the Four County Bank and the H. C. Melton store lot in the Town of Allentown. 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 1968 Session of the General Assembly of Georgia, a bill to amend the charter of the Town of Allentown, Georgia, the title of such bill to be as follows: An Act to amend an Act approved January 16, 1956, (Ga. L. 1956, p. 3385), entitled An Act to establish a new charter for the Town of Allentown, in the County of Wilkinson and the County of Twiggs, so as to extend the town limits of the Town of Allentown, Georgia, and to annex a certain area to the town limits of said town, and for other purposes. This 8th day of January, 1968. /s/ A. T. Land, Sr. Representative, Wilkinson and Twiggs Counties, Georgia
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Georgia, Wilkinson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Land, Sr., who, on oath, deposes and says that he is Representative from Wilkinson and Twiggs Counties, 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: January 11, 18, 25, 1968. /s/ A. T. Land, Sr. Representative, Wilkinson and Twiggs Counties Sworn to and subscribed before me, this 27 day of Jan., 1968. /s/ Johnnie A. Sanders, Notary Public, Georgia, State at Large. My Commission expires Feb. 21, 1971. (Seal). Approved March 21, 1968. TOWN OF DASHERCHARTER AMENDED. No. 761 (House Bill No. 1130). An Act to amend an Act creating and incorporating the Town of Dasher in the County of Lowndes and the State of Georgia, and granting a charter to that municipality under that name and style, approved March 14, 1967 (Ga. L. 1967, p. 2118), so as to redefine the corporate limits of the Town of Dasher; to remove certain provisions relating to the mayor of the Town of Dasher; to provide that two councilmen voting in the affirmative may override the veto of the clerk; to name S. R. Lynds as alternate interim clerk in lieu of Clifford Lynds; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and incorporating the Town of Dasher in the County of Lowndes and the State of Georgia, and granting a charter to that municipality under that name and style, approved March 14, 1967 (Ga. L. 1967, p. 2118), is hereby amended by striking from section 2 the number 1300 wherever it shall appear and inserting in lieu thereof the number 1500, so that when so amended section 2 shall read as follows: Section 2. The corporate limits of the Town of Dasher shall be and are defined to be one and five tenths (1 5/10) miles in north and south direction from the courthouse of the 1500 District G. M. and eight tenths (8/10) of one mile east and west, from the courthouse of the 1500 District G. M. Corporate limits. Section 2. Said Act is further amended by striking from section 6 the word mayor and inserting in lieu thereof the word clerk, so that when so amended section 6 shall read as follows: Section 6. On all questions before the town council the clerk shall be entitled to vote only in case of a tie, and not otherwise; provided, however, that every ordinance and resolution passed and every appointment or election of an officer or employee by the said town council shall be subject to the veto of the clerk in the following manner: The clerk shall within three (3) days write out his objection to such resolutions, ordinance appointment, or election and the said town council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered into the minutes and take a vote on the question of whether said ordinance, resolution or otherwise action shall be adopted over said veto. Should as many as two (2) councilmen vote in the affirmative, said resolution, ordinance, or other action shall stand affirmed and become effective without the approval of the clerk; otherwise, not. The ayes and nays shall in all cases be entered in the minutes. Clerk.
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Section 3. Said Act is further amended by striking from section 7 the name Clifford Lynds and inserting in lieu thereof the name S. R. Lynds, so that when so amended section 7 shall read as follows: Section 7. There be and is hereby designated and named George Moulton, Interim Clerk of Dasher, who shall immediately take office upon the approval of this Act as hereinafter provided, upon taking the oath of office herein prescribed, and within forty-five (45) days after assuming such office, such interim clerk shall open the registration books for all qualified voters of the Town of Dasher, and at the end of said forty-five (45) day period, the interim clerk shall close the registration books and provide for a time and place for a meeting by the town assembly by giving ten (10) days public notice, immediately after closing said registration books and such meeting of the town assembly to be held on some evening other than Wednesday or Sunday; and at which meeting the town assembly shall elect by majority vote a town clerk and three town councilmen to serve until their successors are elected and qualified at an election held in said town as provided in section 8 of this Act or until a vacancy occurs as provided in section 9 of this Act. In the event that the said George Moulton fails for any reason to qualify or accept the position of interim clerk as above provided, S. R. Lynds is hereby named as alternate interim clerk to fulfill the same duties and under the same conditions as above prescribed. Interim clerk. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lowndes County. Personally appeared before me the undersigned attesting officer, Tenney S. Griffin, who, after being duly sworn, on oath deposes and says that he is the publisher of the Valdosta Daily Times, a newspaper having a general circulation and whose principal place of business is in said county, and that there has been deposited with said newspaper the cost of publishing three insertions of the foregoing
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notice of intention to introduce local legislation, a bill to amend the charter of the Town of Dasher; and for other purposes. This the 27th day of January, 1968. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 27th day of January, 1968. /s/ Hazel Pollard, Notary Public, Lowndes County, Ga. My Commission expires March 14, 1971. (Seal). This is to certify that the attached notice of intention to introduce local legislation appeared in the Valdosta Daily Times on January 12, 19, 26, 1968. /s/ Tenney S. Griffin Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to amend the charter of the Town of Dasher; and for other purposes. This 27th day of December, 1967. Jim T. Bennett, Jr. Representative, 95th District Approved March 21, 1968. DAWSON COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES. No. 762 (House Bill No. 1134). An Act to amend an Act creating the office of commissioner of roads and revenues of the County of Dawson, approved February 5, 1952 (Ga. L. 1952, p. 2068), as amended, by an Act approved March 20, 1963 (Ga. L.
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1963, p. 2445), so as to change the compensation of the commissioner of roads and revenues of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues of the County of Dawson, approved February 5, 1952 (Ga. L. 1952, p. 2068), as amended, by an Act approved March 20, 1963 (Ga. L. 1963, p. 2445), is hereby amended by striking from section 5 the words, symbols and figure three thousand six hundred ($3,600.00) and inserting in lieu thereof the words, symbols and figure four thousand eight hundred ($4,800.00, so that section 5 when so amended shall read as follows: Section 5. That said commissioner shall devote his full time to the business and interest of said Dawson County in the performance and discharge of his duties, and shall receive as compensation the sum of four thousand eight hundred ($4,800.00) dollars per annum. This compensation shall be paid in equal monthly installments out of the general funds of the county. Said commissioner shall have and maintain an office for the transaction of business at the courthouse in Dawson County, provided there is an available room in said courthouse; otherwise at some convenient place near the courthouse. The office of said commissioner shall remain open during the regular hours of business on all days except Sundays and holidays. The commissioner is hereby authorized to purchase for the county, to be paid for from the general funds of the county, a truck to be used by the commissioner but only in the performance of his official duties. The county shall pay for the operation, upkeep and maintenance of said truck. 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 1968 session of the General Assembly of Georgia a bill
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to amend an act creating the office of commissioner of roads and revenue of the County of Dawson, approved February 5, 1952, (Ga. L. of 1952, page 2068), as amended, so as to change the compensation of the commissioner of roads and revenue of Dawson County and for other purposes. Signed this 26th day of December, 1967. James A. Otwell, Jr. Representative of the 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James A. Otwell, Jr. who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in The Dawson County News which is the official organ of Dawson County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ James A. Otwell, Jr. Representative, 10th District Sworn to and subscribed before me, this 29th day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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BUTTS COUNTYCOMPENSATION OF TAX COLLECTOR, ETC. No. 763 (House Bill No. 1137). An Act to amend an Act changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary, approved January 27, 1961 (Ga. L. 1961, p. 2014), as amended, by an Act approved February 28, 1966 (Ga. L. 1966, p. 2398), so as to change the method of compensating the tax collector of Butts County; to provide for additional clerical assistance for the tax collector of Butts County; to provide for the method of employing such personnel; 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 tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary, approved January 27, 1961 (Ga. L. 1961, p. 2014), as amended, by an Act approved February 28, 1966 (Ga. L. 1966, p. 2398), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The tax collector of Butts County shall receive an annual salary of five thousand ($5,000.00) dollars per annum payable in equal monthly installments from the funds of Butts County. Such compensation shall be in lieu of all fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind heretofore received by the tax collector of Butts County. Salary. 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. The commissioners of roads and revenues of Butts County, Georgia, shall provide necessary books, records,
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stationery, postage and other office supplies for the tax collector of Butts County, to be paid out of the general funds of said county. The tax collector shall be permitted to hire such clerical help to assist in performing the duties of said office as he shall deem necessary and said clerical help shall be paid such compensation and in such installments as may be mutually agreed upon by the tax collector and a majority of the commissioners of roads and revenues for Butts County. The compensation provided in this section shall be paid out of the funds of Butts County. Office expense, clerical help. 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 regular 1968 Session of the General Assembly of Georgia, a bill changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary approved January 27, 1961 (Ga. L. 1961, p. 2014) as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2398) and an Act approved April 21, 1967 (Ga. L. 1967, p. 3472), so as to change the method of compensating the tax collector; to change the method of compensating the clerical employees of the tax collector; and for other purposes. This 8th day of January, 1968. Harold G. Clarke 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 the 45th District, and that the attached copy of notice of intention to introduce local legislation was published
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in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 11, 18, 25, 1968. /s/ Harold G. Clarke Representative, 45th District Sworn to and subscribed before me, this 20th day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. COMPENSATION OF COURT REPORTERS IN CERTAIN COUNTIES (500,000 OR MORE). No. 764 (House Bill No. 1143). An Act to provide definite and uniform compensation to be paid to court reporters for the preparation of criminal and civil transcripts in counties of the State having a population of 500,000 or more, according to the United States Census of 1960, or any future Federal Census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That in all counties of the State of Georgia having a population of 500,000 or more, according to the United States Census of 1960, and any future United States census, official court reporters shall be paid the following compensation for preparation of criminal and civil transcripts in the superior courts, and in the County Courts of said county:
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For each legal page 8 x 14 and having thereon at least 23 lines, the sum of sixty (60) cents per page for each transcript copy required by law under Code section 6-805 (Ga. L. 1965, p. 18 as amended, and subsequent amendments); and the further sum of thirty (30) cents per page for such additional copy or copies as may be ordered by any party or parties; provided, however, when the copies are requested by any State or county officer, the copy shall be furnished at actual cost of duplication, and when duplicated by the officer, a copy shall be furnished without expense. Section 2. Be it further enacted that the rate to be paid to court reporters for civil cases in the superior court and county courts of the counties covered by this Act shall not exceed 20 per 100 words for take-down, and $1.10 per legal page (8 x 14), and having at least 23 lines, for the transcript of the proceedings and evidence as required by an appellant. Any additional copy or copies of the appellant's transcript which may be ordered by an appellee, or any other person, shall not exceed the rate of 30 per page of such transcript. Be it further enacted that in all transcripts covered by this Act, an exhibit page shall be compensated at the same rate as the transcript pages, regardless of the number of lines involved, provided the cost of reproducing an exhibit, whether by carbon or photostatic reproduction, shall be borne by the court reporter. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 21, 1968. CITY OF THOMASVILLEBOARD OF EDUCATION. No. 765 (House Bill No. 1145). An Act to amend an Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900, (Ga. L. 1900, p. 451), as amended by Acts approved
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July 20, 1904, (Ga. L. 1904, p. 328), August 19, 1911, (Ga. L. 1911, p. 1599), August 7, 1914, (Ga. L. 1914, p. 1205), July 30, 1915, (Ga. L. 1915, p. 852), July 29, 1919, (Ga. L. 1919, p. 1360), March 9, 1945, (Ga. L. 1945, p. 1111), March 9, 1945, (Ga. L. 1945, p. 1127), February 9, 1949, (Ga. L. 1949, p. 396), April 5, 1961, (Ga. L. 1961, Vol. II, p. 3451), February 27, 1962, (Ga. L. 1962, p. 2301), and March 14, 1967, (Ga. L. 1967, Vol. II, p. 2115), so as to provide that henceforth citizens elected to the board of education for the City of Thomasville shall be chosen to fill seven distinct and designated posts; that these shall be seven consecutively numbered posts to be filled, to-wit: posts numbered one, two, three, four, five, six, and seven; to provide that these posts shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city; to provide that each candidate shall indicate the post to which he seeks election; that at the general election held in the year 1969, there shall be chosen a candidate to fill each of the posts numbered one, two, and three; that they shall be elected for a term of four years beginning January 1, 1970; and that at the general election to be held in the year 1971, there shall be elected a candidate to fill each of the posts numbered four, five, six, and seven; that they shall be elected for a term of four years beginning January 1, 1972; to provide for the time, place and manner of elections, for the supervision and control of these elections, for the tabulation of votes, and for run-off elections; and for the filling of vacancies on the board as they might occur; to provide for the eligibility of candidates; to provide for the qualification of voters in these elections; to provide that this act shall in no wise change the existing charter or form of government of the City of Thomasville except as to the manner of the election and the terms of office of the members of the board of education for the City of Thomasville; to repeal all laws or parts of laws in conflict herewith; to provide the effective date of this Act; and for other purposes.
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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows: That on and after the effective date of this Act, an act of the General Assembly of the State of Georgia establishing a system of public schools in the City of Thomasville approved November 30, 1900 (Ga. L. 1900, p. 451), be and the same is hereby amended in the following particulars, to-wit: Section 1. By striking from said Act that portion set out as section 3 of the same which has been particularly amended by an Act approved August 19, 1911 (Ga. L. 1911, p. 1599) and an Act approved August 7, 1914 (Ga. L. 1914, p. 1205) and an Act approved March 9, 1945 (Ga. L. 1945, p. 1127) and inserting in lieu thereof an entirely new section 3 as follows: Section 3. Be it further enacted by the authority aforesaid, that there shall be a board of education for said city of Thomasville under the corporate name of the board of education for the City of Thomasville, with the right to sue and to be sued in the said corporate name. Said board shall consist of seven (7) members, to be elected by the qualified voters of said city. Henceforth the citizens elected to the board of education for the City of Thomasville shall be chosen to fill seven (7) distinct and designated Posts; that these shall be seven consecutively numbered Posts to be filled as follows: Posts numbered one, two, three, four, five, six, and seven. These posts shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city. Each candidate at the time of requesting that his or her name be placed on the ballot shall plainly indicate the post to which he or she seeks election. At the general election to be held in the year 1969 there shall be chosen a candidate to fill each of the posts numbered one, two, and three and they shall be elected for a term of four years, to begin on January 1, 1970 and to continue until their successors are elected and qualified. At the election to be held in the year 1971 there shall be elected a candidate to fill each of the posts numbered four,
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five, six, and seven, who shall be elected for a term of four years, to begin on January 1, 1972 and to continue until their successors are elected and qualified. Seven posts. It is the purpose and intent of this Act that there shall always be seven (7) members duly elected to serve on said board; their elections, the post in which they serve, and the duration of their terms to be determined by a continuation of the pattern, as set out hereinabove, at each successive general election. Said elections shall be held at the same time and place as those general elections held for the purpose of electing the members of the board of commissioners for the City of Thomasville and shall be under the supervision and control of the board of commissioners of said city and under the laws now of force for holding elections for members of the board of commissioners or formerly for mayor and aldermen for said city. The returns for said elections shall be made to said board of commissioners who shall declare the results thereof. Intent. In the event that at these general elections no candidate shall receive a simple majority of the votes cast for persons seeking election to the same designated post, then and in that event, a new run-off election shall be called by the board of commissioners to be held on the second Tuesday in December immediately following the general election. At this election it shall be determined which of the two candidates receiving the highest number of votes, among those candidates seeking election to the same designated posts, shall be elected to serve in such posts. In the event that a run-off election should result in a tie vote, a new election shall be called by the board of commissioners to determine which of these candidates shall be elected. Elections. Vacancies on the board of education caused by death, resignation, removal from the city, or otherwise, shall be filled by the board of education, a majority vote of all the remaining members being necessary for such election. Vacancies. No person shall be eligible for election to said board who is not eligible for election for commissioner of said city. No person shall be eligible for election to membership on said
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board who at the time of his election is a commissioner of said city. Qualifications. All citizens of the City of Thomasville who have registered and have been qualified as registered voters of said City of Thomasville in accordance with the Act of the General Assembly of the State of Georgia for 1931, page 992 et seq. shall be eligible to vote in such general elections. Provided: that, all such elections shall be held at one voting precinct at the city hall in said city, at which all voters therein shall cast their ballots. Elections. Section 2. Be it further enacted that it is the intent and purpose of this Act that it shall in no wise change the existing charter or form of government of the City of Thomasville, except as to the manner of election, terms of office of the members of the board of education to be elected after the effective date of this Act. Intent. Section 3. Be it further enacted that nothing contained in this Act shall affect the term of office of the present board of education of the City of Thomasville or any other officer of the City of Thomasville now serving as such, or any officer of the City of Thomasville elected at the general election of the City of Thomasville held on the first Tuesday in December, 1967. Same. Section 4. Be it further enacted that this Act shall become effective immediately upon and after its passage. Section 5. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 6. Be it further enacted that the following notice of local legislation with the affidavit of publisher as to publication are incorporated herein and made a part hereof: Georgia, Thomas County. Personally appeared before the undersigned attesting officer in and for the said State and county, Lee E. Kelly, Jr., who, on oath, deposes and says that he is president of that
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certain corporation known as Times-Enterprise Company and that said corporation publishes the Thomasville Times-Enterprise (daily edition); and that the Friday edition of that said same paper is the paper which has been designated as the official gazette and the one in which the sheriff's advertisements for Thomas County are run. Further deposing, he says that the notice of local legislation, attached below this affidavit, was published in the Thomasville Times-Enterprise on December 29, 1967, January 5, 1968, and January 12, 1968. This the 15 day of January, 1968. Lee E. Kelly, Jr., President Sworn to and subscribed before me this the 15 day of January, 1968. /s/ B. B. Earle, Jr. Notary Public for Georgia. My Commission expires Oct. 23, 1970. (Seal). Notice of Local Legislation. Notice is hereby given to whom it may concern that after three (3) weeks' publication of this notice, and within sixty (60) days hereof, there will be introduced for passage by the Legislature of Georgia a bill with the title and caption as follows: An Act to amend an Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900, (Ga. L. 1900, p. 451), as amended by Acts approved July 20, 1904, (Ga. L. 1904, p. 328), August 19, 1911, (Ga. L. 1911, p. 1599), August 7, 1914, (Ga. L. 1914, p. 1205), July 30, 1915, (Ga. L. 1915, p. 852), July 29, 1919, (Ga. L. 1919, p. 1360), March 9, 1945 (Ga. L. 1945, p. 1111), March 9, 1945, (Ga. L. 1945, p. 1127), February 9, 1949, (Ga. L. 1949, p. 396), April 5, 1961 (Ga. L. 1961, Vol. II, p. 3451), February 27, 1962, (Ga. L. 1962, p. 2301), and March 14, 1967, (Ga. L. 1967, Vol. II, p. 2115), so as to provide
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that henceforth citizens elected to the board of education for the City of Thomasville shall be chosen to fill seven distinct and designated posts; that these shall be seven consecutively numbered posts to be filled, to-wit: Posts numbered one, two, three, four, five, six, and seven; to provide that these posts shall be arbitrary designations and shall have no references to political or geographical subdivisions of the city; to provide that each candidate shall indicate the post to which he seeks election; that at the general election held in the year 1969, there shall be chosen a candidate to fill each of the posts numbered one, two, and three; that they shall be elected for a term of four years beginning January 1, 1970; and that at the general election to be held in the year 1971, there shall be elected a candidate to fill each of the posts numbered four, five, six, and seven; that they shall be elected for a term of four years beginning January 1, 1972; to provide for the time, place and manner of elections for the supervision and control of these elections, for the tabulation of votes and for run-off elections; and for the filling of vacancies on the Board as they might occur; to provide for the eligibility of candidates; to provide for the qualification of voters in these elections; to provide that this Act shall in no wise change the existing charter or form of government of the City of Thomasville except as to the manner of the election and the terms of office of the members of the board of education for the City of Thomasville; to repeal all laws or parts of laws in conflict herewith; to provide the effective date of this Act; and for other purposes. This 26th day of December, 1967. Board of Education for the City of Thomasville. Approved March 21, 1968.
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DOUGLAS COUNTYACT PLACING NAMED OFFICERS ON SALARY BASIS AMENDED. No. 766 (House Bill No. 1147). An Act to amend an Act providing for the abolishing of 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, by providing in lieu thereof annual salaries for such officers, approved February 17, 1964 (Ga. L. 1964, p. 2082), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 2503), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2556), so as to change the method of compensating certain employees of Douglas 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 abolishing of 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, by providing in lieu thereof annual salaries for such officers, approved February 17, 1964 (Ga. L. 1964, p. 2082), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 2503), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2556), is hereby amended by striking subsection (a) of section 8 in its entirety and inserting in lieu thereof the following: Section 8 (a). The clerk of the superior court is authorized to appoint a chief deputy clerk and a typist to assist him in discharging the official duties of his office. The clerk shall fix the compensation of such chief deputy clerk and typist at an amount approved by the board of commissioners of roads and revenues of Douglas County. Clerk's employees. Section 2. Said Act is further amended by striking subsection (b) of section 8 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The sheriff is authorized to appoint two deputy sheriffs whose compensation shall be fixed by the sheriff
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at an amount approved by the board of commissioners of roads and revenues of Douglas County. Deputy sheriffs. Section 3. Said Act is further amended by striking subsection (c) of section 8 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The ordinary is authorized to appoint a clerk whose compensation shall be fixed by the ordinary at an amount approved by the board of roads and revenues of Douglas County. Ordinary's clerk 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 Regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act approved February 17, 1964 (Ga. L. 1964, p. 2082), as amended, so as to change the procedure used in determining the amount of compensation for certain employees of Douglas County; and for other purposes. This 8th day of Jan., 1968. /s/ Kent Dickinson Representative, 27th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kent Dickinson who, on oath, deposes and says that he is Representative from the 27th District, 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 Douglas County, on the following dates: January 11, 18, 25, 1968. /s/ Kent Dickinson Representative, 27th District
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Sworn to and subscribed before me this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CARROLL COUNTY WATER AUTHORITY ACT AMENDED. No. 767 (House Bill No. 1154). An Act to amend an Act known as the Carroll County Water Authority Act, approved April 6, 1967 (Ga. L. 1967, p. 2861), so as to authorize such authority to acquire, construct, operate and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to change the provisions relating to interest rate and maturity date of bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Carroll County Water Authority Act, approved April 6, 1967 (Ga. L. 1967, p. 2861), is hereby amended by adding to the end of subsection (b) of section 3 the following: the acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial, the treatment of such waste including the acquisition and construction of treatment plants, lagoons, without and within the territorial boundaries of Carroll County, and the operation, maintenance, additions, improvements, and extensions of such facilities deemed necessary by the authority to be necessary
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or convenient for the efficient operation of a sanitary and storm sewer system., Project defined. so that when so amended said subsection (b) shall read as follows: (b) The word `project' shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, within the territorial boundaries of Carroll County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking; the acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial, the treatment of such waste including the acquisition and construction of treatment plants, lagoons, without and within the territorial boundaries of Carroll County, and the operation, maintenance, additions, improvements, and extensions of such facilities deemed necessary by the authority to be necessary or convenient for the efficient operation of a sanitary and storm sewer system. Section 2. Said Act is further amended by striking from the last sentence of section 5 the following: five per centum (5%) per annum, payable semi-annually, shall mature at such time or times not exceeding thirty years, and inserting in lieu thereof the following: six per centum (6%) per annum, payable semi-annually, shall mature at such time or times not exceeding forty years,
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so that when so amended section 5 shall read as follows: Section 5. Revenue bonds .The authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed one million dollars ($1,000,000.00) outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per centum (6%) per annum, payable semi-annually, shall mature at such time or times not exceeding forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. 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 Regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act known as the Carroll County Water Authority Act, approved April 6, 1967 (Ga. L. 1967, p. 2861), so as to authorize such authority to acquire, construct, operate and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to change the provisions
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relating to interest rate and maturity date of bonds; and for other purposes. This 26th day of December, 1967. Jack Threadgill William Wiggins, Representative, 32nd District Georgia, Fulton County. Personally appeared before be, the undersigned authority, duly authorized to administer oaths, William J. Wiggins who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: December 28, 1967, January 4th and 11th, 1968. /s/ William J. Wiggins Representative, 32nd District Sworn to and subscribed before me this 29 day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. McINTOSH COUNTYCOMPENSATION OF ORDINARY. No. 768 (House Bill No. 1175). An Act to amend an Act, relating to the compensation of the ordinary of McIntosh County, approved January 31, 1952 (Ga. L. 1952, p. 2008), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3127), and
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by an Act approved April 2, 1963 (Ga. L. 1963, p. 2842), so as to change the compensation of said ordinary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to the compensation of the Ordinary of McIntosh County, approved January 31, 1952 (Ga. L. 1952, p. 2008), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3127), and by an Act approved April 2, 1963 (Ga. L. 1963, p. 2842), is hereby amended by striking from Section 1 the figure $175.00 wherever the same appears and inserting in lieu thereof the figure $200.00, so that when so amended section 1 shall read as follows: Section 1. That the ordinary of McIntosh County shall receive the sum of $200.00 per month in addition to any fees or compensation now received by said ordinary. The said sum of $200.00 shall be paid out of the general funds of McIntosh County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1968 session of the General Assembly of Georgia a bill to amend existing statutes so as to increase the compensation of the ordinary of McIntosh County, Georgia to the sum of $200.00 per month in addition to all fees, costs and other emoluments of said Office; and for other purposes. This 18 day of December, 1967. /s/ Charles M. Jones Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Jones
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who, on oath, deposes and says that he is Representative form the 76th District, 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 McIntosh County, on the following dates: December 28, 1967, January 4 and 11, 1968. /s/ Charles M. Jones Representative, 76th District Sworn to and subscribed before me this 30th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. JENKINS COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 770 (House Bill No. 1187). An Act to provide for compensation for the clerk of the superior court of Jenkins County; to provide for the payment of such compensation; 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 Jenkins County shall be paid a salary in the sum of one hundred fifty ($150.00) dollars per month, in addition to any fees or compensation of whatever nature he now receives. The said sum shall be paid by the disbursing authority of Jenkins County from the general funds of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Public Notice. Notice is hereby given that there will be introduced at the 1968 session of the General Assembly of Georgia, a bill to amend an act to change the compensation of the clerk of court, Jenkins County, Georgia. This December 18th, 1967. A. Sid Newton, Representative, 50th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Sid Newton who, on oath, deposes and says that he is Representative from the 50th District, 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 Jenkins County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ A. Sid Newton Representative, 50th District Sworn to and subscribed before me this 29 day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968.
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JENKINS COUNTYCOMPENSATION OF ORDINARY. No. 771 (House Bill No. 1188). An Act to amend an Act providing for supplemental compensation to the ordinary of Jenkins County, approved February 3, 1949 (Ga. L. 1949, p. 108), as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 2324), so as to change such supplement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for supplemental compensation to the Ordinary of Jenkins County, approved February 3, 1949 (Ga. L. 1949, p. 108), as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 2324), is hereby amended by striking from section 1 the words and figure one hundred twenty dollars ($120.00) and inserting in lieu thereof the words and figure two hundred ($200.00) dollars so that section 1 when so amended shall read as follows: Section 1. That from and after the passage of this Act, the proper authorities of the County of Jenkins, State of Georgia, having charge of the fiscal affairs of said county, are hereby authorized and directed to pay the sum of two hundred ($200.00) dollars monthly to the ordinary of said county, in addition to the fees and compensation now allowed by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that there will be introduced at the January 1968 session of the General Assembly of Georgia
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a bill to increase the compensation of the ordinary of Jenkins County, Georgia. This December 18th, 1967. A. Sid Newton, Representative, 50th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Sid Newton who, on oath, deposes and says that he is Representative from the 50th District, 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 Jenkins County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ A. Sid Newton Representative, 50th District Sworn to and subscribed before me this 29 day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1966. TIFT COUNTYVICE CHAIRMAN OF COMMISSIONERS OF ROADS AND REVENUES. No. 772 (House Bill No. 1209). 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
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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), an Act approved March 13, 1957 (Ga. L. 1957, p. 3233), an Act approved March 11, 1964 (Ga. L. 1964, p. 2900), an Act approved March 18, 1964 (Ga. L. 1964, p. 3069), an Act approved March 30, 1965 (Ga. L. 1965, p. 2825), and an Act approved March 31, 1965 (Ga. L. 1965, p. 3085), so as to establish the office of vice chairman of the board of county commissioners; to provide for such vice chairman to act upon disabilities of the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues 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), an Act approved March 13, 1957 (Ga. L. 1957, p. 3233), an Act approved March 11, 1964 (Ga. L. 1964, p. 2900), an Act approved March 18, 1964 (Ga. L. 1964, p. 3069), an Act approved March 30, 1965 (Ga. L. 1965, p. 2825), and an Act approved March 31, 1965 (Ga. L. 1965, p. 3085), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. (a) Be it further enacted, that the board of commissioners shall hold their regular session on the first Monday in each month in the courthouse of said county, and may adjourn from day to day until their business is finished; and extra session may be held at any time on the call of the chairman or upon the call of any three members of the board when in the judgment of the board the interest of the county demands it; that at the December term in each even numbered year of Tift Superior Court, and at the same time of such court each two years thereafter,
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the grand jury of such court shall select a chairman of the board of commissioners to serve for a period of two years from the first day of January following such election; such chairman to be selected from the members of the board. The chairman of the board shall, subject to the provisions for bid purchasing, be the sole purchasing agent for the county of Tift, and no contracts for the payment of materials or supplies for any office or departments of Public Works of said county shall be binding against the County of Tift if made by any other person than the chairman of the board of county commissioners, and such chairman shall receive as compensation thereof the sum of seven thousand five hundred ($7,500.00) per annum. Said salary shall be paid from the county treasury in monthly installments by warrants drawn on the treasury or depository, as in the case of other claims against said county. Said board may make such rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees, not inconsistent with this Act or the laws of this State. Said board shall keep correct minutes of its official acts and doings in a minute-book kept for such purposes, a book of receipts and disbursements, a general ledger, and a warrant book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other disposition of the same, also a road register in which shall be kept a record of all the public roads of said county, particularly describing said roads, and shall make a record of all new roads which shall be hereafter granted in accordance with law. Said board shall also keep on file all paid warrants and vouchers, and other paper necessary to show a complete record of all the transactions of said county. Chairman, etc. Section 9 (b). Be it further enacted, that the said board at its regular January meeting in each odd numbered year and immediately following the selection of a chairman by the December term grand jury shall elect by a majority vote from its membership a vice chairman whose term shall coincide with the terms of the chairman of said commission so selected by the grand jury. The vice chairman shall have no additional powers or duties other than that conferred by
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law upon other members of said board, but the said vice chairman shall assume the duties, powers and authority of the chairman of said board upon the chairman's being incapacitated to the extent that he is unable to perform the duties of the chairman for a period of four days or upon the said chairman's being misplaced from such office to the extent that he is unable to communicate with said office for a period of four days, and the said vice chairman upon assuming such duties, powers and responsibilities shall continue to serve in such capacity until such chairman is again capable of assuming such duties, or until such chairman returns to said office or resumes communication with said office. It is further provided that in the event the position of chairman of said board should become vacant by death, resignation or otherwise of said chairman, then and in such event the vice chairman shall assume the full office of chairman until the next regular term of Tift Superior Court at which time the grand jury shall select from the membership of said board a person to serve as chairman and whose tenure of office shall be for the remainder of the term of chairmanship which was being served by such chairman who died, resigned or otherwise vacated such position. Vice-chairman. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective immediately upon its approval; however, no vice chairman shall be elected by said board until the January, 1969 meeting of said board. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the January, 1968 Session of the General Assembly of Georgia an Act to amend an Act creating a board of commissioners of roads and revenues of Tift County, Georgia approved August 7, 1917 (Ga. L. 1917, p. 396), as amended and specifically section 9 thereof and which section 9 when amended shall provide for meetings of said board; appointment of a chairman of said board and his term; appointment of a vice chairman of said board the conditions under which he shall serve and his term of office; the making of rules
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and regulations by said board; the purchase of goods by said board and the execution of contracts by said board; the keeping of minutes of the official Act of said board; and for other purposes. By authorization of the board of commissioners of roads and revenues of Tift County, Georgia, this 8th day of January, 1968. Marvin Dunn, Chairman Board of Commissioners of Roads and Revenues of Tift County, Georgia Georgia, Tift County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry W. Bostick, 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 11, 18 and 25, 1968. Henry W. Bostick (L.S.) Representative Tift County Sworn to and subscribed before me on this 31st day of Jan., 1968. /s/ James T. Bennett, Jr. Notary Public. My Commission expires Dec. 1969. Approved March 21, 1968.
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PAULDING COUNTY BOARD OF EDUCATIONREFERENDUM. No. 773 (House Bill No. 1210). An Act to provide for the election of members of the board of education of Paulding County by the people; to provide for staggered terms; to provide for the foregoing procedures; 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 board of education of Paulding County shall be composed of one member from each of the five education districts and two members from one education district provided for hereinafter. All members, however, shall be elected by the voters of the entire county. Any person in order to be eligible for membership on the board must be registered and eligible to vote for members of the General Assembly from Paulding County, must have resided in Paulding County for at least one year immediately preceding the date of the election and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately preceding the date of the election. For the purpose of electing the members of the Paulding County board of education, Paulding County is hereby divided into six education districts. Education District No. 1 shall be composed of all that territory contained within Militia District No. 1080 (Dallas). Education District No. 2 shall be composed of all that territory contained within Militia District No. 942 (Weddington) and Militia District No. 1381 (Hiram). Education District No. 3 shall be composed of all that territory contained within Militia District No. 1003 (Acorntree), Militia District No. 1043 (California) and Militia District No. 1596 (Roxanna). Education District No. 4 shall be composed of all that territory contained within Militia District No. 951 (Cains), Militia District No. 1087 (Pumpkinvine) and Militia District No. 1218 (Umphries). Education District No. 5 shall be composed of all that territory contained within Militia District No. 839 (Nineteenth), Militia District No. 1443 (Tallapoosa) and Militia District
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No. 1553 (Union). Education District No. 6 shall be composed of all that territory contained within Militia District No. 832 (Burnt Hickory), Militia District No. 1081 (Twentieth), Militia District No. 1207 (Eutah), Militia District No. 1414 (Braswell), and Militia District No. 1554 (Racoon). Members, districts. Section 2. At the general election in 1968, and every four years thereafter, the board members from education district numbers 1, 3 and 4 shall be elected to terms of four years each and until their successors are elected and qualified. All such members shall take office on the first day of January following their election. Terms, elections. The members from education district numbers 2, 5 and 6 shall be elected at the general election in 1968 to terms of two years each and until their successors are elected and qualified. The members from education district numbers 2, 5 and 6 shall be elected at the general election in 1970, and every four years thereafter, to terms of four years each and until their successors are elected and qualified. All members so elected shall take office on the first day of January following their election. Section 3. In the event a vacancy occurs on the board for any reason other than expiration of term of office, the remaining members of the board shall elect a person from the education district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the education district he represents, a vacancy shall exist. At its first meeting each year, the members of the board shall elect one of their number to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board. Vacancies. Section 4. The board of education in existence at the time of the approval of this Act by the people in Paulding County shall continue in existence through December 31, 1968, but the terms of all members of such board shall expire at that time and such board of education shall stand abolished. The board created herein shall be the successor
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to such abolished board and shall be subject to all constitutional and statutory provisions relative to county boards of education. Present board, etc. Section 5. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Paulding County to issue the call for an election for the purpose of submitting this Act to the voters of Paulding County for approval or rejection. The ordinary shall set the date of such election for a day not less than 60 nor more than 90 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 Paulding County. The ballot shall have written or printed thereon the words: For approval of the Act providing for the election of members of the Board of Education of Paulding County by the people and providing for staggered terms. Referendum. Against approval of the Act providing for the election of members of the Board of Education of Paulding County by the people and providing for staggered terms. 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 Paulding 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 special 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 6. All laws and parts of laws in conflict with this Act are hereby repealed.
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I, T. E. Parker, hereby certify that the notice to introduce legislation pertaining to Paulding County Board of Education was published for three weeksJanuary 4, 11 and 18, 1968, in the Dallas New Era. /s/ T. E. Parker, Publisher Notice. Intention to introduce local legislation pertaining to Paulding County Board of Education and operation of Paulding County Schools. Homer Leggett, Representative, District 21 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Homer Leggett who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of notice of intention to introduce local legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following dates: January 4, 11, and 18, 1968. /s/ Homer Leggett Representative, 21st District Sworn to and subscribed before me this 1 day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968.
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PAULDING COUNTYNUMBER OF DEPUTY SHERIFFS. No. 774 (House Bill No. 1211). An Act to amend an Act placing the clerk of the superior court, the sheriff, ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, approved June 30, 1964 (Ga. L. 1964, Ex. Ses., p. 2246), as amended by an Act approved March 10, 1965 (Ga. L. 1965, p. 2241), so as to increase the number of deputies the sheriff of Paulding County may appoint; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act placing the clerk of the superior court, the sheriff, ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2246), as amended by an Act approved March 10, 1965 (Ga. L. 1965, p. 2241), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The sheriff is hereby authorized to appoint three deputy sheriffs, one jailor, and one cook. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. January 25, 1968 I, T. E. Parker, hereby certify that the notice to introduce legislation pertaining to sheriff's office of Paulding County was published for three weeksJanuary 4, 11 and 18, 1968, in the Dallas New Era. /s/ T. E. Parker, Publisher Notice. Intention to introduce local legislation pertaining to
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sheriff's office, Paulding County, Georgia. Homer Leggett, Representative, District 21 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Homer Leggett who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of notice of intention to introduce local legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following dates: January 4, 11, and 18, 1968. /s/ Homer Leggett Representative, 21st District Sworn to and subscribed before me this 1st day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968. SMALL CLAIMS COURTS CREATED IN CERTAIN COUNTIES (9,977-10,140). No. 775 (House Bill No. 1218). An Act creating and establishing a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140 according to the official United States decennial census of 1960 or any future such census; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for
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the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of such small claims court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in the county wherein such judge presides; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to prescribe that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for the validating of the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140 according to the official United States decennial census of 1960 or any future such census, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Created, jurisdiction, etc. Section 2. Any person appointed as a judge of the small claims court created by this Act must be a resident of the county, at least twenty-two years of age, and must be a person of outstanding character and integrity. Judge, etc.
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All other officers appointed to or employed by said court now or hereafter provided must be at least twenty-one (21) years of age and must be residents of the county. Section 3. Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the superior court of the county or any judge of a city court located in said county, on application of said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Same. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Procedure. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of a small claims court; or by registered mail or certified with receipt; or by any person not a party to or otherwise interested in
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the suit, especially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by United States Postal Authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States Post Office employee or United States 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 not to exceed $5.00. 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. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered mail, the date of mailing shall be the date of service.
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Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of seven dollars and fifty cents ($7.50), which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Deposit of costs, etc. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court and 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 $7.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. All attachment proceedings shall also be tried by the judge and without a jury. 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 merits. Conciliation, trial, etc. (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.
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(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, etc. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments. Section 12. The judge of said 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. Collection of judgments. Section 13. The judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules.
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Section 14. The judge of said court shall have the power to appoint one or more bailiffs of and for said small claims court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said small claims court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve, summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiffs. Section 15. Judgments of said small claims court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Judgments. Section 16. Appeals may be had from judgments returned in the 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, the same to be a de novo appeal. Appeals. Section 17. 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
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forms now employed and of any form of summons now provided by law: Forms.
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Section 18. On or before May 1, 1968, it shall be the duty of the judge of the superior court of the county to appoint a duly qualified person to be the judge of the small claims court to take office April 1, 1968, to serve through
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December 31, 1970. During the month of December, 1970, and each four years thereafter, it shall be the duty of the judge of the superior court to appoint a successor who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified. The judge of the small claims court shall be exempt from jury duty in any other court in the county. Appointment of judge. Section 19. All forms, docket books, file jackets, filing cabinets and the like, required by this Act, shall be furnished by the county commissioners, and they shall also provide a suitable room in the court house for the holding of said court. Office supplies, etc. Section 20. The State Librarian is hereby authorized and directed to furnish the small claims court, without cost to the court or the county, all volumes of Georgia Laws, beginning with the laws of 1967. Ga. Laws. Section 21. Said small claims court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and, also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Dates of hearings, etc. Section 22. 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
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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 the United States Postal Authorities marked refused, giving the date of refusal and be signed or initialed by a United States Post Office employee or United States 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, etc. Section 23. The judge of the small claims court of the county shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt of court. Section 24. The fee of bailiff or sheriff for the execution of a fi fa shall be five dollars, plus a reasonable amount for drayage to be determined by the small claims court judge. The rate of commission on all judicial sales shall be ten per cent (10%) of the first $250.00 and five per cent (5%) on all sums over that amount, with a minimum of five dollars. Fees. Section 25. 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
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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 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968. BROOKS COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 777 (House Bill No. 1231). An Act to amend an Act creating a board of county commissioners for Brooks County, approved August 11, 1881 (Ga. L. 1880-81, p. 518), as amended, so as to increase the compensation of the chairman and 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 county commissioners for Brooks County, approved August 11, 1881 (Ga. L. 1880-81, p. 518), as amended, is hereby amended by striking in section 2A the figure which reads as follows: $100, and inserting in lieu thereof the figure which reads as follows: $150, and by striking the figure which reads as follows: $50, and inserting in lieu thereof the figure which reads as follows: $100,
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so that when so amended, section 2A shall read as follows: Section 2A. The board of county commissioners of Brooks County shall determine the compensation of the chairman and members of the board except that the salary of the chairman shall not exceed $150 per month, and the salary of each of the other members of the board shall not exceed $100 per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that, at the request of the board of county commissioners of Brooks County, I will introduce legislation to change the maximum compensation allowed members of said board from $50.00 to $100.00 per month, and from $100.00 to $150.00 per month for the chairman. Henry L. Reaves, Representative. 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 the 99th District, 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 Brooks County, on the following dates: January 11, 18, 25, 1968. /s/ Henry L. Reaves Representative, 99th District Sworn to and subscribed before me this 2nd day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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CITY OF COLQUITTCORPORATE LIMITS. No. 778 (House Bill No. 1232). An Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt in Miller County, Georgia, approved August 7, 1915 (Ga. L. 1915, p. 534), as amended, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2319), so as to eliminate the provision providing certain area in the city limits shall not be subject to city taxes until certain services are rendered to said area; 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 Colquitt in Miller County, Georgia, approved August 7, 1915 (Ga. L. 1915, p. 534), as amended, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2319), is hereby amended by striking section 2 of an amendatory Act, approved March 31, 1967 (Ga. L. 1967, p. 2319), which reads as follows: Section 2. Since it is the intention of this Act that no such land shall be taxable until city services sufficient to offset such taxes be available and utilized, in the event any portion of this Act is held unconstitutional then the entire Act shall be null and void and of no force and effect, and the corporate limits of the City of Colquitt shall not include such property., Repealed. in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Miller County. Notice is hereby given that at the specific request of the mayor and council of Colquitt, Georgia, there will be introduced
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at the 1968 Session of the General Assembly of Georgia a bill to amend the charter of the City of Colquitt relative to the city limits, but not to extend the city limits, and for other purposes. This 6th day of January, 1968. Julian Webb Senator, 11th District Donald Kirksey Representative, 87th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald R. Kirksey who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of notice of intention to introduce local legislation was published in the Miller County Liberal which is the official organ of Miller County, on the following dates: January 11, 18, and 25th, 1968. /s/ Donald R. Kirksey Representative, 87 District Sworn to and subscribed before me this 2 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. TOWN OF BALDWINMAYOR'S TERM OF OFFICE, REFERENDUM. No. 779 (House Bill No. 1242). An Act to amend an Act creating a new charter for the Town of Baldwin, in the counties of Banks and Habersham, approved August 3, 1923 (Ga. L. 1923, p. 4489), as amended, so as to change the term of office of the mayor;
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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 Town of Baldwin, in the counties of Banks and Habersham, approved August 3, 1923 (Ga. L. 1923, p. 4489), as amended, is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. Beginning with the election to be held in said town in 1968 and biennially thereafter, the mayor and two councilmen shall be elected for terms of office of two years each and until their successors are elected and qualified. Beginning with the election to be held in said town in 1969 and biennially thereafter, three councilmen shall be elected for terms of office of two years each and until their successors are elected and qualified. The mayor and council of said town shall qualify for their respective offices at the first regular meeting in the month of January of each year following their election. The present mayor and council of said town shall continue to serve in their respective offices with their present compensation until the first regular meeting of said mayor and council in the month of January, next, or until their successors are elected and qualified and shall exercise all the powers and authorities conferred upon the mayor and council of the Town of Baldwin by this Act; and all officers elected or appointed by the mayor and council of the old corporation of said town shall continue to hold their offices and discharge the duties thereof until their successors are elected or appointed and qualified, unless sooner suspended, removed or discharged by the mayor and council of said town, which right and power is hereby given them. Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the Town of Baldwin to issue the call for an election for the purpose of submitting this Act to the voters of said town for approval or rejection. The
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governing authority of the Town of Baldwin shall set the date of such election for a day not less than 20 nor more than 40 days after the date of the issuance of the call. The governing authority of the Town of Baldwin 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 organs of Banks and Habersham Counties. The ballot shall have written or printed thereon the words: For approval of the Act changing the term of office of the Mayor of the Town of Baldwin. Against approval of the Act changing the term of office of the Mayor of the Town of Baldwin. 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 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 the Town of Baldwin. It shall be the duty of the governing authority 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 governing authority 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 Apply for the Passage of a Local Bill Effecting the Town of Baldwin. Notice is hereby given that there will be introduced at the 1968 session of the General Assembly of Georgia, a bill to change the term of office of the Mayor of the Town of Baldwin from one year to a two-year term of office to
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begin with the mayor assuming office at the first regular meeting of the mayor and council of the Town of Baldwin in January, 1969, to repeal existing laws, and for other purposes. This the 22nd day of December, 1967. Jack N. Gunter, Representative, Habersham County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 28, 1967 and January 4, 1968 and January 11, 1968. /s/ Jack N. Gunter Representative, 11th District Sworn to and subscribed before me this 2nd day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TELFAIR COUNTY HOSPITAL AUTHORITYAPPOINTMENT OF MEMBERS. No. 780 (House Bill No. 1249). An Act to provide that the members of the Telfair County Hospital Authority shall be appointed by the Telfair County Grand Jury; to provide the procedure connected
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therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As the terms of office of the present members of the Telfair County Hospital Authority shall expire, successors to such members shall be appointed to the Authority by the Telfair County grand jury. Members appointed to the Authority by the grand jury shall serve for the same regular terms of office as their predecessors. Vacancies occurring on the Authority for any reason shall be filled by the Telfair County grand jury appointing a successor to serve out the unexpired term of office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that I shall introduce a Bill in the 1968 session of the General Assembly of Georgia which shall change the method of making appointments to fill vacancies, either for an unexpired or full term, on the board of the Telfair County Hospital Authority, and said legislation shall further provide that in the future such appointments shall be made by the Telfair County grand jury; and for other purposes. This 4th day of January, 1968. s/ Norman Doster Representative for Telfair County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Norman B. Doster who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of notice of
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intention to introduce local legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 4, 11, 18, 1968. /s/ Norman B. Doster Representative, 73rd District Sworn to and subscribed before me this 5 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. CITY OF McRAECORPORATE LIMITS. No. 781 (House Bill No. 1250). An Act to amend an Act creating a new charter for the City of McRae, approved May 1, 1963 (Ga. L. 1963, p. 2482), as amended, 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 McRae, approved May 1, 1963, (Ga. L. 1963, p. 2482), as amended, is hereby amended by adding to section 4 of said Act another paragraph, so that from and after the passage of this Act, the corporate limits of the City of McRae shall include the present lands and in addition those lands being annexed by virtue of this legislation, said paragraph to be added to section 4 to read as follows: Also, all that tract or parcel of land lying and being in original land lot number 171 in the 10th land district of
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Telfair County, Georgia, described by metes and bounds as follows: Beginning at a point on the easterly boundary of East Avenue at a distance of 300 feet south 43 degrees 7 minutes west from the original north corner of said land lot and running thence south 44 degrees 53 minutes east a distance of 1,016.4 feet to a stake, thence running south 43 degrees 7 minutes west a distance of 120 feet to a point in a road (Brewton Street extension) thence continuing along said road and following the southerly boundary of a road which has been graded, (extension of Poplar Street) which is shown and designated on plat hereinafter mentioned and following said road to its intersection with the original northwest land lot line of said lot, thence running in a northerly direction along said road along the city limits line to the northerly boundary of said Poplar Street extension or road, thence running north 45 degrees 31 minutes east along said original land lot line in the present city limits line a distance of 464 feet to a stake, thence running north 63 degrees 5 minutes east a distance of 7 minutes east along the easterly boundary of East Avenue to the point of beginning of this description; a plat of survey of the within described property, made by S. Y. A. Ball, Registered Land Surveyor No. 44, Rochelle, Georgia, dated February 9, 1967, is recorded in the office of the clerk of Telfair Superior Court, in plat book 2, at page 583, the same being incorporated herein and made a part hereof by reference. 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 hereof an affidavit and notice of intention to apply for local legislation, a copy of which is attached to this affidavit. Georgia, Telfair County. Personally appeared before the undersigned officer duly authorized to administer oaths, Norman Doster, to me known, who being duly sworn, deposes and says: That he is the State Representative for Telfair County, that the Lumber City Log is a newspaper published in
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Telfair County and that said newspaper has general circulation in said county and the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Telfair County for the publication of legal advertisements and by other officials and official bodies of and in said county for the publication of notices required by law; that he has caused to be placed in said newspaper and subsequently reviewed the regular editions of the Lumber City Log published on January 4, 1968, January 11, 1968 and January 18, 1968, and finds the following advertisement, to-wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that the mayor and council of the City of McRae intend to apply for local legislation in the 1968 session of the General Assembly of Georgia for the purpose of extending the corporate limits of the City of McRae; and for other purposes. This 4th day of January, 1968. /s/ James T. Windsor, Jr. Mayor, City of McRae Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Norman B. Doster who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 4, 11, 18, 1968. /s/ Norman B. Doster Representative, 73rd District Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that the mayor and council of the City of McRae intend to apply for local legislation in
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the 1968 session of the General Assembly of Georgia for the purpose of extending the corporate limits of the City of McRae; and for other purposes. This 4th day of January, 1968. /s/ James T. Windsor, Jr. Mayor, City of McRae Sworn to and subscribed before me this 6th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. CITY OF MILANCORPORATE LIMITS. No. 782 (House Bill No. 1261). An Act to amend an Act establishing a new charter for the city of Milan, Georgia, approved March 28, 1947 (Ga. L. 1947, p. 1645), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 3034) and by an Act approved April 4, 1967 (Ga. L. 1967, p. 2536) so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Milan, Georgia, approved March 28, 1947 (Ga. L. 1947, p. 1645), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 3034) and by an Act approved April 4, 1967 (Ga. L. 1967, p. 2036), is hereby amended by adding at the end of section 1 thereof a new paragraph to read as follows:
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In addition to the present corporate limits of the city of Milan, the corporate limits of the City of Milan shall be one mile from the northwest corner of the building of the Seaboard Airline Railway passenger station in each and every direction in Dodge County, Georgia, saving and excepting therefrom the following tracts of land, to-wit: Tract 1: All that tract of parcel of land situate, lying and being in lot of land number seventy-five (75) in the fourteenth (14th) land district of Dodge County, Georgia, more particularly described as beginning at the west corner of said lot and running thence along the northwest lot line in a direction of north forty-four degrees (44) east a distance of one hundred ninety (190) feet to the southerly right of way line of the paved highway which runs parallel to the Seaboard Airline Railway; thence running along said highway right of way line in a direction of north sixty-three degrees (63) east a distance of one thousand two hundred (1200) feet to a stake located at a curve in said right of way line; thence continuing along said right of way line in an easterly direction to a stake on said right of way line which if measured on a chord would be located five hundred ten (510) feet north seventy-eight degrees (78) east from the previous mentioned stake, the last mentioned stake being at the westerly corner of lands of Mrs. Ruby E. Jones; thence running along the lands of the said Mrs. Jones in a direction of south two degrees (2) east a distance of six hundred fifteen (615) feet to a stake located at lands of G. C. Jones; thence running along lands of G. C. Jones in a direction of south sixty-eight degrees (68) west a distance of one thousand six hundred fifty-five (1655) feet to the southwest lot line of said lot which is located in the center of the Milan-Eastman Road; thence running along said southwest lot line in a direction of north forty-six degrees (46) west a distance of five hundred thirty-seven (537) feet to the point of beginning, excepting therefrom any of said lands that lie within the right of way of the said Milan-Eastman Road, said tract containing twenty-four and seventy hundredths (24.70) acres, more or less, and being the same property on which is located the M. C. Jones Lumber County saw mill and planer mill.
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Tract 2: All that tract or parcel of land situate, lying and being in lot of land number seventy-five (75) in the fourteenth (14th) land district of Dodge County, Georgia, described as follows: Begin at a point on the southerly right of way line of a paved highway running parallel to and along the southerly side of the Seaboard Airline Railway which point is more particularly described as being located at the northerly corner of lands of Monroe Charles Jones (shown as M. C. Jones, Jr., on the plat hereinafter referred to) and from said point of beginning running along said highway right of way line in a direction of south seventy-four degrees (74) east a distance of two hundred ninety-five (295) feet to a stake at lands of L. L. Evans; thence running along said Evans lands in a direction of south sixteen degrees (16) west a distance of one hundred eighty-six (186) feet to a stake; thence continuing along said Evans lands in a direction of south seventy-four degrees (74) east a distance of two hundred thirty-five (235) feet to a stake; thence continuing along said Evans lands in a direction of north sixteen degrees (16) east a distance of one hundred eighty-six (186) feet to a stake located on the southerly side of said highway right of way line; thence running along said highway right of way line in a direction of south seventy-four degrees (74) east a distance of three hundred (300) feet to a stake at lands of E. C. and G. C. Jones; thence running along said Jones line in a direction of south six degrees (6) west a distance of four hundred fifty (450) feet to a stake at lands of G. C. Jones; thence running along said G. C. Jones lands in a direction of north seventy-seven degrees (77) west a distance of one thousand one hundred fifty (1150) feet to a stake; thence continuing along said G. C. Jones lands in a direction of south sixty-eight degrees (68) west a distance of one hundred twenty (120) feet to lands of Mrs. Ruby E. Jones; thence running along the lands of the said Mrs. Jones in a direction of north sixteen degrees (16) east a distance of four hundred twelve (412) feet to a stake located at lands of Monroe Charles Jones (shown on the plat hereinafter mentioned as M. C. Jones, Jr.); thence running along the lands of Monroe Charles Jones in a direction of south seventy-five degrees (75) east a distance of three hundred thirty-five (335) feet to a stake; thence
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continuing along the lands of Monroe Charles Jones in a direction of north eight degrees (8) east a distance of one hundred thirty-eight (138) feet to the point of beginning, said tract containing ten and eighty hundredths (10.80) acres, more or less. The above described tracts of land being the same lands as shown on a plat of a survey made by H. G. McCranie on July 2, 1963, the combined acreage of both tracts being thirty-five and fifty hundredths (35.50) acres, more or less, according to said plat, said plat being recorded in the office of the clerk of Dodge Superior Court in plat book 5, page 213, which said plat, together with the record thereof, is by reference incorporated herein and made a part hereof. Tract 3: All that tract or parcel of land siutate, lying and being in lot of land No. 74 in the 14th land district of Dodge County, Georgia, containing eight and twenty-five hundredths (8.25) acres, more or less, more particularly described as beginning at a point on the northeasterly right of way line of the Milan-Eastman Road that is located one hundred ninety-six (196) feet northwest from the point of intersection of said right of way line with the northwesterly right of way line of the Seaboard Airline Railway Company, said point of beginning being located at the westerly corner of property of J. D. Clark and thence running along said highway right of way line in a direction of north forty-six degrees (46) west a distance of one hundred sixty-seven (167) feet to a stake at lands of Ancil Puckett; thence running along said Puckett lands in a direction of north seventy-three degrees (73) east a distance of two hundred thirty-six (236) feet to a stake and in a direction of north thirty-one degrees (31) west a distance of three hundred thirty-eight (338) feet to a stake and lands of Strozier Walker Estate; thence running along said Walker Estate lands in a direction of north seventy-two degrees (72) east a distance of four hundred fifty-nine (459) feet to a stake; thence running in a direction of north forty-four degrees (44) east a distance of two hundred forty-nine (249) feet to the southwest side of a road; thence running along said side of said road in a direction of south forty-two degrees (42) east a distance of thirty-seven (37) feet, in a direction
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of south twenty-five degrees (25) east a distance of four hundred (400) feet and in a direction of south thirty-six degrees (36) east a distance of one hundred twenty (120) feet to lands of Pete Ellis; thence running along said Ellis lands in a direction of south forty-four degrees (44) west a distance of two hundred fifty-five (255) feet and in a direction of south forty-six degrees (46) east a distance of twenty-eight and five tenths (28.5) feet to a stake located on the northwesterly right of way line of said Railway Company; thence running along said Railway right of way line in a direction of south sixty-five degrees (65) west a distance of sixty-six (66) feet to lands of J. D. Clark; thence running along said Clark lands in a direction of north thirty-six degrees (36) west a distance of one hundred twenty (120) feet and in a direction of north twenty-eight degrees (28) west a distance of sixty-four (64) feet and in a direction of south sixty-five degrees (65) west a distance of five hundred ten (510) feet to the point of beginning and being the same property shown on a plat of a survey made by McCranie and Doster, Surveyors, on December 15, 1967, and being the property on which the sawmill of C. A. Puckett is located, said plat being recorded in the office of the clerk of Dodge Superior Court in plat book 7, page 247, which said plat together with the record thereof is by reference incorporated herein and made a part hereof. Section 2. 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, E. T. Methvin, who, on oath, deposes and says that he is the editor and publisher of the Times Journal, the official organ of Dodge County, Georgia, and that the attached copy of notice of intention to introduce local legislation was published in the Times Journal on the following dates, to-wit: December 13, 20, and 27, 1967. /s/ E. T. Methvin
Page 2413
Sworn to and subscribed before me this 3rd day of February, 1968. /s/ Carolyn H. Emery Notary Public. My Commission expires December 10, 1968. (Seal). Notice of Local Legislation. Georgia, Dodge County. Notice is hereby given that the undersigned shall introduce a bill in the 1968 Session of the General Assembly of Georgia to amend a bill entitled Milan New Charter approved March 28, 1947 (Ga. L. 1947. pp. 1645-1663) as amended by a bill entitled City of MilanCharter Amended approved March 21, 1958 (Georgia L. 1958, pages 3034-3038) and as amended by a bill entitled City of MilanCorporate Limits approved April 4, 1967 (Ga. L. 1967, pp. 2536-2538), which said bill shall provide for an extension of the corporate limits of the City of Milan in Dodge County, Georgia; and for other purposes. This December 12, 1967. Dr. Frank P. Holder Representative, 70th District. Approved March 21, 1968. CITY OF EASTMANCHARTER AMENDED. No. 783 (House Bill No. 1262). An Act to amend an Act, creating a new charter for the City of Eastman (Ga. L. 1921, p. 883) and various Acts amendatory thereof, so as to provide a time for the opening and closing of polls, for the date of election of councilmen, the amount of entrance fee of those desiring to run
Page 2414
for councilmen, elimination of a ceiling on councilmen's compensation and for other purposes; Be it enacted by the Authority of the General Assembly of Georgia and it is hereby enacted by authority of the same as follows, to-wit: Section 1. Section 14 of that certain Act of the General Assembly of Georgia approved August 6, 1921 (Ga. L. 1921, p. 883); and any act amendatory thereof is hereby amended by striking the figures 5:00 and substituting in lieu thereof the figures 6:00, so that said section when so amended shall read as follows: Section 14. The councilmen elected under the provisions of this charter shall be elected from the city at large, all city elections shall be held between the hours of 8:00 A.M. and 6:00 P.M.; the polls shall open promptly at 8 o'clock A.M. and close promptly at 6 o'clock P.M. Elections. Section 2. Section 5 of that certain Act of the General Assembly of Georgia approved August 6, 1921 which creates a new charter for the City of Eastman as subsequently amended is hereby amended by striking the word Wednesday wherever the same may appear and inserting in lieu thereof the word Tuesday and by striking the words and figures five (5) dollars wherever the same shall appear and insert in lieu thereof the words and figures twenty-five ($25.00) dollars so that said section when so amended shall read as follows: Section 5. On the third Tuesday in November, 1921, there shall be held an election for five councilmen; they shall hold office for and during a period of two years from January 1, 1922 except as hereinafter provided. Said councilmen first elected shall serve, two for a term of one year and three for a term of two years, and said councilmen so affected shall determine by lot the respective terms they shall serve, and thereafter, on the third Tuesday in each November of each year there shall be elected three councilmen or two councilmen, (as the case may be) to succeed those councilmen whose term of office expires that year.
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The election provided for on the third Tuesday in November, 1929 shall be held and conducted under the management and control of the mayor and council of the City of Eastman under the laws now governing the elections in the City of Eastman subject to any provisions of this Act. Should a vacancy occur in the council, by resignation or otherwise, the remaining members of the council shall select some fit and proper person to serve in his place and such regular person so selected shall serve only until the next regular election, at which time in addition to the election of councilmen to succeed the councilmen whose term will expire that year, an additional councilman will be elected to fill said unexpired term. Election day, qualifying fees. Provided that all candidates or all persons who desire to become candidates for the office of councilmen shall be registered qualified voters of the City of Eastman, and shall be required to file notice of their candidacy with the clerk of the council at least fifteen days before the date for holding the election, which notice shall be filed by noon fifteen days preceding the election, and at the time of filing said notice such candidate shall deposit with said clerk the sum of twenty-five ($25.00) dollars to be used to defray the expense of holding such election, and no candidate or person shall be declared elected or hold office as councilmen who fails to comply with these provisions. Section 3. Section 29 of the Act of the General Assembly of Georgia approved August 6, 1921, as amended by subsequent acts, is hereby amended by striking said section as thus amended and substituting in lieu thereof the following: Section 29. The persons elected as members of the council under this Act shall attend on the first Monday in December, or as soon thereafter as possible after their election, at the council chamber of the City of Eastman for the purpose of qualifying and taking the oath of office. Each councilman elected shall take and subscribe before some judge or a justice of the peace the following oath: Oaths. `I, do solemnly swear that I will well and truly perform the duties as a member of the Council
Page 2416
of the City of Eastman by adopting such measures as in my judgment shall best be calculated to promote the general welfare of the inhabitants of the City of Eastman and the common interest thereof, so help me God.' They shall enter upon the duties of their office on January 1st following the taking and subscribing to said oath. The compensation to be paid to members of the council shall be fixed by the members of the council; they shall elect each year from their number a chairman and a vice-chairman. The council shall hold at least two regular meetings a month and such other regular and special meetings as the council shall from time to time determine. All meetings of the council shall be open to the public. Section 4. All laws and parts of law in conflict with this Act are hereby repealed. Notice of Intended Legislation. Georgia, Dodge County: Notice is hereby given that the undersigned will apply for passage at the January 1968 Session of the General Assembly of Georgia a Bill to amend the Acts of the General Assembly of Georgia creating the City of Eastman and the several acts of the General Assembly amendatory thereto, to provide for the holding of elections on the third Tuesday in November, for the closing of the polls at 6 o'clock P. M., for the qualifying fee of candidates at $25.00 and for compensation of councilmen, and for other purposes. This December 22, 1967. Frank P. Holder, Jr. Representative from the 70th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank P. Holder, Jr.
Page 2417
who, on oath, deposes and says that he is Representative from the 70th District, 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 Dodge County, on the following dates: January 10, 17, 24, 1968. /s/ Frank P. Holder, Jr. Representative, 70th District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TOOMBS COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 784 (House Bill No. 1265). An Act to consolidate the offices of tax receiver and tax collector of Toombs County into the office of the tax commissioner of Toombs 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 Toombs County are hereby consolidated and combined
Page 2418
into the one office of the tax commissioner of Toombs 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 Toombs County in 1972. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1976, 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 Toombs County, and their terms of office shall continue through December 31, 1972. 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. First election, terms, etc. Section 3. The tax commissioner shall receive for his services as such an annual salary of $11,000.00, payable in equal monthly installments from the funds of Toombs 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 Toombs County. Once each week the tax commissioner shall turn over to the county commissioners of Toombs 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
Page 2419
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. Fees. Section 5. The county commissioners of Toombs 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. Personnel, etc. Section 6. All taxes due and payable Toombs 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. The tax commissioner shall be bonded in the amount of $25,000.00. Bond. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1968 Session of the General Assembly of Georgia, a bill to place the tax collector on an annual salary; to place the tax receiver on an annual salary; to provide that the county commissioners shall provide and pay the necessary held for these offices; to provide an effective date; to provide for the abolition of the offices of tax collector
Page 2420
and tax receiver; to provide an effective date; to create the office of tax commissioner as of that date; to provide for a salary for the tax commissioner; to provide that the county commissioners shall provide and pay the necessary help for these offices; to repeal conflicting laws; and for other purposes. This 10th day of January, 1968. John F. Collins Representative 62nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Collins who, on oath, deposes and says that he is Representative from the 62nd District, 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 Toombs County, on the following dates: January 18, 25 and February 1, 1968. /s/ John F. Collins Representative, 62nd District Sworn to and subscribed before me this 2nd day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2421
TOWN OF TUNNELL HILLMAXIMUM FINES FOR VIOLATING ORDINANCES. No. 785 (House Bill No. 1269). An Act to amend an Act incorporating the Town of Tunnell Hill, approved March 4, 1856 (Ga. L. 1855-56, p. 371), as amended, by an Act approved December 20, 1892 (Ga. L. 1892, p. 183), an Act approved August 19, 1911 (Ga. L. 1911, p. 1602), an Act approved August 4, 1913 (Ga. L. 1913, p. 1213) and an Act approved March 24, 1939 (Ga. L. 1939, p. 1365), so as to increase the maximum amount of the fine which may be levied for violating a city ordinance; 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 Tunnell Hill, approved March 4, 1856 (Ga. L. 1855-56, p. 371), as amended, by an Act approved December 20, 1892 (Ga. L. 1892, p. 183), an Act approved August 19, 1911 (Ga. L. 1911, p. 1602), an Act approved August 4, 1913 (Ga. L. 1913, p. 1213), and an Act approved March 24, 1939 (Ga. L. 1939, p. 1365), is hereby amended by striking from the second sentence of section 15 the words twenty-five dollars and inserting in lieu thereof the words two hundred dollars, so that when so amended section 15 shall read as follows: Section 15. And be it further enacted, That the commissioners of said town shall have power and authority to elect one of their members chairman of the board of commissioners, who shall have the same power and authority to enforce and have executed the ordinances and laws of said town, that all of said commissioners have in meeting assembled, and in the absence of said chairman, or his inability to act, the remaining commissioners may appoint a temporary chairman. That the chairman, or temporary chairman, shall have full power and authority, to hear evidence and try all persons charged with violation of the ordinances of said town; to, upon conviction, impose a fine not to exceed two hundred dollars. That in all cases where
Page 2422
any person or persons, citizens of said town, or who have property subject to taxation within the corporate limits of the same, shall fail, refuse, or neglect to pay the taxes, or fines imposed according to this act, the clerk of said board of commissioners shall issue execution for the same, which execution shall be signed by the clerk and bear teste in the name of the chairman, and be directed to the marshal of said town, and which execution shall bind all the property of the defendant, from the date thereof, and the cost shall be the same as on tax executions by the laws of this State, and the said marshal shall proceed to levy, advertise, and sell, in such manner as the ordinances of said town shall or may direct. Section 2. Said Act is further amended by striking from the second sentence of section 3 of an amendatory Act, approved August 19, 1911 (Ga. L. 1911, p. 1602), the words twenty-five dollars and inserting in lieu thereof the words two hundred dollars, so that when so amended said section 3 shall read as follows: Section 3. Be it further enacted, That said commissioners shall have power and authority to pass such ordinances as they may deem necessary to preserve the peace, health, good order and good government of the said town, and to enforce all ordinances by them adopted by such fines and penalties as may be prescribed by them in said ordinances, not inconsistent with the laws of the State of Georgia. Said fines not in any case to exceed the sum of two hundred dollars, and imprisonment not to exceed sixty days in the callaboose of said town, and work upon the streets of the said town not to exceed the term of sixty days, any one or all, or said ordinance may prescribe. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of Tunnell
Page 2423
Hill, approved March 4, 1856 (Ga. L. 1855-56, p. 371), as amended, so as to increase the maximum amount of the fine which may be levied for violating a city ordinance; and for other purposes. This 28th day of December, 1967. /s/ Jack H. Cole Representative, 3rd District Seat No. 1 /s/ Virgil T. Smith Representative, 3rd District Seat No. 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil T. Smith who, on oath, deposes and says that he is Representative from the 3rd District, 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 Whitfield County, on the following dates: December 29, 1967 and January 5 and 12, 1968. /s/ Virgil T. Smith Representative, 3rd District Sworn to and subscribed before me this 5 day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2424
TOOMBS COUNTYNAMED OFFICERS PLACED ON SALARY BASIS. No. 786 (House Bill No. 1272). An Act to abolish the present mode of compensating the clerk of the superior court, the ordinary, the tax collector and the tax receiver of Toombs 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 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 ordinary, the tax collector and the tax receiver of Toombs County, known as the fee system, is hereby abolished, and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Salary basis. Section 2. The clerk of the superior court shall receive an annual salary of $11,000.00 payable in equal monthly installments from the funds of Toombs County. Clerk of superior court. Section 3. The ordinary shall receive an annual salary of $9,000.00, payable in equal monthly installments from the funds of Toombs County. Ordinary. Section 4. The tax collector shall receive an annual salary of $11,000.00, payable in equal monthly installments from the funds of Toombs County. Tax collector. Section 5. The tax receiver shall receive an annual salary of $6,000.00, payable in equal monthly installments from the funds of Toombs County. Tax receiver.
Page 2425
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 hold the same in trust for said county as public monies and shall pay the same to the county commissioners once each week on a day to be determined by the board of commissioners of Toombs County. At the time of each such weekly payment to the county commissioners, each of said officers shall furnish the said commissioners a detailed, itemized statement of all such funds received during the preceding week by such officer. 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 collector 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 collector. Section 8. The above named officers shall have the authority to appoint such deputies, clerks, assistants and other personnel as they shall each deem necessary to efficiently and effectively discharge the official duties of their respective offices. Each of said officials shall, from time to time, recommend to the governing authority of said county the number of such 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 governing authority of Toombs County to fix the compensation to be received by each employee in said offices. It shall be
Page 2426
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. Deputies, etc. 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 Toombs 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 Toombs County. Office expenses. Section 10. The clerk of the Toombs County Superior Court, the ordinary of Toombs County and the tax collector of Toombs County shall each be bonded in the amount of $25,000.00. Bonds. Section 11. The provisions of this Act shall become effective on December 31, 1968. Effective date. 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 regular 1968 Session of the General Assembly of Georgia, a bill to place the tax collector on an annual salary; to place the tax receiver on an annual salary; to provide that the county commissioners shall provide and pay the necessary help for these offices; to provide an effective date; to provide for the abolition of the offices of tax collector and tax receiver; to provide an effective date; to create the office of tax commissioner as of that date; to provide for a salary
Page 2427
for the tax commissioner; to provide that the county commissioners shall provide and pay the necessary help for these offices; to repeal conflicting laws; and for other purposes. This 10th day of January, 1968. John F. Collins Representative 62nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Collins who, on oath, deposes and says that he is Representative from the 62nd District, 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 Toombs County, on the following dates: January 18, 25 and February 1, 1968. /s/ John F. Collins Representative, 62nd District Sworn to and subscribed before me this 2nd day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1968 Session of the General Assembly of Georgia, a bill to place the clerk of the superior court on an annual salary; to provide an effective date; to provide that the county commissioners shall provide and pay the necessary help for this office; to repeal conflicting laws; and for other purposes. This 10th day of January, 1968. John F. Collins Representative 62nd District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Collins who, on oath, deposes and says that he is Representative from the 62nd District, 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 Toombs County, on the following dates: January 18, 25 and February 1, 1968. /s/ John F. Collins Representative, 62nd District Sworn to and subscribed before me this 2nd day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1968 Session of the General Assembly of Georgia, a bill to place the ordinary of Toombs County on a salary; to provide an effective date; to provide that the county commissioners shall provide and pay the necessary help for this office; to repeal conflicting laws; and for other purposes. This 10th day of January, 1968. John F. Collins Representative 62nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Collins who, on oath, deposes and says that he is Representative from the 62nd District, and that the attached copy of notice of
Page 2429
intention to introduce local legislation was published in The Lyons Progress which is the official organ of Toombs County, on the following dates: January 18, 25 and February 1, 1968. /s/ John F. Collins Representative, 62nd District Sworn to and subscribed before me this 2nd day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. DOOLY COUNTYSMALL CLAIMS COURT CREATED. No. 787 (House Bill No. 1273). An Act to create the Small Claims Court of Dooly County; to provide for the appointment, duties, powers, compensation, qualifications and term of office of the judge of such court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Small Claims Court of Dooly County. Said court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed four hundred ($400.00) dollars, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and,
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in addition to the powers herein specifically granted, shall include powers granted to justices of the peace by the laws of the State of Georgia. Created jurisdiction. Section 2. The Governor shall appoint a resident of Dooly County to serve as judge of any said court for a four-year term beginning from the time of his appointment. Judge. Section 3. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 4. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Compensation. Section 5. Actions shall be commenced by the filling of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Procedure. (a) A copy of the verified statement of claims, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by an official or person authorized by law to serve process of the Superior Court of Dooly County; or by registered mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (b) When notice is to be served by registered mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith,
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noting on the record the day and hour of mailing. If such receipt is returned, the clerk shall attach the same to the original statement of claim, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered mail the date of mailing shall be the date of service. Section 6. A docket shall be maintained in which shall be indicated every preceeding and ruling had in each case. Docket. Section 7. The plaintiff, when he files his claim, shall deposit with the court the sum of five ($5.00) dollars, which shall cover all costs of the proceeding except of service of the notice other than by registered mail and as hereinafter provided, and the deposit of costs in cases of attachment, garnishment or trover shall be seven dollars and fifty cents ($7.50). If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs, etc.
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Section 8. (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. Conciliation, trial, etc. (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 9. 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 10. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments. Section 11. The judge of the Superior Court of Dooly County may from time to time make rules for a simple, inexpensive,
Page 2433
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 accompish the purposes hereof. Section 12. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses. Jury trials. Section 13. Judgments of the court 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 of Dooly 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 14. Appeals may be had from judgments returned in said court, to the Superior Court of Dooly County, 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 15. Until otherwise provided by rules of the 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 forms of summons now provided by law:
Page 2434
Page 2435
Section 16. The judge appointed at the time this Act becomes effective shall continue to serve until the expiration of his term of appointment and his successors shall be appointed by the then Governor of Georgia for succeeding terms of four years each, and until their successors are appointed and qualified. Judges. Section 17. All forms, docket books, file jacket, filing cabinets and the like, required by this Act shall be furnished by the governing authority of Dooly County. Dockets, etc. Section 18. 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 1968 Session of the General Assembly of Georgia, a bill to create the Small Claims Court of Dooly County; to provide for the jurisdiction, practice, pleading and personnel of said court; to provide the procedure connected therewith; and for other purposes. This 26th day of December, 1967. Rooney L. Bowen
Page 2436
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney L. Bowen who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of notice of intention to introduce local legislation was published in the Vienna News which is the official organ of Dooly County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ Rooney L. Bowen Representative, 69th District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TOOMBS COUNTYCOMPENSATION OF SHERIFF. No. 788 (House Bill No. 1274). An Act to amend an Act entitled An Act to place the sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation; to provide for the manner of fixing said salary; to provide for arbitration in the event of disputes concerning said salary; to provide for fiscal matters; to provide for budgets; to provide for emergencies; to provide for the preparation and submission of budgets; to provide for personnel and their compensation; to provide for the disposition of fees previously allowed the sheriffs; to provide for an effective date; to repeal conflicting laws; and for other purposes., approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2100), so as to change the salary of the sheriff of Toombs County;
Page 2437
to remove certain provisions relating to the method for determining the salary of the sheriff of Toombs County; to provide that the sheriff shall not receive expenses for a turnkey; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to place the sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation; to provide for the manner of fixing said salary; to provide for arbitration in the event of disputes concerning said salary; to provide for fiscal matters; to provide for budgets; to provide for emergencies; to provide for the preparation and submission of budgets; to provide for personnel and their compensation; to provide for the disposition of fees previously allowed the sheriffs; to provide for an effective date; to repeal conflicting laws; and for other purposes., approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2100), 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 shall receive twelve thousand ($12,000) dollars per annum as full compensation for his services, payable in equal monthly installments from funds of Toombs County. Salary. Section 2. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4, to read as follows: Section 4. The sheriff shall not receive funds for maintaining a turnkey. Turnkey. Section 3. Said Act is further amended by inserting in section 5, after the sentence which reads as follows: Not later than January 20 of each year following the submission of said budget, the governing authority may amend, modify, increase or reduce any or all items of expenditure in the proposed budget., Budget.
Page 2438
the following: Provided, however, the sheriff's salary shall not be subject to modification by the governing authority of Toombs County., so that when so amended section 5 shall read as follows: Section 5. The fiscal year of the sheriff of Toombs County shall commence on January 1 and end on December 31 of each year. No later than June 15 of each year, except in those years in which the sheriff is elected and in that year by December 1, the sheriff shall certify to the governing authority of Toombs County a proposed budget of expenditures for carrying out the powers, duties and operations of his office for the ensuing fiscal 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: (a) Salary of the sheriff. (b) Salaries of deputies and assistants. (c) Expenses, other than salaries. (d) Equipment. (e) Investigations. (f) Such other items as may be required by the governing authority. The sheriff shall furnish the governing authority of Toombs County all relevant and pertinent information concerning expenditures made in previous years and to the proposed expenditures which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the county may
Page 2439
require the sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than January 20 of each year following the submission of said budget, the governing authority may amend, modify, increase or reduce any or all items of expenditure in the proposed budget. Provided, however, the sheriff's salary shall not be subject to modification by the governing authority of Toombs County. Said budget as fixed by the governing authority shall be the budget for the sheriff's office 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 procedures prescribed for other purchases made by the county. Section 4. This Act shall become effective December 31, 1968. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1968 Session of the General Assembly of Georgia, a bill to provide for discontinuing the payment of turnkeys to the sheriff; to change the compensation of the sheriff of Toombs County; to repeal conflicting laws; and for other purposes. This 10th day of January, 1968. John F. Collins Representative 62nd District Georgia, Fulton County. Personally appeared before me, the undersigend authority, duly authorized to administer oaths, John F. Collins who, on oath, deposes and says that he is Representative from the 62nd District, and that the attached copy of notice of intention to introduce local legislation was published in The
Page 2440
Lyons Progress which is the official organ of Toombs County, on the following dates: January 18, 25 and February 1, 1968. /s/ John F. Collins Representative, 62nd District Sworn to and subscribed before me this 2nd day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. COLUMBIA COUNTYAUTHORITY TO CONSTRUCT STREETS, SIDEWALKS, ETC. No. 789 (House Bill No. 1297). An Act to empower the governing authority of Columbia County to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the cost thereof against the abutting property owners; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to an amendment to Article VII, Section IV, Paragraph II of the Constitution found in Georgia Laws 1966, p. 858, which was ratified at the November, 1966 General Election, the governing authority of Columbia County is hereby empowered to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the cost thereof pro rata against the abutting property owners, provided the owners of 75 percent of the property abutting such improvements shall consent thereto
Page 2441
on forms to be prescribed by the governing authority. The governing authority is also empowered to provide for the issuance and enforcement of execution for the collection of such assessments and the creation of liens thereby against the abutting property. The power granted to the governing authority herein shall only be effective in those areas of the county where the property has been subdivided into lots having 350 feet of street frontage or less. 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 regular 1968 Session of the General Assembly of Georgia, a bill to implement the provisions of a constitutional amendment proposed at the 1966 Session of the General Assembly, relating to authorizing the governing authority of Columbia County to construct or repair streets, sidewalks and sewer mains and to make assessments for the cost of such construction and repair; and for other purposes. This 12th day of January, 1968. Representative Glenn S. Phillips 41st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn S. Phillips who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of notice of intention to introduce local legislation was published in the Columbia News which is the official organ of Columbia County, on the following dates: January 18, 25 and February 1, 1968. /s/ Glenn S. Phillips Representative, 41st District
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Sworn to and subscribed before me this 6 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. GLASCOCK COUNTYCOMPENSATION OF TREASURER. No. 790 (House Bill No. 1304). An Act to amend an Act fixing the salary of the treasurer of Glascock County, approved August 4, 1917 (Ga. L. 1917, p. 363), as amended by an Act approved February 8, 1945 (Ga. L. 1945, p. 558), so as to change the compensation of the treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the salary of the treasurer of Glascock County, approved August 4, 1917 (Ga. L. 1917, p. 363), as amended by an Act approved February 8, 1945 (Ga. L. 1945, p. 558), is hereby amended by striking from section 1, wherever the same shall appear, the following: five hundred ($500.00) dollars and substituting in lieu thereof the following: twelve hundred ($1200.00) dollars so that when so amended section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and immediately upon the passage and approval of this Act, the treasurer of Glascock County, State of Georgia, shall be paid a salary of twelve hundred ($1200.00) dollars per annum, for his services as such treasurer, and he shall not receive any fees, or other compensation
Page 2443
from said office, and the said salary of twelve hundred ($1200.00) dollars shall be paid said treasurer in monthly or quarterly installments pro rata, as may be agreed upon by said treasurer and the county commissioner of Glascock County, or said treasurer may waive his right to have said salary paid him monthly, or quarterly and to receive said salary at the end of each year at his option. Section 2. The provision of this Act shall become effective on January 1, 1969. 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 pursuant to the request of the commissioners of roads and revenues of Glascock County, there will be introduced at the regular 1968 Session of the General Assembly of Georgia bills to change the compensation of the county treasurer of Glascock County, the tax commissioner of Glascock County and the commissioners of roads and revenues of Glascock County; to provide the procedures connected with the foregoing; and for other purposes. This 12 day of January, 1968. Bobby W. Johnson Representative, 40th District Hubert Hughes Commissioner John Hammond Usry Commissioner H. H. Hawkins Commissioner Georgia, Glascock County. This is to certify that the legal notice attached hereto has been published in the: Gibson Record Guide, legal organ for Glascock County, the following dates, to-wit: Jan. 19, 1968; Jan. 26, 1968; Feb. 2, 1968.
Page 2444
Sworn to on the 5th day of February, 1968. /s/ Alva L. Haywood Publisher Sworn to and subscribed before me on the 5th day of February, 1968. /s/ Latrelle S. Smith Notary Public. My Commission expires May 3rd, 1969. (Seal). Approved March 21, 1968. GLASCOCK COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 791 (House Bill No. 1305). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Glascock, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, particularly by an Act approved March 24, 1965 (Ga. L. 1965, p. 2460), so as to change the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Glascock, approved February 8, 1945 (Ga. L. 1945, p. 569), as amended, particularly by an Act approved March 24, 1965 (Ga. L. 1965, p. 2460), is hereby amended by striking from section 5, wherever the same shall appear, the symbol and figure $600.00 and substituting in lieu thereof the symbol and figure $900.00, so that when so amended section 5 shall read as follows:
Page 2445
Section 5. Be it further enacted by the authority aforesaid that the chairman of said board shall receive a salary of $900.00 per annum and the other two commissioners shall receive a salary of $900.00 per annum, each, to cover all services in connection with the regular and special meetings of the board to be paid in monthly installments in the discretion of the board from funds in the county treasury, as other expenses of the county are paid. Section 2. The provisions of this Act shall become effective on January 1, 1969. 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 pursuant to the request of the commissioners of roads and revenues of Glascock County, there will be introduced at the regular 1968 Session of the General Assembly of Georgia bills to change the compensation of the county treasurer of Glascock County, the tax commissioner of Glascock County and the commissioners of roads and revenues of Glascock County; to provide the procedures connected with the foregoing; and for other purposes. This 12 day of January, 1968. Bobby W. Johnson Representative, 40th District Hubert Hughes Commissioner John Hammond Usry Commissioner H. H. Hawkins Commissioner
Page 2446
Georgia, Glascock County. This is to certify that the legal notice attached hereto has been published in the: Gibson Record Guide, legal organ for Glascock County, the following dates, to-wit: Jan. 19, 1968; Jan. 26, 1968; Feb. 2, 1968. Sworn to on the 5th day of February, 1968. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me on the 5th day of February, 1968. /s/ Latrelle S. Smith. Notary Public. My Commission expires May 3rd, 1969. (Seal). Approved March 21, 1968. CANDLER COUNTY BOARD OF EDUCATION, REFERENDUM. No. 792 (House Bill No. 1318). An Act to create a new board of education of Candler County; to provide for the membership of said board; to provide for education districts; to provide for the election of the chairman and members of said board; to provide the qualifications for members of said board; to provide for the filling of vacancies; to provide that the present board of education of Candler County shall stand abolished on a certain date and that said new board shall be the successor to said abolished board and shall be subject to all provisions of law relative to county boards of education; to provide that the members shall receive the compensation as is now or may hereafter be provided by law for members of county boards of education; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a new board of education of Candler County which shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Candler County, Candler County shall be divided into five education districts as follows: Education districts. Education District 1 shall be composed of all that territory within Candler County embraced within G.M.D. No. 1736 (Aline) and G.M.D. No. 1737 (Evergreen). Education District 2 shall be composed of all that territory within Candler County embraced within G.M.D. No. 1733 (Lanier) and G.M.D. No. 1734 (Olivetown.) Education District 3 shall be composed of all that territory within Candler County embraced within G.M.D. No. 1735 (Pulaski). Education District 4 shall be composed of all that territory within Candler County embraced within G.M.D. 1685 (Metter). Education District 5 shall be composed of the entire territory of Candler County. Section 2. There shall be elected to the board of education of Candler County one member from each of said education districts. Candidates may not offer for election to said board from any district other than the district in which their legal residence lies. The candidates for membership on said board of education shall specify the education district for which each candidate is offering. The person representing education district 5 shall be the chairman of the board of education of Candler County, and candidates from said education district 5 shall offer as a candidate for chairman of said board of education of Candler County. All members shall be elected by the voters of the entire county by receiving a majority of the votes cast for each post at the election hereinafter provided for. Members, chairman.
Page 2448
Section 3. No person shall be eligible to represent an education district unless he is at least 21 years of age, of good moral character, a freeholder and has never been convicted of any crime involving moral turpitude, and has been a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the education district he represents, his place on the board shall immediately become vacant. Qualifications, vacancies. Section 4. At the general election to be held in November, 1968, the five members of the board of education of Candler County shall be elected for terms as hereinafter provided. The three members elected from education districts 1, 3 and 5 shall be elected for initial terms of two years and until their successors are elected and qualified. The two members elected from education districts 2 and 4 shall be elected for terms of four years and until their successors are elected and qualified. All members elected at said general election held in November, 1968, shall take office on January 1, 1969. Thereafter all members shall be elected at the general election immediately preceding the expiration of their terms for terms of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. Elections, terms. Section 5. In the event a vacancy occurs on the board for any reason other than the expiration of the term of office, the remaining members of said board shall elect a person who shall be a resident of the education district in which the vacancy occurs to serve for the unexpired term. In the event a vacancy occurs in the office of chairman of said board, the remaining members shall elect a person from the county at large to serve as a member of said board until the expiration of the term of the chairman. After electing a person from the county at large to serve as a member of said board, the board shall then elect one of their number as chairman of the board of education for the unexpired term. Vacancies. Section 6. The present board of education of Candler County shall continue in existence through December 31,
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1968, but the terms of all members of such board shall expire at that time and such board shall stand abolished. The board created herein shall be the successor to such abolished board and shall be subject to all provisions of law relative to county boards of education, except those provisions of law which are in conflict with the provisions of this Act. The members of said new board of education shall receive the compensation as is now or may hereafter be provided by law for members of county boards of education. Present board. Section 7. 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 Candler County to issue the call for an election for the purpose of submitting this Act to the voters of Candler County for approval or rejection. The ordinary shall set the date of such election for May 7, 1968. 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 Candler County. The ballot shall have written or printed thereon the words: For approval of the Act creating a new Board of Education of Candler County. Referendum. Against approval of the Act creating a new Board of Education of Candler 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 Candler 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 special 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 2450
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill, which will be subject to the approval of the voters of Candler County in a referendum, to provide for the election of the board of education of Candler County in lieu of the present method of the selection of the board by the grand jury; to provide the procedure connected therewith; and for other purposes. This 8th day of January, 1968. Hines Brantley Rep. 63rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hines Brantley who, on oath, deposes and says that he is Representative from the 63rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 18, 25 and February 1, 1968. /s/ Hines L. Brantley Representative, 63rd District Sworn to and subscribed before me this 7th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2451
CLAYTON COUNTYREGULATION AND CONTROL OF JUNKYARDS. No. 793 (House Bill No. 1331). An Act to authorize the governing authority of Clayton County to adopt ordinances and regulations to regulate and control junkyards along certain highways in Clayton County; to provide for the issuance of rules and regulations by the governing authority of Clayton County concerning junkyards; to provide for the determination of junkyards to be nuisances and remedies therefor; to authorize the governing authority of Clayton County to provide for penalties for violations of such ordinances and regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Clayton County is hereby authorized to adopt ordinances and regulations to regulate and control junkyards along highways in Clayton County which are not a part of the Federal Interstate or primary system of highways, as defined and provided for in Title 23 of the United States Code, for the purpose of protecting and preserving the health, safety, and welfare of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State or the United States. Control of junkyards. Section 2. The governing authority of Clayton County is further authorized to promulgate rules and regulations governing the location of junkyards in Clayton County. Any junkyard which cannot be made to conform to the ordinances and regulations adopted by the governing authority of Clayton County is declared to be a public and private nuisance and may be forthwith removed, obliterated or abated by the governing authority of Clayton County. The governing authority of Clayton County may collect the costs of such removal, obliteration, or abatement from the person owning or operating such junkyard. Same.
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Section 3. The governing authority of Clayton County is further authorized to provide penalties for the violation of such ordinances and regulations not in conflict with the general laws of this State or the United States. Penalties. 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 1968 Session of the General Assembly of Georgia a bill amending the laws pertaining to the powers, duties and authority of the commissioners of roads and revenue of Clayton County, Georgia. This the 11th day of January, 1968. John R. McCannon County Attorney Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arch Gary who, on oath, deposes and says that he is Representative from the 35th District, 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 Clayton County, on the following dates: January 18, 25th and February 1st, 1968. /s/ Arch Gary Representative, 35th District Sworn to and subscribed before me, this 7th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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McINTOSH COUNTYSHERIFF'S EXPENSE ALLOWANCE, ETC. No. 794 (House Bill No. 1345). An Act to amend an Act abolishing the fee system of compensating the clerk of the superior court, sheriff and tax commissioner of McIntosh County and providing in lieu thereof annual salaries for such officers, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended, by an Act approved April 6, 1967 (Ga. L. 1967, p. 3003), so as to change the amount of the expense allowance received by the sheriff; to change the number of full-time deputies that the sheriff shall be authorized to employ; to change the provisions relating to the compensation of the full-time and part-time deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the clerk of the superior court, sheriff and tax commissioner of McIntosh County and providing in lieu thereof annual salaries for such officers, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended, by an Act approved April 6, 1967 (Ga. L. 1967, p. 3003), is hereby amended by striking from section 2 the figure $600.00 and inserting in lieu thereof the figure $3,600.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $7,800.00, payable in equal monthly installments from the funds of McIntosh County, and shall also receive an expense allowance of $3,600.00 per annum payable in equal monthly installments from the funds of McIntosh County. Sheriff's expense allowance. Section 2. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. The sheriff shall be authorized to employ three full time deputies and to fix their compensation at not to exceed $6,000.00 per annum, with the approval of
Page 2454
the governing authority of McIntosh County, payable in equal monthly installments from the funds of McIntosh County for each such deputy. The sheriff shall also be authorized to employ two part time deputies when, in his discretion, he deems such part time deputies necessary to carry out the official duties of his office. The governing authority of McIntosh County may fix the compensation of such part time deputies at not to exceed $2,400.00 per annum, payable monthly from the funds of McIntosh County for each such deputy. The funds authorized by this Section shall be available and shall be used only for the purposes herein provided. Such full time deputies and part time deputies shall serve at the pleasure of the sheriff. Deputy sheriffs, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be introduced at the 1968 Session of the General Assembly of Georgia to change the compensation of the sheriff and deputy sheriffs of McIntosh County and for other purposes. Charles M. Jones Representative, 76th District of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Jones who, on oath, deposes and says that he is Representative from the 76th District, 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 McIntosh County, on the following dates: January 18, 25, and February 1, 1968. /s/ Charles M. Jones Representative, 76th District
Page 2455
Sworn to and subscribed before me, this 8th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. CITY OF ALBANYCONTRIBUTIONS TO EMPLOYEES' PENSION FUND. No. 795 (House Bill No. 1347). An Act to amend an Act approved February 16, 1943 (Ga. L. 1943, p. 1154), entitled An Act to provide and empower the City of Albany, Georgia to furnish aid and relief and to grant pensions to all employees of said city; and for other purposes, and Acts amendatory thereof approved February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2098), and February 18, 1959 (Ga. L. 1959, p. 2027), so as to increase the amount which the City of Albany may levy and assess against the salaries of employees to fund the cost of pensions; to increase the maximum annual contribution of the city to the pension fund; 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. Section 5 of Act No. 105 of 1943, approved February 16, 1943 (Ga. L. 1943, 1154), as amended, by Act No. 27 of 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2098), and as amended by Act No. 47 approved February 18, 1959 (Ga. L. 1959, p. 2027), 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. The City of Albany, Georgia, is authorized and empowered to levy and collect a tax on the salaries of
Page 2456
all its employees in all departments covered by the terms of this Act not to exceed $8.00 per month per employee plus 5-1/2% of the amount of the monthly salary earned by each employee in excess of $416.00 per month and the city treasurer or some other authorized person shall retain such sums from the salaries of said employees. Said City of Albany is authorized and empowered to levy a tax on all taxable property of said city ad valorem, and to use other available funds of the city for the purpose of paying said pensions and other benefits under the pension system, and for making the payments and contributions into the pension fund as hereinafter provided. Said city shall contribute to the pension fund an amount equal to all revenue raised or received from city employees by reason of the tax herein levied against the salaries of said employees, and in addition is authorized and empowered to make a contribution each year to said pension fund not to exceed $30,000.00 in any calendar year, the amount within said limits to be determined by the board of city commissioners of said city; but if no such contribution is made in any year, the amount which said city may contribute to said fund may be, in the discretion of said board of city commissioners, cumulative. All of said funds shall be turned over to the city treasurer, and shall be kept in a separate fund and disbursed under the terms of the Act, and all valid ordinances passed and adopted pursuant thereto; provided, however, said funds and investments may also be from time to time turned over to and placed in the custody of any bank or trust company which is, at the time, serving as fiscal agent or expert for said city. Section 2. All laws and parts of laws in conflict with the Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced for passage at the ensuing 1968 term of the General Assembly of Georgia a bill to amend Section 5 of Ga. L. 1943, p. 1154, as amended by Ga. L. 1953, p. 2098, and Ga. L. 1959, p. 2027, so as to increase the amount which the City of
Page 2457
Albany is authorized and empowered to levy and collect from employes to fund pensions, and to increase the limitation on city contributions for said purpose. This 3rd day of January, 1968. James V. Davis Mayor, City of Albany, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 79th District, 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 Dougherty County, on the following dates: January 5, 12 and 19, 1968. /s/ Colquitt H. Odom Representative, 79th District Sworn to and subscribed before me, this 8th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. CITY OF AUGUSTAINVESTMENT OF PENSION FUNDS. No. 796 (House Bill No. 1356). An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an act approved January 31, 1798 (Ga. L. 1798) as amended by
Page 2458
the various amendatory Acts thereof and especially as amended by an act approved February 25, 1949 (Ga. L. 1949, p. 1070 et seq.) entitled Augusta Retirement System as subsequently amended, so as to provide that the pension funds held by the custodian thereof may be invested in corporate bonds and debentures rated as AA or better, or in lieu thereof, in bonds and debentures of the type in which domestic Life Insurance Companies are permitted to invest under the laws of Georgia; to provide further for a maximum amount which can be invested in the bonds and debentures of any one corporation; to provide further for a pension fund investment committee which shall authorize and approve the investment of all pension funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same; Section 1. That the charter of the City of Augusta, incorporated as the city council of Augusta, by an act approved January 31, 1798 (Ga. L., 1798), as amended by the various amendatory acts thereof, and especially as amended by an act approved February 25, 1949 (Ga. L., 1949, p. 1070 et seq.) entitled Augusta Retirement System as subsequently amended, is hereby further amended as follows: Section 2. That there is hereby deleted from section III of said act, on page 1073 of Georgia Laws 1949, the following sentence: The Comptroller shall be the Custodian of such fund and shall deposit the same in a bank or banks and shall invest any portions thereof not immediately needed for the payment of pensions in securities approved by law for the investment of trust funds.; Repealed. and there is substituted therefor the following: The comptroller shall be the custodian of such fund and shall deposit the same in a bank or banks, and, pursuant to
Page 2459
the direction of the pension fund investment committee, which committee shall consist of the chief executive officer of the city, the comptroller and the chairman of the finance committee of the city council of Augusta, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and in addition thereto, in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa) or AA (Aa), or in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of section 56-1016 of the Code of Georgia of 1933, as amended by an act approved March 8, 1960 (Ga. L. 1960, pp. 289, 479). The amount of the pension fund which may be invested in the bonds and debentures of any one corporation may not exceed 10% of the total amount of such fund then outstanding. Section 3. That all laws and parts of laws in conflict with this act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly of Georgia a bill to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved January 31, 1798 (Ga. L., 1798), as amended by the various amendatory acts thereof, and especially as amended by an act approved February 25, 1949 (Ga. L. 1949, p. 1070 et seq.) entitled Augusta Retirement System, as subsequently amended, so as to provide that the pension funds held by the custodian thereof may be invested in such investments as domestic life insurance companies are permitted to make under the law of Georgia; and further so as to provide for a pension fund investment committee, consisting of the mayor, the comptroller and the chairman
Page 2460
of the finance committee of the city council of Augusta, which Committee shall authorize and approve the investment of all pension funds; to repeal conflicting laws; and for other purposes. Samuel C. Waller City Attorney The City Council of Augusta State of Georgia, Richmond County. Personally appeared, W. S. Morris III, who being duly sworn says that he is the president 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 attached hereto duly appeared in said newspaper on the following dates to wit: January 6, 13 20, 1968. /s/ W. S. Morris, III President Publisher Sworn to and subscribed before me, this 20th day of January, 1968. /s/ Katie Broadwater Notary Public, Richmond County, Ga. (Seal). Approved March 21, 1968. MACON COUNTYSALARY OF ORDINARY. No. 797 (House Bill No. 1364). An Act to amend an Act providing that the ordinary of Macon County be placed on a salary in lieu of fees, approved March 3, 1964 (Ga. L. 1964, p. 2364), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2534), so as to change the compensation of the said
Page 2461
ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the ordinary of Macon County be placed on a salary in lieu of fees, approved March 3, 1964 (Ga. L. 1964, p. 2364), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2534), is hereby amended by striking from section 2 the words and figures forty four hundred dollars ($4400.00), and inserting in lieu thereof the words and figures five thousand dollars ($5,000.00), so that when so amended section 2 shall read as follows: Section 2. The ordinary of Macon County shall receive a salary of five thousand dollars ($5,000.00) 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-officio judge of any court or not. Salary. Section 2. The provisions of 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. Effective date. Section 3. Al laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Macon County. Notice is hereby given of an intention to apply at the current session of the General Assembly of Georgia, at the request of the board of commissioners of Macon County for the passage of a local bill changing and increasing the annual salary of the ordinary of Macon County and for other purposes.
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This 8th day of January, 1968. S/ Carl P. Savage, Sr. Carl P. Savage, Sr., Representative, Macon County, Georgia Wm. T. Roberts, County Attorney Macon County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl P. Savage, Sr. who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of notice of intention to introduce local legislation was published in the Citizen Georgian which is the official organ of Macon County, on the following dates: January 11, 18, 25, 1968. Carl P. Savage, Sr. Representative, 58th District Sworn to and subscribed before me, this 7th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. HARRIS COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 798 (House Bill No. 1437). An Act to amend an Act creating a Small Claims Court in Harris County approved March 3, 1966 (Ga. L. 1966, p. 2986), so as to provide for the commencement of actions;
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to change the court costs; to provide than one or more deputy sheriffs may be appointed as bailiffs of said court; to provide for a trial by jury; to provide for compensation, qualifications, relations, selecting, empanelling and challenging jurors; to provide that judgment obtained in said court shall be liens upon the property of the defendants; to provide for the sale of personal property levied upon under process of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in Harris County approved March 3, 1966 (Ga. L. 1966, p. 2986), is hereby amended by striking in subsection (a) of section 6 the last sentence which reads as follows: 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., Repealed. so that when so amended subsection (a) of section 6 shall read as follows: Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise from and free 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. Section 2. Said Act is further amended by striking in subsection (g) of section 6 the words which read as follows: five nor more than fifteen days, and inserting in lieu thereof the words which read as follows: ten nor more than thirty days, so that when so amended subsection (g) of section 6 shall read as follows:
Page 2464
(g) Said notice shall provide the day and hour of the hearing, which shall not be less than ten nor more than thirty 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. Hearings. Section 3. Said Act is further amended by adding to section 6 a new subsection to be known as subsection (h) to read as follows: (h) The general laws of this State in regard to commencement of actions in the superior courts and defenses thereto, of whatever nature, the pleadings, the method of procedure, and practice therein, and in regard to the examination of parties to suits or witnesses, by interrogatories or under subpoena, witnesses and their attendances, continuances, amendments, charge of the court, granting new trials, and other matters of a judicial nature within the jurisdiction of said court, shall be applicable to said court, except as otherwise provided in this Act. Procedure. Section 4. Said Act is further amended by striking in section 8 in the second line the words and figure which read as follows: five dollars ($5.00), and inserting in lieu thereof the words and figure which read as follows: ten dollars ($10.00), by striking in Section 8 the words and figure which read as follows: seven dollars and fifty cents, ($7.50), and inserting in lieu thereof the words and figure which read as follows: twelve dollars and fifty cents ($12.50), and by striking in section 8 in the twelfth line the words and figure which read as follows:
Page 2465
five dollars ($5.00), and inserting in lieu thereof the words and figure which read as follows: seven dollars and fifty cents ($7.50), so that when so amended section 8 shall read as follows: Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of ten dollars ($10.00), which shall cover all costs of the proceding 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 twelve dollars and fifty cents ($12.50); 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 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 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, etc. Section 5. Said Act is further amended by inserting in section 14 between the words more and bailiffs the following: deputy sheriffs of Harris County as, so that when so amended section 14 shall read as follows: Section 14. The judge of such court shall have the power to appoint one or more deputy sheriffs of Harris County as bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated
Page 2466
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 of malfeasance in office as are other lawful constables of this State. Bailiffs. Section 6. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15 to read as follows: Section 15. (a) It shall be the duty of the clerk of said court to prepare and file in his office from the list of traverse jurors of the Harris Superior Court, as provided from time to time for such superior court, a list of the traverse juors appearing thereon, who are residents of Harris County; and from said list so prepared traverse jurors in said court shall be drawn in the following manner: The clerk of said court shall write upon separate tickets the names of such traverse jurors, and shall number the same and place them in a box prepared for that purpose, and from it shall be drawn by the judge of said court, at least five days before the jury is to serve, twelve traverse jurors, in the manner prescribed by law in said superior court. Jurors, etc. (b) Every civil case in said court shall be tried by the judge thereof, without a jury, unless a written demand for trial by jury is filed in said court by either party or his counsel on or before the day upon which the return day of such case is fixed and such sum is deposited with the judge or his clerk as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Upon the failure of either party to demand a trial by jury, he shall be held to have waived such right. When neither party demands a trial by jury, the judge of said court shall have
Page 2467
the right, on his own motion and within his discretion, to refer any case involving an issue of fact for trial by jury, in the same manner as if demanded by either party thereto. (c) All laws with reference to the drawing, qualifications, relations, empanelling and challenging jurors in the superior courts of this State shall apply to said court except where in conflict with the terms of this Act, and traverse jurors shall be paid the same compensation and in the same manner as traverse jurors in the superior court of Harris County. The judge or clerk shall have the power to subpoena jurymen and witnesses. (d) In all jury trials in said court there shall be a jury of six, and from said panel of twelve traverse jurors drawn and summoned by the provisions of this Act, the judge of said court shall cause to be made up two juries, and all cases and issues to be tried by jury at such term of said court shall be tried by one of these juries, or by a jury stricken therefrom by both plaintiff and defendant, each being entitled to three preemptory challenges. In the event said panel should be reduced from twelve for any cause, the judge of said court shall have power to fill it out by causing talesmen to be summoned instanter; provided, however, that it shall be in the power of said judge to cause to be drawn a panel of eighteen jurors, from which panel three juries shall be made up, if in his discretion the business of said court justifies such action. Section 7. Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. (a) All judgments obtained in said court shall be liens upon the property belonging to the defendant, to the same extent and upon the same conditions as judgments of the superior courts of this State; provided, however, no filing or docketing in said court shall constitute notice to third parties, and that no execution issued from said court shall constitute notice to third parties, unless and until the same is duly filed on the general execution docket of the appropriate superior court. Judgments, etc.
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(b) All sales of personal property levied upon under process of said court shall take place at the courthouse door in Harris County, the usual place of holding sheriff's sales, during the legal hours of sale, at public outcry, on the Monday next following ten days' advertisement by notice posted in three public places in Harris County, one of which shall be at the courthouse door; which advertisement shall describe the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales shall be conducted by a bailiff of said court; provided, however, that sales of perishable property and sales on the premises where property is seized may be made as provided by law; and provided, further, that in all cases where real estate is levied upon under a process from said court, the subsequent proceedings shall conform to the laws governing the sale of real estate. 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 a Bill will be introduced in the 1968 Session of the General Assembly of Georgia to amend the act of legislation creating and relating to the Small Claims Court in Harris County, to provide the manner in which action shall be commenced, the service of notice of hearings and other provisions regarding the pleading, or procedure and practice therein. This 20 day of January 1968. Zade Kenimer Judge of said Court 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 the 100th District, and that the attached copy of notice of intention to introduce local legislation was published
Page 2469
in the Harris County Journal which is the official organ of Harris County, on the following dates: January 25, February 1, 8, 1968. /s/ William Burton Steis Representative, 100th District Sworn to and subscribed before me this 9th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. PEACH COUNTYORDINARY PLACED ON SALARY BASIS. No. 799 (House Bill No. 1443). An Act to place the ordinary of Peach 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: Section 1. After the effective date of this Act, the ordinary of Peach County shall be compensated by an annual salary, to be fixed as provided for hereinafter, in lieu of the fee system of compensation. The annual salary provided for hereinafter shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever
Page 2470
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 are 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 Peach 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 $9,500.00, plus five percent thereof for each four-year period of service served in office by said officer after the effective date of this Act, not to exceed twenty percent of the base salary provided for herein. For the purposes of receiving longevity pay, as provided by this section, said officer may receive credit for one four-year period of service rendered in such office prior to January 1, 1969. Salary, etc. 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, but within thirty days after the approval of this Act for the initial budget, recommend to the governing authority of Peach 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, 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 4. In the event the governing authority of Peach County shall refuse or fail to approve the budget, or in case
Page 2471
of a disagreement arising 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 Peach 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. Budget. 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 Peach 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 Peach County and all such records shall be open to the inspection of the public, the governing authority of Peach 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 the 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. Fees due. Section 7. The ordinary shall serve as the clerk of the board of commissioners of roads and revenues of Peach County, but he shall receive no additional compensation for his services as such. Duties. Section 8. The provisions of this Act shall become effective January 1, 1969, except for the provisions of section 3,
Page 2472
relating to the initial budget, which shall become effective upon the approval of this Act. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to place the Ordinary of Peach County upon an annual salary in lieu of the fee system of compensation; to provide the procedures connected therewith; to provide an effective date; and for other purposes. This 4th day of January, 1968. Daniel K. Grahl, Member of Georgia House of Representatives District No. 52 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 52nd District, 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 Peach County, on the following dates: January 11, 18, 25 and February 1, 1968. /s/ Daniel K. Grahl Representative, 52nd District Sworn to and subscribed before me this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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PEACH COUNTYTERMS OF COMMISSIONERS OF ROADS AND REVENUES. No. 800 (House Bill No. 1444). An Act to amend an Act creating a board of commissioners of roads and revenues for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), so as to stagger the terms of office of commissioner post No. 3; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Peach County, approved March 10, 1964 (Ga. Laws 1964, p. 2627), is hereby amended by adding after section 2 a new section to be known as section 2A and to read as follows: Section 2A. At the general election conducted in 1968, that candidate elected to post No. 3 (county at large) to take office on January 1, 1969, shall be elected for a two-year term of office instead of a four-year term. He shall serve until December 31, 1970. In the general election of 1970, his successor shall be elected to a four-year term of office and every four years thereafter a successor shall be elected in the general election in which the respective term of office shall expire to serve for a four-year term of office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), so as to provide for the election
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of members of the board of commissioners on a staggered term basis; to provide the procedures connected with the foregoing; and for other purposes. This 4th day of January, 1968. Daniel K. Grahl, Member of Georgia House of Representatives District No. 52 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to admiinster oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 52nd District, 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 Peach County, on the following dates: January 11, 18, 25 and February 1, 1968. /s/ Daniel K. Grahl Representative, 52nd District Sworn to and subscribed before me this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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CITY OF MARIETTACHARTER AMENDED. No. 801 (House Bill No. 1445). An Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, so as to change the corporate limits of said city; to authorize and empower the mayor and council to provide by resolution or appropriate measure that any person who is a resident of said city and who is registered as an elector with the board of registrars of Cobb County shall be eligible to vote in a municipal primary or election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, is hereby amended by striking in quoted tract no. 7 of Section 2E the figure which reads as follows 4649.4 and inserting in lieu thereof the figure which reads as follows 3924.4, so that when so amended, quoted tract no. 7 of section 2E shall read as follows: Tract No. 7 . All that tract or parcel of land lying and being in land lots 77, 78, 79, 80, 81, 82, and 136, 2nd section, 17th district, Cobb County and being more fully described as follows: Corporate limits. Beginning on the south side of Powder Springs Road 176.0 feet south of the intersection of Arden Road and Powder Springs Road; thence running in an easterly direction 481.46 feet along the south side of Powder Springs Road to a point; thence running southeasterly 229.5 feet to a point; thence running due south 3924.4 feet to a point; thence running due east 410 feet to a point; thence running southeasterly 290 feet to a point; thence running easterly 575 feet to a point; thence running northeasterly 515 feet to a point; thence running southeasterly 225 feet to a point on a fence line; thence following the fence line 881 feet to a point; thence 210 feet to a point; thence running due
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west 1150 feet to a point; thence running due north 1305 feet to a point; thence running due west 865 feet to a point; thence running due north 1741 feet to a point; thence running northeasterly 153.2 feet to a point; thence running easterly 235.7 feet to a point; thence running northwesterly 515 feet to a point; thence running due north 206.8 feet to a point; thence running southwesterly 35.2 feet to a point; thence running due north 91.2 feet to a point; thence running northwesterly 125 feet to a point being the point of beginning of said tract containing 100 acres more or less. Section 2. Said Act is further amended by adding between section 2G and section 3 a new section to be numbered section 2H to read as follows: Section 2H. In addition to that territory presently embraced within the corporate limits of the City of Marietta, the following parcels of land shall be included within the corporate limits of said city: Tract No. 1 . All that tract or parcel of land lying and being in land lot 1239, 16th district, 2nd section, Cobb County, Georgia, and being.5 acres as shown on a plat of survey prepared by J. P. Phillips, Surveyor, on May 17, 1947, which is more particularly described as follows: Beginning at an iron pin on the south side of Marietta-Roswell Highway at its intersection with the east side of a public road which connects Marietta-Roswell Highway with the New Hope Road as shown on said plat and running thence east along the south side of Marietta-Roswell Highway to the west right of way line of I-75; thence south along the west side of I-75, 197 feet to an iron pin; thence west 144.4 feet to an iron pin on the east side of said connecting road; thence northerly along the easterly side of said road and forming an interior angle of 81 degrees, 50 minutes with the preceding course 124 feet to a point; thence continuing along said connecting road in a northeasterly direction and forming an interior angle of 155 degrees with the preceding course 89 feet to an iron pin at the point of beginning. Corporate limits.
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Tract No. 2 . All that tract or parcel of land lying and being in land lot 215, 17th district, 2nd section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point where the city limits of the City of Marietta intersects with the west line of said land lot 215; thence running south along the west line of land lot 215 for a distance of 270 feet, more or less, to an iron pin; thence running north 88 degrees 00 minutes east for a distance of 555 feet, more or less, to the present city limits of Marietta, Georgia; thence running northwesterly along the present city limits line of Marietta, Georgia, for a distance of 615 feet, more or less, to the point of beginning. Tract No. 3 . All that tract or parcel of land lying and being in land lots 641 and 656 of the 17th District, 2nd section, Cobb County, Georgia, being more particularly described as follows: Beginning at the intersection of land lot 655/656 and the eastern side of Franklin Drive, which point is the common corner of land lots 642, 655, 656 and 641; running thence easterly 384 feet to a point; thence southwesterly 428.8 feet to a point; thence southeasterly 330 feet to a point; thence southwesterly 300 feet to a point, said point being on the east side of U. S. Highway 41; thence northwesterly 355 feet along U. S. Highway 41 to a point; thence northeasterly 210 feet to a point; thence northwesterly 210 feet to a point on the easterly side of Franklin Drive; thence northeasterly 229.2 feet along Franklin Drive to the point of beginning. Tract No. 4 . All that tract or parcel of land lying and being in land lots 999 and 1018 of the 16th district, 2nd section, Cobb County, Georgia, and being a tract of land as shown and delineated on a plat made for W. Adrian Leavell by J. P. Phillips, Surveyor, dated December 7, 1965, and recorded in plat book 37, page 62, Cobb County Records and being more particularly described as follows: Beginning at an iron pin on the southeasterly side of Industrial Park Drive 581.5 feet northeasterly, as measured along the southeasterly side of Industrial Park Drive from the intersection of the southeasterly side of Industrial Park Drive with the northeasterly side of the Four Lane Highway (U. S. No. 41), and said iron pin being also located at the
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nothernmost corner of the property of Atco Tire Company, Inc.; and running thence southeasterly along the northeasterly line of the property of Atco Tire Company, Inc. 350.5 feet to an iron pin; thence running northeasterly and forming an interior angle of 95 degrees 06 minutes a distance of 146 feet to an iron pin on the southwesterly side of Damar Road; thence running northwesterly along the southwesterly side of Damar Road and forming an interior angle of 84 degrees 50 minutes a distance of 341 feet to an iron pin at the intersection of the southwesterly side of Damar Road with the southeasterly side of Industrial Park Drive; thence running southwesterly along the southeasterly side of Industrial Park Drive and forming an interior angle of 98 degrees 48 minutes a distance of 147.4 feet to an iron pin at the point of beginning. Tract No. 5 . All that tract or parcel of land lying and being in land lots 1238, and 1239, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the west lot line of land lot 1239 and the west right of way line of I-75, running thence in a southerly direction along the west right of way line of I-75 for a distance of 204.1 feet to a point; running thence south 89 degrees and 18 minutes west for a distance of 21.5 feet to a point located on the northeast right of way line of Frey Gin Road; running thence north 23 degrees and 55 minutes west 85.1 feet to a point; running thence north 48 degrees and 32 minutes west for a distance of 203.0 feet to a point; running thence north 6 degrees and 16 minutes west for a distance of 54.0 feet to a point; running thence north 79 degrees and.01 minutes east for a distance of 74.3 feet to a point; running thence north 89 degrees and 10 minutes east for a distance of 80.0 feet to a point located on the west right of way line of I-75; running thence in a southerly direction along the west right of way line of I-75 for a distance of 86.1 feet to the point of beginning. Tract No. 6 . All that tract or parcel of land lying and being in the original land lot no. 575, 17th district, 2nd section, Cobb County, Georgia, and being all of lots nos. 63 and 65 of the G. R. Bentley Estates as shown by plat
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made by J. P. Phillips, Surveyor, dated July 19, 1947, and recorded in plat book 7, page 49, Cobb County Records, more particularly described as follows: Beginning at an iron pin located on the northeasterly side of Franklin Road at the intersection of the northeasterly side of said road with the east line of said land lot no. 575 and running thence north along the east line of said land lot a distance of 420 feet to an iron pin; thence west 240 feet to an iron pin located on the east side of Lovena Road; thence south along the east side of Lovena Road 100 feet to an iron pin; thence east 120 feet to an iron pin; thence south 234 feet to an iron pin located on the northeasterly side of Franklin Road; thence southeasterly along the northeasterly side of Franklin Road 246.5 feet to an iron pin at the point of beginning. Tract No. 7 . All that tract or parcel of land lying and being in original land lot no. 575, 17th district, 2nd section, Cobb County, Georgia, and being all of lot no. 64 of the G. R. Bentley Estate, as shown by plat made by J. P. Phillips, Surveyor, dated July 19, 1947, and recorded in plat book 7, page 49, Cobb County Records, more particularly described as follows: Beginning at the intersection of the northeasterly side of Franklin Road with the east side of Lovena Road and running thence north along the east side of Lovena Road 150 feet to an iron pin; thence east 120 feet to an iron pin; thence south 234 feet to an iron pin located on the northeasterly side of Franklin Road; thence northwesterly along the northeasterly side of Franklin Road 148 feet to the point of beginning. Tract No. 8 . All that tract or parcel of land lying and being in land lot 575, 17th district, 2nd section, Cobb County, Georgia and being lot 62 of the G. R. Bentley Estate subdivision as shown on plat recorded in plat book 7, page 49, records of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the easterly side of Lovena Road 250 feet northerly from the intersection formed by the easterly side of Lovena Road and the north side of Franklin Road; thence running easterly for a distance of 240 feet to an iron pin; thence running northerly 100 feet to an iron pin; thence running westerly 240 feet to an iron pin located on the easterly
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side of Lovena Road; thence running southerly along the southerly side of Lovena Road for a distance of 100 feet and the point of beginning. Tract No. 9 . All that tract or parcel of land lying and being in land lots 731, 732, and 781 and 782, 17th district, 2nd section, Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin at the corner formed by the intersection of the southeasterly side of Terrill Mill Road with the northeasterly side of U. S. Highway # 41, and running thence in a northeasterly direction along the southeasterly side of Terrill Mill Road and following the slight curvature thereof, 1150.68 feet to an iron pin on the southwesterly side of the right of way of the Georgia Power Company; thence south 48 degrees 52 minutes 20 seconds east along the southwesterly side of said right of way, 1217.86 feet to an iron pin; thence south 54 degrees 36 minutes 48 second west, 642.19 feet to an iron pin; thence south 50 degrees west 409 feet to an iron pin; thence south 23 degrees 45 minutes west, 217 feet to an iron pin on the northeasterly side of U. S. Highway # 41; thence north 39 degrees 58 minutes 53 seconds west along the northeasterly side of U. S. Highway # 41, 794.05 feet to the iron pin at the point of beginning; said tract containing 25.72 acres and is more particularly shown as Plat of Survey prepared by A. S. Giometti Assoc. Inc. dated January 15, 1966. Tract No. 10 . All that tract or parcel of land lying and being in land lots 731, 732, 733, 708, 709, 710, 660, 661, and 781, 17th district section 2, Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the westerly right of way of the U. S. 41, Four Lane Highway, said beginning point is 242.0 feet northerly from the intersection of the westerly right of way of the U. S. 41, Four Lane Highway and the northerly right of way of the Smyrna Roswell Road; said 242.0 feet is measured along the westerly right of way of the U. S. 41, Four Lane Highway; from the beginning point running south 60 degrees 12 minutes west for a distance of 940.8 feet to a point; running thence south 29 degrees 38 minutes west for a distance of 233.6 feet to a point on the northerly
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right of way of the Smyrna Roswell Road; running thence southwesterly along the northerly right of way of the Smyrna Roswell Road to the point where said right of way intersects the present city limit line of Marietta, Georgia; running thence north along said present city limit line for a distance of 384.42 feet to a point; running thence westerly along said present city limit line for a distance of 1848.5 feet to a point; running thence north 35 degrees 22 minutes east along said present city limit line for a distance of 1569.8 feet to a point; running thence north 40 degrees 31 minutes east along said present city limits line for a distance of 729.8 feet to a point; running thence north 65 degrees 18 minutes east along said present city limits line for a distance of 673.2 feet to a point on the westerly right of way line of the U. S. 41, Four Lane Highway; running thence southeasterly along the westerly right of way of the U. S. 41, Four Lane Highway to the point of beginning. Tract No. 11 . All that tract or parcel of land lying and being in land lot 642, 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the east right of way of U. S. # 41 and the south right of way of the north ramp of State Highway # 280; running thence northeasterly along the south right of way of said ramp, for a distance of 75 feet to a point; running thence easterly along the right of way of said ramp for a distance of 468 feet more or less to a point; running thence southerly, along said right of way for a distance of 208 feet more or less to a point; running thence westerly for a distance of 420 feet more or less to a point located on the east right of way of U. S. Highway # 41; running thence southwesterly perpendicular to right of way of said U. S. # 41 Highway for a distance of 140 feet to a point located on the present city limits line of Marietta, Georgia; running thence northwesterly along present city limit line for a distance of 225 feet more or less to a point; running thence along a line forming an interior angle of 90 degrees to the previously described course of 140 feet to a point and the point of beginning. Tract No. 12 . All that tract or parcel of land lying and being in land lot 1071, 16th district, 2nd section, Cobb County,
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Georgia, according to a plat by W. R. Kauffman, Civil Engineer, Dated January 2, 1968, and being more particularly described as follows: Beginning at a point on the southwestern side of Marietta Highway U. S. # 41, which point is 672 feet northwesterly from the center line of Allgood Road; running thence in a southwesterly direction a distance of 125 feet to an iron pin; running thence northwesterly at an interior angle of 87 degrees 12 minutes a distance of 78 feet to an iron pin; running thence northeasterly at an interior angle of 91 degrees 21 minutes a distance of 24 feet to an iron pin; running thence northwesterly at an exterior angle of 268 degrees 51 minutes a distance of 35 feet to an iron pin; running thence northeasterly at an interior angle of 101 degrees 56 minutes a distance of 96.8 feet to the southwestern side of Marietta Highway; running thence southeasterly along the southwestern side of the Marietta Highway a distance of 128 feet to the point of beginning. Tract No. 13 . All that tract or parcel of land lying and being in land lots 250 and 283 of the 20th district, 2nd section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point where the north lot line of land lot 283 intersects the easterly right of way line of Old Mountain Road, said right of way line is also the present city limit line of Marietta, Georgia; running thence from the beginning point northerly along the easterly right of way line of Old Mountain Road and the present city limit line of Marietta, Georgia to a point where the northeast right of way line of Gilbert Drive if said right of way of Gilbert Drive was extended, intersects the easterly right of way line of Old Mountain Road; thence running west and crossing Old Mountain Road to a point where the westerly right of way line of Old Mountain Road intersects the northeasterly right of way line of Gilbert Drive; thence running southwesterly along the northeasterly right of way line of Gilbert Drive to a point; thence running south 89 degrees and 15 minutes east for a distance of 199.5 feet to a point; thence running north 4 degrees and 15 minutes west a distance of 531.7 feet to a point, said point being located 143.9 feet west of a U.S.D.I.N.P.S. (U.S. Department of Interior National Park Service) concrete corner
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marker and also being located on the north lot line of land lot 283; thence running north 89 degrees and 15 minutes west along said north lot line of land lot 283 a distance of 457.5 feet to a point located on the northeasterly right of way line of Gilbert Drive; thence running west a distance of 10 feet to a point; thence running southerly then easterly along a line 10 feet west of and parallel to the northeasterly right of way line of Gilbert Drive to a point located 10 feet west of and parallel to the easterly right of way line of Old Mountain Road; thence running southerly along a line 10 feet west of and parallel to the easterly right of way line of Old Mountain Road to a point where said 10 foot parallel line intersects the north lot line of land lot 283; thence running east along said north lot line a distance of 10 feet to the point of beginning. Tract No. 14 . All that tract or parcel of land lying and being in original land lot no. 1208, of the 16th district and 2nd section of Cobb County, Georgia, and being all of lots nos. 6, 7, 8, and 31 of the L. M. Harris subdivision as shown by plat made by J. P. Phillips, Surveyor, dated January 31, 1950, and recorded in plat book 8, page 198, Cobb County Records, and being more particularly described as follows: Beginning at a point where the southeast right of way line of Marietta-Roswell Highway is intersected by the present city limit line of Marietta, Georgia; thence running northeasterly along the southeasterly right of way line of said Marietta-Roswell Highway to the northwest corner of lot no. 6 of the L. M. Harris subdivision; thence running southeasterly along the northwesterly line of lot no. 5 for a distance of 150 feet to a point and corner marked by an iron pin; thence running southwesterly along the south line of lot no. 5, of said Harris Subdivision for a distance of 80 feet to a point and corner; thence running east forming an interior angle of 48 degrees and 5 minutes with the preceding course for a distance of 90 feet to a point and corner; thence running northeasterly along the southeasterly line of lot no. 31, for a distance of 259.5 feet to the southwesterly right of way line of Kipling Drive; thence running northwesterly along the southwesterly right of way line of Kipling Drive for a distance of 220 feet to a point, said point being the southwest intersection of Marietta-Roswell
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Highway right of way line and Kipling Drive right of way line; thence running northwesterly and crossing said right of way of Marietta-Roswell Highway to a point located on the northwesterly right of way line of the Marietta-Roswell Highway; thence running southwesterly along the northwesterly right of way line of the Marietta-Roswell Highway to a point where the said northwesterly right of way line of the Marietta-Roswell Highway is intersected by the present city limit line of Marietta, Georgia; thence running southeasterly along the present city limit line of Marietta, Georgia, and crossing the Marietta-Roswell Highway, to the point of beginning. Tract No. 15 . All that tract or parcel of land lying and being in land lots 1015, 1002, 1003, 1004, 942 and 941 of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the southwesterly right of way line of Old U. S. 41 Highway (Church Street), where said U. S. 41 Highway right of way line intersects the present city limit line of Marietta, Georgia, said beginning point being located in land lot 1015; thence running easterly along the present city limit line of Marietta, Georgia for a distance of 10 feet; thence running northwesterly along a line 10 feet easterly of and parallel to the westerly right of way line of the Old U. S. 41 Highway to a point located on the northeasterly right of way of the Western and Atlantic Railroad; thence in a southeasterly direction along the northeastern side of the said Western and Atlantic Railroad right of way for a distance of 1,268 feet to an iron pin, point and corner 7 feet east of a side track coming off the main line of the Western and Atlantic Railroad; thence in a northwesterly direction parallel to and 7 feet east of the center line of the said side track for a distance of 223 feet to a point on the southerly side of Marble Mill Road; thence continuing in a northwesterly direction parallel to and 7 feet east of the center line of said side track across the said Marble Mill Road to an iron pin, point and corner on the northwesterly side of the said Marble Mill Road; thence north 18 degrees 23 minutes west parallel to and 7 feet east of the center line of said track for a distance of 87.7 feet to an iron pin, point and corner; thence north
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28 degrees 00 minutes west, parallel to and 7 feet east of the center line of said railroad side track for a distance of 85.5 feet to an iron pin, point and corner; thence north 34 degrees 20 minutes west parallel to and 7 feet east of the center line of the said railroad side track for a distance of 85.2 feet to an iron pin, point and corner; thence north 40 degrees 40 minutes east for a distance of 239 feet to an iron pin, point and corner; thence continuing north 41 degrees 10 minutes east for a distance of 173 feet to an iron pin, point and corner on the southerly side of the right of way of State Highway 3, being known as Old U. S. 41 Highway, which point is 30 feet south from the center line of said Old U. S. Highway 41; thence running southeasterly along the westerly right of way line of Old U. S. 41 Highway to a point where said U. S. 41 Highway right of way line intersects the present city limit line of Marietta, Georgia, said point being the point of beginning. Section 3. Said Act is further amended by adding between section 3C and section 4 a new section to be known as section 3D to read as follows: Section 3D. The mayor and council of the City of Marietta may elect to arrange for the registration of municipal electors by adopting a resolution, or other appropriate measure, providing that any person who is a resident of said municipality and who is registered as an elector with the board of registrars of Cobb County and possesses the qualifications prescribed by laws and Constitution of this state shall be eligible to vote in a municipal primary or election. Upon request, and upon a basis to be agreed upon by the governing authority of Cobb County and the City of Marietta, the board of registrars shall deliver a copy of the electors' list to be used in each municipal primary or election to the designee of the mayor and council of the City of Marietta at least fourteen (14) days prior to each such primary or election for the purpose of permitting him to check the accuracy of the list to challenge the disqualified. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January-February 1968 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Marietta, Georgia (Ga. L. 1904, p. 519, et seq), as heretofore amended, and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Howard who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1968. /s/ Bob Howard Representative, 101st District Sworn to and subscribed before me this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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EMANUEL COUNTY BOARD OF EDUCATIONREFERENDUM. No. 802 (House Bill No. 1448). An Act to provide for the election of members of the board of education of Emanuel County; to provide for education districts; to provide the manner of electing members to the board; to provide for the qualifications of the members of the board; to provide for the compensation of members of the board; to provide for the filling of vacancies on the board; to provide for the election of a chairman of the board by the members; to provide for the appointment of the county school superintendent by the board; to provide for the qualifications and compensation of the superintendent; to provide for all matters and procedures relative to the foregoing; 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 board of education of Emanuel County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Emanuel County, Emanuel County shall be divided into four (4) education districts, as follows: Members, districts. District 1 . Education District No. 1 shall be composed of all that territory within Emanuel County embraced within G.M.D. No. 49, G.M.D. No. 1333, G.M.D. No. 1429, and G.M.D. No. 1560. District 2 . Education District No. 2 shall be composed of all that territory within Emanuel County embraced within G.M.D. No. 53, G.M.D. No. 57, and G.M.D. No. 1208. District 3 . Education District No. 3 shall be composed of all that territory within Emanuel County embraced within G.M.D. No. 395, G.M.D. No. 1452, and G.M.D. No. 1748.
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District 4 . Education District No. 4 shall be composed of all that territory within Emanuel County embraced within G.M.D. No. 50, G.M.D. No. 58, and G.M.D. No. 1502. Section 2. There shall be elected to the board of education of Emanuel County by the electors of the entire county one member from each of said districts with the exception of Education District No. 2 from which district there shall be elected two members. There shall be two Posts in District No. 2 which are hereby designated as Post No. 1 and Post No. 2. Any person qualifying as a candidate from District No. 2 shall designate the Post No. for which he desires to qualify. Candidates may not offer for election to said board from any district other than that district in which their legal residence lies. Members. Section 3. No person shall be eligible to offer for election to the board or serve thereon unless he is at least 21 years of age, a freeholder, and has been a resident of the State at least one year and a resident of the district from which he offers as a candidate for at least six months immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately become vacant. Qualifications of members. Section 4. At the general election conducted in 1968, there shall be elected the first members of the board of education of Emanuel County as herein provided for. The candidates elected from Post No. 1, District 2 and from District 4 shall take office on January 1, 1969, and shall serve for a term of office of two years and until their successors are duly elected and qualified. The candidates elected from Post No. 2, District 2 and from Districts 1 and 3 shall take office on January 1, 1969, and shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors who are elected to succeed the initial members of the board of education of Emanuel County, as provided for herein, and future successors shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on
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the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified. Elections, terms. Section 5. At the first meeting of the board in January of 1969 and at the January meeting biennially thereafter the board shall elect one of their members as chairman to serve for a term of two years and such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $20.00 for each meeting actually attended, plus actual and necessary expenses incurred in carrying out their official duties. Chairman, quorum, etc. Section 6. In the event any vacancy occurs on the board of education of Emanuel County, the remaining members of the board shall select a successor to fill such vacancy until the next general election, at which time a successor shall be elected to serve out the unexpired term of office unless the term of office will expire within 90 days of the election, in which event the successor selected by the board shall serve out the entire unexpired term of office. In the event a vacancy occurs in the office of chairman of the board, the remaining members shall elect from one of their members a new chariman to serve out the unexpired term of office. The board of education of Emanuel County created by this Act shall be the successor to all the rights, powers, duties and obligations of the old board of education of Emanuel County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancies. Section 7. The county school superintendent of Emanuel County serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. At the expiration of his term of office, the board of education of Emanuel County shall appoint the county school superintendent of Emanuel County, and he shall serve at the pleasure of the board. To be eligible to hold the office of county school superintendent, a candidate must possess such qualifications as are prescribed for county
Page 2490
school superintendents by the laws of this State as well as such other qualifications as may be prescribed from time to time by the State Board of Education and by the State and regional accrediting agencies. The board shall fix the compensation to be received by the superintendent. Superintendent Section 8. It shall be the duty of the ordinary of Emanuel County to issue the call for an election for the purpose of submitting this Act to the voters of Emanuel County for approval or rejection pursuant to the provisions of Article VIII, Section V, Paragraph II, and Article VIII, Section VI, Paragraph II of the Constitution. The ordinary shall set the date of such election for the 24th day of April, 1968. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Emanuel County. The ballot shall have written or printed thereon the words: For approval of the Act providing for a new Board of Education of Emanuel County and for the election of the members of the Board of Education of Emanuel County and for the appointment of the County School Superintendent by said Board of Education. Referendum. Against approval of the Act providing for a new Board of Education of Emanuel County and for the election of the members of the Board of Education of Emanuel County and for the appointment of the County School Superintendent by said Board of Education. 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 this Act shall be approved by the voters of Emanuel County as is provided for in said paragraphs of the Constitution, it shall become of full force and effect as provided for herein; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by Emanuel County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections,
Page 2491
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. If this Act shall be approved in the election provided for in section 8, the present board of education of Emanuel County shall be abolished on January 1, 1969, and the members of the board of education of Emanuel County, provided for by this Act, shall take office and administer thereafter the affairs of the Emanuel County school system. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968 Session of the General Assembly of Georgia, a bill to change the method of selecting county school superintendent and the members of the Emanuel County Board of Education; to provide the procedures connected therewith; to provide for all other matters relative thereto; to provide for a referendum; and for other purposes. This 20 day of December, 1967. Geo. L. Smith II Representative, 54th District. Georgia, Emanuel County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, William Rogers, who on oath deposes and says that he is the editor and publisher of the Swainsboro Forest Blade, official county organ in and for Emanuel County and that the attached copy of notice of intention to apply for local legislation was published
Page 2492
in the Swainsboro Forest Blade on the following dates: December 20th, 1967, December 27th, 1967, and January 3rd, 1968. /s/ William C. Rogers Sworn to and subscribed before me, this 8th day of February, 1968. /s/ Sidney B. Shepherd Notary Public My Commission expires Jan. 21, 1971. (Seal). Approved March 21, 1968. CHATTOOGA COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 804 (House Bill No. 1455). An Act to consolidate the offices of tax receiver and tax collector of Chattooga County into the office of tax commissioner of Chattooga 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 and their compensation; to make provisions relative to taxes and tax fi fas; to provide that the tax commissioner shall not receive certain commissions allowed local tax officials who serve as the agent of the State Revenue Commissioner for the sale of motor vehicle license plates, and commissions for collecting taxes over a certain per cent; to designate the tax commissioner of Chattooga County as the agent of the State Revenue Commissioner for the sale of motor vehicle license plates; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 2493
Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Chattooga County are hereby consolidated and combined into the one office of the tax commissioner of Chattooga 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 Chattooga County in 1968. The person so elected shall take office on the first day of January, 1969, and shall serve for a term of four years 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 for a term of office of four (4) 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 Chattooga County and their terms of office shall continue through December 31, 1968. 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. First election, etc. Section 3. The tax commissioner 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 many hereafter be allowed by law to be received or collected by the tax commissioner 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
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fiscal authority of Chattooga County by the fifteenth day of every month for the immediately preceding month. It is specifically provided that the tax commissioner 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, Ex. Sess., p. 297), as amended. It is further provided that the tax commissioner of Chattooga County shall not be entitled to receive 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 Commissioner. Salary, etc. Section 4. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in the amount of three thousand six hundred dollars ($3,600.00) per annum, payable in equal monthly installments from the funds of Chattooga County. 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. The compensation of such additional personnel shall be paid from county funds. However, the total compensation to be paid by the county for all such additional personnel shall not exceed eighteen hundred dollars ($1,800.00) during any one calendar year. 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. Deputy, etc. Section 5. All taxes due and payable Chattooga 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.
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Section 6. Pursuant to the provisions of that Act relating to the sale of motor vehicle license plates (Ga. L. 1955, p. 659), as amended, the tax commissioner of Chattooga County is directed to act as the agent of the State Revenue Commissioner for the purpose of accepting applications for the registration of motor vehicles and the issuance of license plates therefor as is provided for in said act. The duties and responsibilities imposed upon the tax commissioner by the provisions of said Act shall be a part of the official duties and responsibilities of the tax commissioner of Chattooga County; and the commissions derived therefrom shall be collected for Chattooga County as provided for above. Motor vehicle license plates. Section 7. The provisions of this Act shall become effective January 1, 1969, except the provisions relating to the election of the tax commissioner of Chattooga County, which shall become effective upon the approval of this Act by the Governor or its otherwise becoming law. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia a bill to consolidate the offices of tax receiver and tax collector of Chattooga County into the office of tax commissioner of Chattooga County; and for other purposes. This 23rd day of January, 1968. James H. Floyd Representative, 7th District 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 2496
from the 7th District, 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 Chattooga County, on the following dates: January 25, February 1, 8, 1968. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 14th day of February, 1968. Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. COOK COUNTYCOMPENSATION OF ORDINARY. No. 805 (House Bill No. 1456). An Act to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary, and the tax commissioner of Cook County from the fee system to the salary system approved April 4, 1967 (Ga. L. 1967, p. 2512), so as to increase the salary of the ordinary of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the mode of compensating the clerk of the superior court, the ordinary, and the tax commissioner of Cook County from the fee system to the salary system approved April 4, 1967 (Ga. L. 1967, p. 2512),
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is hereby amended by striking in section 3 the figure which reads as follows: $6,000.00 and inserting in lieu thereof the figure which reads as follows: $7,000.00 so that when so amended, section 3 shall read as follows: Section 3. The ordinary shall receive an annual salary of $7,000.00, payable in equal monthly installments from the funds of Cook County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1968 Session of the General Assembly of Georgia, a bill to amend on Act changing the mode of compensating the clerk of the superior court, the ordinary and the tax commissioner of Cook County from the fee system to the salary system, so as to increase the salary of the ordinary of said county; and for other purposes. This 20th day of January, 1968. A. L. Parrish Representative, 96th District This is to certify that the above advertisement was printed in The Adel News, official publication for Cook County, Georgia on Jan., 24, 31 and Feb. 7th, 1968. This the 12th day of February, 1968. /s/ G. C. Patten Publisher
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Sworn to and subscribed before me, this the 12th day of February, 1968. /s/ Edith C. Cox Notary Public (Seal). Approved March 21, 1968. CITY OF BOSTONELECTION OF MARSHAL. No. 806 (House Bill No. 1465). An Act to amend an Act creating and establishing a new charter for the City of Boston in the County of Thomas, and to declare the rights, powers and privileges of said city approved August 2, 1921 (Ga. L. 1921, p. 700), as amended by an Act approved August 18, 1923 (Ga. L. 1923, p. 503), so as to provide for a change in the election of a marshal, who shall also be chief of police, from an election by the qualified voters to an election by the mayor and council of the City of Boston. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Boston in the County of Thomas, and to declare the rights, powers and privileges of said city approved August 2, 1921, (Ga. L. 1921, p. 700), as amended by an Act approved August 18, 1923 (Ga. L. 1923, p. 503), is hereby amended by striking section 7 in its entirety and by inserting in lieu thereof a new section 7 to read as follows: Section 7. Be it further enacted by authority aforesaid that the City of Boston shall have a marshal, who shall also be chief of police, and who shall be a qualified voter and a resident of the city for twelve months prior to his selection and appointment and who shall serve for one year or until his successor is duly selected. The mayor and council shall select and appoint the marshal and chief of police at
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its first meeting in any calendar year and said marshal and chief of police shall serve until the first meeting of the succeeding calendar year and until his successor is duly selected. In the event of a vacancy in said office for any reason during any calendar year the mayor and council shall select and appoint a replacement who shall serve until the first meeting of the mayor and council in the next succeeding calendar year and until his successor is duly selected and appointed, as aforesaid. Section 2. This amendment shall not be effective until the term of office of the presently elected and serving marshal and chief of police has expired on the second Monday in January, 1969. Effective date. 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 intends to apply for the passage of local legislation at the next 1968 session of the General Assembly of Georgia, the title of such bill to be as follows: `An Act to amend the charter of the City of Boston, Georgia in the County of Thomas, approved August 2, 1921, as amended to provide for a change in the election of a marshal, who shall also be chief of police, from an election by the qualified voters to an election by the mayor and council of the City of Boston.' By authorization of the mayor and council of the City of Boston, Georgia. Altman Herndon, City Attorneys. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Russell who, on oath, deposes and says that he is Representative
Page 2500
from the 92nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Thomasville Times-Enterprise which is the official organ of Thomas County, on the following dates: December 29, 1967 and January 5 and 12, 1968. /s/ Henry Russell Representative, 92nd District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TALBOT COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 807 (House Bill No. 1468). An Act to amend an Act creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2214), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2214), is hereby amended by striking from section 5 the following:
Page 2501
forty-two hundred ($4200.00) dollars, and substituting in lieu thereof the following: six thousand ($6,000.00) dollars, so that when so amended Section 5 shall read as follows: Section 5. That said Talbot County tax commissioner shall receive and be paid as full compensation for any and all duties performed by him as receiver and collector of county, school district, and any all other taxes except State, professional, poll and special taxes, a salary of six thousand ($6,000.00) dollars per annum to be paid in equal monthly installments; and said tax commissioner; out of said salary, shall pay whatever clerical help it may be necessary for him to have to perform the duties of said office. The tax commissioner shall be entitled to the commissions now allowed the tax collector on all State, professional, poll and special taxes collected by him. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval. 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 regular 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the tax commissioner of Talbot County; and for other purposes. This 1st day of January, 1968. /s/ William Burton Steis Representative, 100th District. 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 the 100th District, and that the attached copy
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of notice of intention to introduce local legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following dates: January 18, 25 and February 1, 1968. William Burton Steis Representative, 100th District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TALBOT COUNTYCOMPENSATION OF SHERIFF, ETC. No. 808 (House Bill No. 1469). An Act to amend an Act placing the sheriff of Talbot County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended by an Act approved February 18, 1966 (Ga. L. 1966, p. 2408), so as to increase the expense allowance of the sheriff; to provide for additional deputies, their compensation and method of payment; 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 Talbot County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended by an Act approved February 18, 1966 (Ga. L. 1966, p. 2408), is hereby amended by striking from section 2 the following $8,000.00, and substituting in lieu thereof the following: $10,400.00,
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so that when so amended section 2 shall read as follows: Section 2. In addition to the salary provided hereinbefore, the sheriff shall receive $10,400.00 per annum as an expense allowance for the office of sheriff and jailer of Talbot County. The expense allowance provided for in this section shall include all costs of feeding prisoners in the county jail, salaries of deputies, expense of providing, operating and maintaining automobiles and all other equipment, materials, supplies and items of whatever kind or nature necessary to conduct, administer and operate the office of sheriff and jailer of Talbot County. This expense allowance shall be paid in twelve equal monthly installments. The sheriff shall select and appoint all deputies and fix their compensation at the rate of not less than $200.00 per month. Sheriff's expense allowance. Section 2. Said Act is further amended by adding between section 2 and 3 a new section to be known as section 2A and to read as follows: Section 2A. The sheriff shall select and appoint one (1) full-time deputy and fix his compensation at not less than $400.00 per month. The sheriff is also authorized to select and appoint additional deputies when in his judgment they are required, and to fix their compensation. The compensation of all deputies provided for by this section shall be paid by the sheriff from the expense allowance provided for in section 2 of this Act. Deputy sheriffs, etc. 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 regular 1968 Session of the General Assembly of Georgia, a bill to increase the expense allowance of the sheriff of Talbot County; to provide for additional deputies; and for other purposes. This 1st day of January, 1968. /s/ William Burton Steis Representative, 100th District
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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 the 100th District, and that the attached copy of notice of intention to introduce local legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following dates: January 18, 25, February 1, 1968. William Burton Steis Representative, 100th District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CORPORATE LIMITS OF CERTAIN MUNICIPALITIES (1,000-1,400) IN CERTAIN COUNTIES (7,370-7,450). No. 809 (House Bill No. 1471). An Act to change the corporate limits of any municipality in this State having a population of not less than 1,000 nor more than 1,400, according to the 1960 United States Decennial Census or any future such census, located in any county having a population of not less than 7,370 nor more than 7,450, according to the 1960 United States Decennial Census or any future such census; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. In addition to that territory presently embraced within the corporate limits of any municipality in this State having a population of not less than 1,000 nor more than 1,400, according to the 1960 United States Decennial Census or any future such census, located in any county having a population or not less than 7,370 nor more than 7,450, according to the 1960 United States Decennial Census or any future such census, the following parcel of land in such county shall be included within the corporate limits of said municipality, particularly described as follows: Beginning at the northeast corner of the city limits of said municipality; thence due north 528 feet; thence due west one mile; thence due south 528 feet to the northwest corner of the city limits of said municipality; thence due east along the north city limits' line of said municipality, to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968. STEWART COUNTYCLERK OF SUPERIOR COURT AND ORDINARY PLACED ON SALARY BASIS. No. 810 (House Bill No. 1482). An Act to abolish the present mode of compensating the clerk of the superior court and the ordinary in Stewart 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 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
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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. Whereas, the grand jury of Stewart County recommended that the present mode of compensating the clerk of the superior court and the ordinary, known as the fee system, be abolished and in lieu thereof, said officers shall receive an annual salary. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the clerk of the superior court and the ordinary in Stewart County, known as the fee system, is hereby abolished, and in lieu thereof, annual salaries for such offices are prescribed as hereinafter provided. Salary basis. Section 2. The clerk of the superior court and the ordinary shall receive an annual salary between five thousand five hundred ($5,500.00) dollars and seven thousand ($7,000.00) dollars, payable in equal monthly installments from the funds of said county. The exact amount of said salary shall be fixed by any grand jury sitting at any time after this Act becomes effective, upon approved of the governing authority of said county. Salaries. Section 3. 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 perquisities 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 10th 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
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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 officers shall have the authority to appoint such deputies, clerks, assistants and other personnel as they shall each deem necessary to efficiently and effectively discharge the offical duties of their respective offices. Each of said officials shall, from time to time, recommend to the governing authority of said county the number of such 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 governing authority of said county to fix the compensation to be received by each employee in said offices. 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. Deputies, etc. Section 5. 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 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 said county. Office expenses. Section 6. 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 7. An Act supplementing the fee compensation of the clerk of the clerk superior court of Stewart County, approved
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March 24, 1965 (Ga. L. 1965, p. 2600), is hereby repealed in its entirety. 1965 Act repealed. Section 8. The provisions of this Act shall become effective beginning with the next term of office of said officers. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Stewart County. Pursuant to the recommendation of the Stewart County grand jury, notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to place the clerk of the superior court and ordinary of Stewart County on a salary basis in lieu of the fee system of compensation, to provide for all matters relative to the foregoing, and for other purposes. This the 16th day of January, 1968. J. Lucius Black, Representative, Sixth District of Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: January 18, 25 and February 1, 8, 1968. J. Lucius Black Representative, 6th District
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Sworn to and subscribed before me, this 15th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. STEWART COUNTYSHERIFF'S SALARY. No. 811 (House Bill No. 1485). An Act to amend an Act abolishing the present method of compensating the sheriff of Stewart County known as a fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2573), so as to change the salary of said sheriff; 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 present method of compensating the sheriff of Stewart County known as a fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2573), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff of Stewart County shall receive an annual salary of between seven thousand ($7,000) dollars and eight thousand ($8,000) dollars, payable in equal monthly installments from the funds of Stewart County. The exact amount of said salary shall be fixed by any grand jury sitting at any time after this Act becomes effective upon approval of the governing authority of said county. The county shall be responsible for furnishing, maintaining and operating one (1) automobile. The sheriff
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shall also be reimbursed for his actual expenses while out of the county on official business. The sheriff shall receive from county funds for each prisoner confined in the county jail one and 50/100 ($1.50) dollars per day to feed said prisoners. Section 2. This Act shall become effective beginning with the next term of office of the sheriff in said county. 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. Georgia, Stewart County. Pursuant to the recommendation of the Stewart County grand jury, notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an act abolishing the present method of compensating the sheriff of Stewart County, known as the fee system, and providing in lieu thereof, an annual salary, approved February 28, 1966, Ga. L. 1966, p. 2573, so as to change the compensation of said sheriff, and for other purposes. This the 16th day January, 1968. J. Lucius Black, Representative the Sixth District of Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in The Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: January 18, 25 and February 1, 8, 1968. /s/ J. Lucius Black Representative, 6th District
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Sworn to and subscribed before me, this 15th day of February, 1968. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 21, 1968. CITY OF TWIN CITYCHARTER AMENDED. No. 812 (House Bill No. 1488). An Act to amend an Act incorporating the City of Twin City in Emanuel County, approved August 9, 1920 (Ga. L. 1920, p. 1658), as amended by an Act approved August 14, 1925 (Ga. L. 1925, p. 1514), an Act approved March 28, 1935 (Ga. L. 1935, p. 1211), an Act approved February 25, 1949 (Ga. L. 1949, p. 1862), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2592), so as to change the provisions relative to the qualifications and registration of voters; to change the provisions relative to the holding and conducting of elections; to provide for the form of ballots; to provide for the procedure connected with election contests; to provide for election of the mayor and city commissioners; to provide for filling vacancies; to provide for other matters relative to 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 Twin City in Emanuel County, approved August 9, 1920 (Ga. L. 1920, p. 1658), as amended by an Act approved August 14, 1925 (Ga. L. 1925, p. 1514), an Act approved March 28, 1935 (Ga. L. 1935, p. 1211), an Act approved February 25, 1949 (Ga. L. 1949, p. 1862), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2592), is hereby amended by striking sections
Page 2512
5, 6, 9, 10, 11, and 12 in their entirety and inserting in lieu thereof new sections to read as follows: Section 5. It shall be the duty of the city clerk to provide suitable permanent books, cards or other material for the permanent registration of the qualified voters of said city for any and all elections held in said city, of every kind and character and for all purposes; within ten days after registration books are provided, as herein required, the city clerk shall open the said registration books for the registration of the qualified voters of said city, and shall cause to be published in the first issue of the newspaper in which sheriff's advertisements are published for Emanuel County, after the opening of the books, notice that the books are open for registration of the qualified voters of said city. The books shall be kept open for the registration of voters at the city hall at all times during office hours, except Sundays and legal holidays, and except as herein otherwise provided. Voter registration, etc. Section 6. Voter registration books shall be closed at 5:00 p.m. twenty days before the election to be held for mayor and commissioner, and shall remain closed until after said election for a period of two full weeks exclusive of the week in which the election is held. During the period the books are required to be closed by this section, no person shall be permitted to register. Same. Section 7. All persons who have been bona fide residents of the city for six months before the day of election who shall be: (a) A resident of the State of Georgia for 12 months next preceding the date of the election, (b) a citizen of the United States, (c) at least 18 years of age, shall be permitted to register to vote and shall be qualified to vote in city elections. Any person who possesses the qualifications of an elector, except those concerning age or residence, or both, shall be permitted to register to vote if such person will acquire such qualifications within six months after the date of registration; provided, however, that such person shall not be permitted to vote in city elections until the acquisition of such qualifications. Voter qualifications.
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Section 8. It shall be the duty of the clerk upon application in person and not by proxy, of any person who is qualified, as provided hereinbefore, to register the name of such person, recording on the voter's registration list, beside the applicant's name, his age, occupation, or business and the ward in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register, and shall administer to him the following oath: Registration, oath `You do solemnly swear that you are or shall have been a resident of the City of Twin City, for six months next preceding the date of the next regular city election; that you have resided in Georgia for 12 months; that you are a citizen of the United States; that you are at least 18 years of age or will be before the next city election, so help you God.' Section 9. Every person who desires to register must do so in person and take the oath in person, and if such person is unable to write his name, he must sign with his mark which must be witnessed by the clerk. No person so registering shall be required to register again as a qualified voter of said city except as hereinafter provided, so long as he remains a resident of said city and does not otherwise become disqualified. In the event a person fails to vote for two successive annual elections, his name shall be removed from the registration list and in order to be eligible to vote he must register again. Voter qualifications. Section 10. There may be an appeal from the decision of the clerk or registrar as to the right of a person to register, to a committee of three freeholders previously appointed by the mayor and commission for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided, it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of the same. Appeals.
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Section 11. The registration book shall be open to the inspection of the public at all times during office hours. Registration. Section 12. At least once each year the clerk shall furnish a committee appointed by the mayor and commission a list of the registered voters, which they shall proceed to purge in the following manner: They shall examine the lists and make a separate list of names of all persons thereon who have died or who have removed from said city since registering or are otherwise disqualified as provided herein and shall mark the list, `List of Disqualified Registered Names'. Said list shall be posted in the vestibule of the city hall at least five days before the date set for a hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the city hall. Purging of voter list. Section 12A. The registration book or books made up as hereinbefore provided shall constitute a permanent record of all persons who become legally registered, until they become disqualified to vote in the City of Twin City under the requirements of the charter of said city. After any person registered as herein provided becomes disqualified, he shall no longer be considered registered, until such person registers again after the disqualification is removed. Permanent record, etc. Section 12B. It shall be the duty of the clerk or registrar to furnish the managers of elections at or before the opening of the polls on the day of election, with a complete list of the registered voters, arranged in alphabetical order, showing the ward in which the voter resides, certified to under the hand of the clerk or registrar, and the corporate seal of the city. Voting list. Section 12C. Elections shall be conducted under the management of three or more freeholders, who are residents of said city and not candidates in said election, appointed as managers by the mayor and commission. Elections. Section 12D. Said managers shall conduct elections. The polls at election shall be open at 7:00 a.m. and close
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at 7:00 p.m. The mayor and commission may designate one or more voting places if occasion should require, and may appoint three or more freeholders as managers of each. The mayor and commission shall fix the fees to be received by the managers for their services. Same. Section 12E. The mayor and commission are authorized to prohibit the solicitation of votes within 200 feet of any polling place within the City of Twin City by municipal ordinance and are authorized to provide for an appropriate punishment for those persons convicted of such municipal ordinance. Solicitation of votes. Section 12F. All votes cast in municipal elections shall be by secret ballot. The clerk of the City of Twin City, shall cause to be printed, official ballots for use in said city elections, and only official ballots so prepared shall be cast or counted in any such election. Ballots, etc. (a) At the top of each ballot shall be printed in prominent type the words: `Official Ballot' followed by the name and date of the election. (b) Immediately under this caption, the following directions shall be printed: `Mark out or through the name of each candidate for whom you do not wish to vote. If you spoil your ballot do not erase, but ask for a new ballot. Use only pen or pencil'. In such office or offices in which marks are made in violation of these directions, said ballot shall be disregarded in the counting of the votes cast for such office or offices. (c) Immediately under the directions, the names of all candidates, who have qualified in accordance with the provisions of this charter, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the offices for which they are candidates and be printed thereunder in alphabetical order. (d) Immediately following the names of the official candidates, ample space for write-in candidates shall be provided and the following instructions shall precede such
Page 2516
space: `To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of office involved. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil'. In such office or offices in which marks are made in violation of these directions, said ballot shall be disregarded in the counting of the votes cast for such office or offices. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in space provided, and the insertion of such name outside such space or by the use of a sticker, paster, stamp or other printed or written matter is prohibited. Section 12G. Election managers shall, before proceeding with an election, take and subscribe the following oath: `All and each of us do swear that we are qualified by being freeholders to hold this election; that we will make a just and true return therefor, and not knowingly prohibit anyone from voting who is entitled; and that we will not knowingly divulge for whom any vote was cast, unless called upon under the law to do so, so help us God.' Election managers. The city clerk or registrar shall administer the oath. Section 12H. The affidavit of oath shall be signed by each election manager in the capacity in which he acts and subscribed before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. The managers of said election shall proceed to count out the ballots, declare the result and issue certificates of election to the mayor-elect and commissioner-elect; provided, however, that said certificates of election and the results of said election shall be issued by the managers within two days from the date of election. Same. It shall be the duty of the managers at any election held under the provisions hereof after the ballots have been counted and the results have been ascertained, to replace
Page 2517
all the ballots in the ballot boxes, together with a list of the voters and tally sheets, and seal the same and deposit the same with the clerk of the Superior Court of the County of Emanuel, who shall preserve the same and deliver it only as herein provided. The certificates thus issued as herein provided shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties, after qualification as hereinafter provided. Section 12I. The managers of such election, in addition to their duty to issue to the newly elected mayor and each of the newly elected commissioners a certificate of election, shall certify the result of the election to the acting board of commissioners, which last certificate shall be entered upon the records of said mayor and commission. Said managers shall also furnish the mayor and commissioners one of the tally sheets of said election, certified to by them as being correct. Election results, etc. Section 12J. In the event anyone desires to contest any election had in said city, said contest shall be conducted under the rules and regulations hereinafter prescribed: (a) The result of any election may be contested on one or more of the following grounds: (1) Malconduct, fraud or irregularity by any election official or officials sufficient to change or place in doubt the result. Election contests. (2) When the defendant is ineligible for the office in dispute. (3) When irregular votes have been received or regular votes rejected at the polls sufficient to change or place in doubt the result. (4) For any error in counting the votes or declaring the result of the election, if such error would change the result.
Page 2518
(5) For any other cause which shows that another was the person regularly elected or eligible to hold the office. (b) Any person desiring to contest such election shall, within five days from the date of said election, file in the office of the clerk of the superior court of Emanuel County, a petition setting forth his allegation as to the grounds for said contest and which shall include: (1) The contestant's qualifications to institute the contest. (2) The name of the office or question involved in the contest. (3) The name of the defendant. (4) The name of each person, who was a candidate in such election for the office for which the contest is made. (5) Each ground of contest. (6) The date of the official declaration of the result in dispute. (7) The relief sought. (8) Such other facts as are necessary to provide a full, particular and explicit statement of the cause of contest. (c) The petition shall be verified by the affidavit of the contestant. (d) Upon such petition being filed, the clerk of the superior court of Emanuel County shall issue notice in the form of special process directed to the sheriff of Emanuel County requiring the defendant to appear and answer such petition on a day to be fixed in such notice, nor more than ten days nor less than five days, of the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant in the same manner as petitions and processes are served in other
Page 2519
civil cases. On or before the day fixed in such notice, unless for good cause shown, the presiding judge shall extend the time therefor, the defendant shall appear and answer such petition and may set up by way of answer any right or interest he may have or claim in such proceeding. Any other person who was a candidate at such election for the office involved and upon whom notice was served as aforesaid shall be deemed a litigant to such proceedings and may set up by way of answer or cross-action any right or interest he may have or claim therein. (e) After filing, any petition, cross-action or answer may be amended with relief of court so as to include the specification of additional grounds of contest, other relevant facts, or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigant. (f) The presiding judge shall fix a time and place, within 20 days after the return day fixed in such notice to the defendant, for the hearing of such contest proceeding and such judge may fix additional hearings at such other times and places as are necessary to promptly decide the contest. (g) The court, presided over by such judge, shall have plenary power, to make, issue and enforce all necessary orders, rules, processes and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Charter. The court shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of, and of any person capable of testifying concerning the same, and also to compel the production of evidence which may be required at such hearing, in like manner, and to the same extent as in other civil cases litigated before such court; to take testimony and to proceed without delay, postponing for the purpose, if necessary, all other business, to the hearing and determination of such contest.
Page 2520
(h) (1) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue which under other laws of this State or city the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases. (2) In a case contesting the result of an election, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In a case where a special verdict is to be rendered, the court shall submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict. (i) (1) After hearing the allegations and evidence in the contest, the court shall declare as elected, or as eligible to compete in a runoff election, that qualified candidate who received the requisite number of votes, and pronounce judgment accordingly, and the clerk shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved, and the clerk shall certify such determination to the defendant.
Page 2521
(2) When a defendant, who has received the requisite number of votes for election or to compete in an election, is determined to be ineligible for the office sought, the court shall pronounce judgment declaring the election invalid as regards such office, and shall thereupon call a second election to fill such office. (3) If misconduct is complained of on the part of the poll officers or managers of any election in said city, it shall not be held sufficient to set aside contested result unless the rejection of the vote would change such result. (4) Whenever the court trying a contest shall determine that the election is so defective as to the office or eligibility in contest as to place in doubt the result of the election for such office or eligibility, then such court shall declare the election to be invalid as regards such office or eligibility, and shall thereupon call a second election to fill such office. (j) If an appeal is made from final determination of the court, it shall be made in accordance with law of Georgia, now of force or hereafter amended or enacted for appeals in civil cases. (k) The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the election be confirmed, or the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and if the judgment be against the defendant, or the result or election be set aside, he shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise. (1) The presiding judge in such election contest shall be any superior court judge of an adjoining judicial circuit of the Middle Judicial Circuit. In the event a contest for any office is instituted, the clerk of the City of Twin City shall deposit in the office of the clerk of the superior court of Emanuel County the
Page 2522
ballot box or boxes used in such election, and such box or boxes shall be held by said clerk of the superior court until further ordered by the court. In the event of a contest for any office, the certificates of election shall not be delivered by the managers of such election until the contest is heard and determined. It shall be the duty of the officers in commission at the time of said election which is in contest to continue to discharge the duties of their offices until said contest is heard and determined. Section 12K. No person shall be eligible to hold the office of mayor in said city unless he is twenty-one years old, a qualified elector of the City of Twin City, and shall have resided in the city for a period of two years immediately preceding his election. Mayor's qualifications. Section 12L. There shall be held in the City of Twin City on the first Tuesday in December an election to elect the successors to the commissioners and mayor whose terms of office expire in that year. Every person desiring to become a candidate for either the office of mayor or for the office of commissioner of the said City of Twin City shall file or cause to be filed with the clerk of the City of Twin City, not later than ten days before the municipal election date, which election shall be held on the first Tuesday in December, annually, a statement of his or her candidacy, reciting that he is offering for mayor or as commissioner, and, if offering as commissioner, said statement shall designate the person to whose office he desires to seek or succeed. The candidate shall further file with the clerk of the City of Twin City a certificate sworn to by him that he is qualified to fill the office to which he seeks election. Terms of office, etc. All candidates for the office of Mayor shall be elected by the voters of the entire City of Twin City and must obtain a plurality of the votes cast in any election to be elected. All candidates for the office of commissioner shall be elected by the voters of the City who reside within the ward to be represented by the candidate, and the candidate must obtain a plurality of the votes cast in any election to be elected.
Page 2523
The mayor and commission may provide that each candidate for mayor and commissioner shall pay a filing fee of not more than $25.00 when filing the statement of candidacy and certificate. The mayor and commissioners shall at their first meeting in each year elect one of the commissioners to serve as Mayor Pro Tem for the calendar year. Section 12M. The mayor and commissioners serving at the time of the approval of this Act shall continue to serve for the term to which they were elected. Their successors shall not take office until the regular term of office of the incumbent officers shall expire. The mayor and commissioners shall serve for a term of office of two years and until the successor is duly elected and qualified. Present incumbents. Section 12N. In the event a vacancy shall occur within the offices of mayor or commissioner within six months of the expiration of the regular term of office in which the vacancy shall occur, the mayor and commissioners in the event of vacancy on commission and the commissioners in the event of a vacancy of mayor shall fill such vacancy by electing a successor to serve out the term of office in which the vacancy occurs. If the vacancy should occur at any other time, the clerk shall issue the call for a special election in order to fill such vacancy within fifteen (15) days of the date on which the vacancy first occurs. The election shall be held within thirty (30) days of the issuance of the call and shall be advertised by the clerk in the official organ of Emanuel County for the two (2) weeks next preceding the date fixed for said special election. Said election shall be held in accordance with the provisions of this charter governing municipal elections. That candidate offering to fill such vacancy who receives a plurality of the votes cast shall be elected. Provided, however, if a vacancy occurs at any other time not within six months of the expiration of the term of office in which the vacancy occurs, which is within three months of an annual election, the clerk, with the unanimous consent of the remaining mayor and commissioners, may hold the election to fill the vacancy at the same time as the annual election. Vacancies.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Emanuel County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, William Rogers, who on oath deposes and says that he is the editor and publisher of the Swainsboro Forest Blade, official county organ in and for Emanuel County and that the attached copy of notice of intention to apply for local legislation was published in the Swainsboro Forest Blade on the following dates: December 27th, 1967, January 3rd, 1968, and January 10th, 1968. /s/ William Rogers Sworn to and subscribed before me, this 8th day of February, 1968. /s/ Sidney B. Shepherd, Notary Public. My Commission expires Jan. 21, 1971. (Seal). Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that the application for passage of local legislation at the January session 1968 of the General Assembly of Georgia will be made in order to amend the charter of the City of Twin City, as amended. This 20th day of December, 1967. /s/ Geo. L. Smith II Representative, 54th District. Approved March 21, 1968.
Page 2525
CITY OF HOGANSVILLESALE OF PUBLIC UTILITIES. No. 813 (House Bill No. 1499). An Act to amend an Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 505), as amended, so as to provide that no public utility owned by said city may be sold, unless such sale is approved by the majority of the registered and qualified voters; 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 Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 505), as amended, is hereby amended by adding between sections 19 and 20 a new section to be designated section 19A to read as follows: 19A. (a) No public utility owned by the City of Hogansville may be sold, unless the sale is approved by the majority of the registered and qualified voters of said city in a referendum held for such purpose. (b) The referendum may be held only after four-fifths of the city council approve of holding such referendum or ten per cent of the registered and qualified voters sign a petition requesting such referendum. (c) Notice of the referendum stating the date and purpose must be posted in the city hall for thirty days prior thereto. (d) The date and purpose for holding the referendum must be advertised in the official organ of the County of Troup at least one time each week for three consecutive weeks during thirty days prior to such referendum. (e) After the above requirements have been met, it shall be the duty of the city election managers to hold and
Page 2526
conduct the election. The city election managers shall submit the following to the registered and qualified voters of the City of Hogansville: `YES () NO () Shall the city council be authorized to sell the (name of public utility) that is owned by the City of Hogansville?' All persons desiring to vote in favor of allowing the city council to sell the utility shall vote Yes. All persons desiring to vote against allowing the city council to sell the public utility shall vote No. If more than one-half of the registered and qualified voters of the City of Hogansville vote in favor of allowing the city council to sell the public utility, the city council is authorized to sell such utility in any manner that such council deems to be in the best interest of said city. The city election managers shall certify the result of such election to the mayor and council and the mayor and council shall by proper resolution declare the result thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Troup County. Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Notice of Local Legislation. Notice is given that legislation will be introduced in January, 1968 to amend the charter of the City of Hogansville so as to provide that no utility system owned by the City of Hogansville can be sold by the City of Hogansville until
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the same is approved by the electorate in a referendum held for that purpose. This 15th day of December, 1967. Elizabeth Askew City Clerk has been published in said LaGrange Daily News, to-wit: Dec. 22, 1967, Dec. 29, 1967, Jan. 5, 1968, being 3 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long, Publisher Sworn and subscribed before me, this 14th day of February, 1968. /s/ Sue K. Whatley, Notary Public, Troup County, Georgia. My Commission expires March 6, 1968. (Seal). Approved March 21, 1968. STEPHENS COUNTY DEVELOPMENT AUTHORITYBONDS. No. 814 (House Bill No. 1538). An Act to authorize the Stephens County Development Authority to issue revenue bonds; to carry out the purposes provided in the constitutional amendment creating said Authority; to provide that such bonds shall be validated, issued, and delivered in accordance with the Revenue Bond Law; to repeal conflicting laws; and for other purposes.
Page 2528
Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to an amendment to Article VII, Section V, Paragraph I of the Constitution creating the Stephens County Development Authority, which amendment was ratified at the General Election in 1962 and which may be found in Georgia Laws 1962, p. 877, the Stephens County Development Authority, in order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, is hereby authorized to issue revenue bonds bearing the rate or rates of interest and maturing at the years and amounts as determined by the Authority, and the procedure of validation, issuance, and delivery shall be, in all respects, in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended (Ga. Code Ann. Supp., Chap. 87-8), as if said obligations had been originally authorized to be issued thereunder. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that a bill will be introduced in the 1968 Session of the General Assembly of Georgia, to amend the act creating the Stephens County Development Authority to enlarge its powers and duties and also to restrict certain powers and duties so as to reduce the unemployment in Stephens County, Georgia. This 3rd day of February 1968. Don C. Moore, Representative Stephens County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don C. Moore who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of
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notice of intention to introduce local legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: February 8, 15, 22, 1968. /s/ Don C. Moore Representative, 12th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. MILLER COUNTY BOARD OF EDUCATIONREFERENDUM. No. 815 (House Bill No. 1602). An Act to change the method of selecting the members of the Board of Education of Miller County; to provide for education districts; to provide for education posts; to provide for filling vacancies; to provide for all matters and procedures relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The Board of Education of Miller County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of Miller County, said county shall be divided into three education districts as follows:
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Education District No. 1 shall be composed of all that territory within Miller County embraced within Militia District No. 1160. Members, districts. Education District No. 2 shall be composed of all that territory within Miller County embraced within Militia District No. 1029. Education District No. 3 shall be composed of all that territory within Miller County embraced within Militia District No. 903. (b) Each of the five members of the Board of Education shall occupy a board post, the same numbered one through five, inclusive. Post Number 1 shall be occupied by a board member who resides in Education District No. 1. Post Number 2 shall be occupied by a board member who resides anywhere in Miller County. Post Number 3 shall be occupied by a board member who resides in Education District No. 2. Post Number 4 shall be occupied by a board member who resides anywhere in Miller County and Post Number 5 shall be occupied by a board member who resides in Education District No. 3. Section 2. (a) The members of the board shall be elected by the voters of the entire county and to be elected as a member of the board, the candidate must receive the highest number of votes cast and a majority of the votes cast. Elections, terms, etc. (b) The first member of the Board of Education of Miller County for Post No. 1 shall be elected for a four-year term at the general election held in 1968 and shall take office on January 1, 1969 and serve until his successor is elected and qualified. Such member shall be the successor to the present member of the board whose term expires in October, 1968 and whose term is hereby extended until December 31, 1968. (c) The first member of the Board of Education of Miller County for Post No. 2 shall be elected for a four-year term at the general election held in 1968 and shall take office on January 1, 1969 and serve until his successor is elected
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and qualified. Such member shall be the successor to the present member of the board whose term expires in October, 1969 and whose term is hereby shortened to December 31, 1968. (d) The first member of the Board of Education of Miller County for Post No. 3 shall be elected for a four-year term at the general election held in 1970 and shall take office on January 1, 1971 and serve until his successor is elected and qualified. Such member shall be the successor to the present member of the board whose term expires in October, 1970 and whose term is hereby extended until December 31, 1970. (e) The first member of the Board of Education of Miller County for Post No. 4 shall be elected for a four-year term at the general election conducted in 1970 and shall take office on January 1, 1971 and serve until his successor is elected and qualified. Such member shall be the successor to the present member of the board whose term expires in April, 1971 and whose term is hereby shortened to December 31, 1970. (f) The first member of the Board of Education of Miller County for Post No. 5 shall be elected for a four-year term at the general election in 1972 and shall take office on January 1, 1973 and serve until his successor is elected and qualified. Such member shall be the successor to the present member of the board whose term expires in April, 1972 and is hereby extended until December 31, 1972. (g) Successors to the members of the Board of Education of Miller County elected in accordance with this Act shall be elected at the general election immediately preceding the expiration of their respective terms and shall take office on the first day of January following their election for a term of four years and until their successors are elected and qualified. Section 3. In the event of a vacancy on the Board of Education of Miller County for any reason other than the expiration of the term of office the remaining members
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of the board shall elect a person for the education post from the education district in which the vacancy occurs, who shall serve for the unexpired term. When any member of the board moves his residence from the district he represents, his place on the board shall immediately become vacant. Vacancies. Section 4. 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 Miller County to issue the call for an election for the purpose of submitting this Act to the voters of Miller County for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Miller County. The ballot shall have written or printed thereon the words: For approval of the Act providing for electing members of the Board of Education of Miller County. Referendum. Against approval of the Act providing for electing members of the Board of Education of Miller 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 Miller 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 special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
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Section 5. 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, Donald R. Kirksey who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of notice of intention to introduce local legislation was published in the Miller County Liberal which is the official organ of Miller County, on the following dates: February 1, 1968, February 8, 1968 and February 15, 1968. /s/ Donald R. Kirksey Representative, 87th District Sworn to and subscribed before me, this 27 day of Feb., 1968. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Georgia, Miller County. I, Bert Priest, do certify that I am editor and publisher of the Miller County Liberal, the official organ of Miller County, Georgia, the foregoing notice was published in said Miller County Liberal in the issues appearing on February 1, 8, and 15th of 1968. This the 16th day of February, 1968. Bert Priest Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1968 Session of the General Assembly of Georgia, a
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bill effecting the terms and way of electing the Miller County Board of Education, provide for a referendum, and for other purposes. Donald R. Kirksey Representative 87th District Approved March 21, 1968. HANCOCK COUNTYSALARIES OF NAMED OFFICERS. No. 816 (House Bill No. 582). An Act to amend an Act placing 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, approved February 18, 1964 (Ga. L. 1964, p. 2088), so as to change the compensation of said officers; 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, ordinary, and the clerk of the superior court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), is hereby amended by striking from the first paragraph of section 2 the figure 6,000.00 and inserting in lieu thereof the figure 7,000.00 so that section 2 when so amended shall read as follows: Section 2. The sheriff of Hancock County shall receive an annual salary of $7,000.00 per annum, to be paid in twelve monthly installments on the last business day of each calendar month from the funds of Hancock County. Sheriff. The sheriff is hereby authorized to appoint a deputy and the sheriff shall be compensated for a deputy, whether
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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. 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 2. Said Act is further amended by striking from section 3 the figure 5,000.00 and inserting in lieu thereof the figure 6,000.00 so that section 3 when so amended shall read as follows: Section 3. The ordinary 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. Ordinary. Section 3. Said Act is further amended by striking from section 4 the figure 6,000.00 and inserting in lieu thereof the figure 7,000.00 so that section 4 when so amended shall read as follows: Section 4. The clerk of the superior court of Hancock County shall receive an annual salary of $7,000.00 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 4. The provisions of this Act shall become effective on January 1, 1969. Effective date.
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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1967 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, ordinary and clerk of the superior court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), so as to change the compensation of said officers; and for other purposes. This 21 day of January 1967. Marvin E. Moate Representative, 39th District Personally appeared before the undersigned attesting officer, G. B. Moore, Sr., publisher and owner of the Sparta Ishmaelite, legal organ for Hancock County, who after being duly sworn, deposes and says that the above advertisement was published in his paper, January 26th, Feb. 2nd and Feb. 9th, 1967. G. B. Moore, Sr. /s/ J. L. Williams, N. P. My Commission expires Jan. 7, 1968. (Seal). Approved March 21, 1968. JACKSON COUNTYOFFICE OF TAX COMMISSIONER CREATED, NAMED OFFICERS PLACED ON SALARY BASIS. No. 817 (House Bill No. 838). An Act to consolidate the offices of tax receiver and tax collector of Jackson County into the office of the tax commissioner of Jackson County; to provide for the election of the tax commissioner; to provide for his term
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of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi fas; to abolish the present mode of compensating the clerk of the superior court, the sheriff and the ordinary of said county, known as the fee system; to provide in lieu thereof annual salaries for such officers, including the tax commissioner; 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 certain fees be paid to said officers; 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 of such personnel; to provide for arbitrating disagreements; to provide for compensating the commissioner of roads and revenues of said county; to specifically repeal a conflicting law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Jackson County are hereby consolidated and combined into the one office of the tax commissioner of Jackson 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 time as the election of other county officers for Jackson County in 1968. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1972, 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
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their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Jackson County, and their terms of office shall continue through December 31, 1968. 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. First election, etc. Section 3. All taxes due and payable Jackson 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 4. The present mode of compensating the clerk of the superior court, the sheriff and the ordinary of Jackson County, known as the fee system, is hereby abolished, and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Officers placed on salary basis. Section 5. (a) The clerk of the superior court shall receive an annual salary of ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Jackson County. Clerk of superior court. (b) The governing authority of Jackson County is hereby authorized to increase the salary of the clerk of the superior court to twelve thousand ($12,000.00) dollars per annum. Section 6. (a) The sheriff shall receive an annual salary of ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Jackson County. Sheriff. (b) The governing authority of Jackson County is hereby authorized to increase the salary of the sheriff to twelve thousand ($12,000.00) dollars per annum. Section 7. (a) The ordinary shall receive an annual salary of eight thousand ($8,000.00) dollars, payable in equal monthly installments from the funds of Jackson County. Ordinary.
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(b) The governing authority of Jackson County is hereby authorized to increase the salary of the ordinary to ten thousand ($10,000.00) dollars per annum. Section 8. (a) The tax commissioner shall receive an annual salary of ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Jackson County. Tax commissioner. (b) The governing authority of Jackson County is hereby authorized to increase the salary of the tax commissioner to twelve thousand ($12,000.00) dollars per annum. Section 9. (a) 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. (b) All fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, monies, payments into retirement system and all other emoluments which have accrued to the said officer at the time this Act becomes effective and to which said officer is entitled and which remains uncollected at the time this Act becomes effective, shall when collected be paid to said officer. However, such officers shall report the collection of any such fees to the governing authority of the county. Section 10. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu
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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, Extra Session, p. 297), as amended. Tax commissioner. Section 11. (a) Each of the above named officers shall from time to time recommend to the governing authority of said county a number of such deputies, clerks, assistants, secretaries and other personnel as they shall each deem necessary to efficiently and effectively discharge the official duties of their respective offices together with suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Jackson County to approve the necessary positions of employment and to fix the compensation to be received by each employee in said offices. 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. Clerical, assistants, etc. (b) In the event a disagreement arises between said officers and the governing authority over the salaries, or number of office personnel, or supplies or equipment, the officers shall be authorized to appeal to an arbitration committee composed of the Judge of the Superior Court of Jackson County, the solicitor general 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.
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Section 12. 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 Jackson County. Operating expenses. Section 13. 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 14. The chairman of the board of commissioners of roads and revenues of Jackson County, Georgia shall receive a salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Jackson County. The governing authority of Jackson County is hereby authorized to increase the salary of said chairman to $12,000.00 per annum. The members of the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, other than the chairman, shall each receive a salary of $1,200.00 per annum plus $25.00 per month for travel and other expenses payable out of the funds of Jackson County. The governing authority of Jackson County is hereby authorized to increase the salary of said members of the Board to $1,800.00 per annum. Chairman Commissioners, etc. Section 15. An Act abolishing the mode of compensating the sheriff of Jackson County, approved March 2, 1966 (Ga. L. 1966, p. 2977), is hereby repealed in its entirety. 1966 Act repealed. Section 16. The provisions of this Act shall become effective on January 1, 1969, except for section 2 relating to electing a tax commissioner, which shall become effective immediately upon this Act becoming law. Effective date.
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Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1967 regular session of the General Assembly of Georgia legislation pertaining to the compensation of the tax collector, tax receiver, clerk of the city and superior court, commissioners, the ordinary and the sheriff of Jackson County; and for other purposes. Georgia, Jackson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths Herman Buffington who, on oath, deposes and says that he is the publisher of The Jackson Herald and that the attached copy of notice of intention to introduce local legislation was published in The Jackson Herald, which is the official organ of Jackson County, on the following dates: February 8, 15, 22 and March 1, 1967. Herman Buffington Publisher of The Jackson Herald Sworn to and subscribed before me, this 16th day of March, 1967. /s/ Henry D. Robinson, NP Approved March 21, 1968. CITY COURT OF WAYNESBOROCOMPENSATION OF JUDGE AND SOLICITOR. No. 818 (House Bill No. 847). An Act to amend an Act creating the City Court of Waynesboro in Burke County, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended particularly by an Act approved August 11, 1904 (Ga. L. 1904, p. 227), by an Act approved February 25, 1949 (Ga. L. 1948, Ex. Sess. and
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1949 Reg. Sess., p. 1737), by an Act approved February 12, 1951 (Ga. L. 1951, p. 2369), and by an Act approved February 6, 1962 (Ga. L. 1962, p. 2068), so as to change the compensation of the judge and solicitor of said court; to clarify certain language relating to the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Waynesboro in Burke County, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended particularly by an Act approved August 11, 1904 (Ga. L. 1904, p. 227), by an Act approved February 25, 1949 (Ga. L. 1948, Ex. Sess. and 1949 Reg. Sess., p. 1737), by an Act approved February 12, 1951 (Ga. L. 1951, p. 2369), and by an Act approved February 6, 1962 (Ga. L. 1962, p. 2068), is hereby amended by striking from section 4 the following language: The judge of said court shall receive a salary of two thousand seven hundred dollars per annum, which shall be paid monthly by the treasurer of the County of Burke, or out of the treasury or depository of the County of Burke by the board of commissioners of roads and revenues for the County of Burke, or by such other person or persons charged by law with the duty of paying out money and funds for said County of Burke., so that when so amended section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be elected by the qualified voters of the County of Burke, who shall hold his office for a term of four years; and if there should be a vacancy in the office of judge, the Governor, shall, by appointment, fill the same until the next general election, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections; provided, that if said vacancy occurs within thirty days of the next general election, then the appointment of the Governor shall continue
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for the remainder of the unexpired term. The judge of said court may practice law in any other court except his own. The first election for said judge shall be held on the third Wednesday in September, 1903, under the rules and regulations governing the election of the members of the General Assembly. The judge elected on the third Wednesday in September 1903, shall hold said office until January 1, 1905. His successor shall be elected at the general election for Governor and members of the General Assembly to be held in the year 1904, and shall hold his office for a term of four years from January 1, 1905, and thereafter said judge shall be elected every four years, as hereinabove provided. Section 2. Said Act is further amended by adding a new section immediately following section 4 to be designated section 4A to read as follows: Section 4A. The judge of said court shall receive a salary of three thousand, six hundred dollars ($3,600.00) per annum, which shall be paid monthly by the treasurer of the County of Burke, or out of the treasury or depository of the County of Burke, by the board of commissioners of roads and revenues for the County of Burke, or by such other person or persons charged by law with the duty of paying out money and funds for said County of Burke. Judge's salary. Section 3. Said Act is further amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12 to read as follows: Section 12. (a) Be it further enacted, that it shall be the duty of the solicitor of said court to represent the State in all cases in said court, and in cases carried up to the Supreme Court from said city court to which the State is or may be a party, and to perform such other duties as usually appertain to his office. Solicitor. (b) For services rendered the State in criminal cases, the solicitor of said court shall receive, in lieu of fees in criminal cases, a salary of three thousand, four hundred dollars ($3,400.00) per annum, which shall be paid monthly
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out of the treasury or depository of the County of Burke by the board of commissioners of roads and revenues for the County of Burke, or by such other person or persons charged by law with the duty of paying out money and funds of said County of Burke. In addition to such salary, said solicitor shall be entitled to receive and retain the same fees in all civil cases to which the State is a party, that are allowed to solicitors general for like services in the superior court. (c) In all criminal cases disposed of in said court, there shall be taxed in the bill of cost, on account of the services of the solicitor, the same fees which are allowed to solicitors general for like services rendered by them in the superior court, and when collected, such costs shall, together with all fines and forfeitures, be paid over to the treasurer of the County of Burke. Section 4. This Act shall become effective on the first day of the month following its approval by the Governor, or its otherwise becoming law. Effective date. Section 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act creating the City Court of Waynesboro in Burke County, approved August 15, 1903, (Ga. L. 1903, p. 174), as amended, so as to change the compensation of the judge and solicitor of said court; to provide an effective date; and for other purposes. This 11th day of December, 1967. /s/ Preston B. Lewis, Jr. Representative, 50th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: December 13, 20, 27th, 1967. /s/ Preston B. Lewis Representative, 50th District Sworn to and subscribed before me, this 8th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CITY OF FRANKLIN SPRINGSTERMS OF MAYOR AND COUNCILMEN. No. 821 (House Bill No. 848). An Act to amend an Act incorporating the City of Franklin Springs in the County of Franklin, approved July 22, 1924 (Ga. L. 1924, p. 561), as amended, by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2939), and by an Act approved March 6, 1956 (Ga. L. 1956, p. 3117), so as to change the terms of office of the mayor and councilmen of said city; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Franklin Springs in the County of Franklin, approved July 22, 1924 (Ga. L. 1924, p. 561), as amended, by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2939), and by an Act approved March 6, 1956 (Ga. L. 1956, p. 3117), 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. (a) Be it further enacted that on the first Wednesday in December, 1968, there shall be an election for a mayor and four councilmen. At said election the mayor shall be elected for a term of two years and until his successor is elected and qualified. The two councilmen receiving the highest number of votes at said election shall be elected for a term of two years and until their successors are elected and qualified. The two councilmen receiving the next highest number of votes shall be elected for initial terms of one year and until their successors are elected and qualified. Thereafter, an election shall be held on the first Wednesday in December of each year, and in odd numbered years, two councilmen shall be elected for a term of two years and until their successors are elected and qualified, and in even numbered years, the mayor and two councilmen shall be elected for a term of two years and until their successors are elected and qualified. (b) In case of a vacancy the remaining mayor and council shall perform all the duties of the council, provided there is a quorum. In case there is not a quorum the remaining mayor or councilmen may call an election to fill all vacancies, after giving ten days' written notice, said election to be held under the same rules as general elections. Said mayor and council shall have the authority to provide by ordinances, rules and regulations governing elections, registration, voting, declaring results, filing and hearing contests, and all other matters connected therewith. A mayor pro tem shall be elected by mayor and council, who shall discharge all duties of mayor in his absence or disqualification, or on his failure to act; said mayor pro tem to be elected from the members of the council.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act incorporating Franklin Springs in the County of Franklin, approved July 22, 1924 (Ga. L. 1924, p. 561), as amended, so as to change the terms of office of the mayor and councilmen of said city; to provide the procedures connected therewith; and for other purposes. This 12th day of December, 1967. A. T. Mauldin Representative, 18th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Mauldin who, on oath, deposes and says that he is Representative from the 18th District, 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 Franklin County, on the following dates: December 14, 21, 28, 1967. /s/ A. T. Mauldin Representative, 18th District Sworn to and subscribed before me, this 8th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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BRYAN COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 822 (House Bill No. 859). An Act to amend an Act abolishing the offices of tax receiver and tax collector of Bryan County, Georgia, and creating the office of tax commissioner of Bryan County, approved March 20, 1935 (Ga. L. 1935, p. 592), as amended, by an Act approved February 8, 1951 (Ga. L. 1951, p. 2277), and by an Act approved March 30, 1965 (Ga. L. 1965, p. 2910), so as to change the compensation of the tax commissioner of Bryan County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the offices of tax receiver and tax collector of Bryan County, Georgia, and creating the office of tax commissioner of Bryan County, approved March 20, 1935 (Ga. L. 1935, p. 592), as amended, by an Act approved February 8, 1951 (Ga. L. 1951, p. 2277), and by an Act approved March 30, 1965 (Ga. L. 1965, p. 2910), is hereby amended by striking from section 5 the following language: thirty-six hundred dollars ($3,600.00) per annum, same to be paid monthly in the sum of three hundred dollars ($300.00) per month,, and inserting in lieu thereof the following: five thousand two hundred dollars ($5,200.00) per annum, which shall be paid in equal monthly installments on the first day of each month,, so that when so amended section 5 shall read as follows: Section 5. The salary and compensation for said tax commissioner of Bryan County shall be five thousand two hundred dollars ($5,200.00) per annum, which shall be paid
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in equal monthly installments on the first day of each month, upon warrants authorized by the board of commissioners of roads and revenues of said county for said purposes, and payable by the county treasurer of said county. In addition to the above salary and compensation, the tax commissioner shall be entitled to all fees and commissions provided by law for the levy and collection of State occupation taxes. Section 2. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that a bill will be introduced in the 1968 session of the General Assembly of Georgia to change the compensation of the tax commissioner of Bryan County, and for other purposes. Jack W. Shuman Representative in the General Assembly of Georgia from the Sixty-fifth District. 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 the 65th District, 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 Bryan County, on the following dates: December 6, 13, 20, 1967. /s/ Jack W. Shuman Representative, 65th District
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Sworn to and subscribed before me, this 8th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CITY OF BOWMANMAYOR, CITY CLERK AND TREASURER. No. 823 (House Bill No. 872). An Act to amend an Act incorporating the City of Bowman, in the County of Elbert, approved August 22, 1907, (Ga. L. 1907, p. 438), as amended, particularly an Act approved March 7, 1955 (Ga. L. 1955, p. 2966), to change the term of office of the mayor from one year to two years and to change the term of office of the clerk and treasurer from one year to two years and to provide that the clerk and treasurer shall be elected by the mayor and city council instead of by the voters as now required; to repeal all conflicting laws; and define the effective date and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Bowman, in the County of Elbert, approved August 22, 1907, (Ga. L. 1907, p. 438), as amended, particularly an Act approved March 7, 1955, (Ga. L. 1955, p. 2966), is hereby amended by striking from section 2 the following: That the municipal government of this City of Bowman shall consist of a mayor, who shall be elected and serve for a term of one year or until his successor is elected and qualified, and substituting in lieu thereof the following: That the municipal government of this City of Bowman shall consist of a mayor, who shall serve for a term of two years or until
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his successor is elected and qualified, by striking from said section the following: A city clerk and treasurer, who shall be elected for and serve for a term of one year each or until their successors are elected and qualified, and substituting in lieu thereof the following: A city clerk and treasurer, who shall be elected by the mayor and city council, for and serve for a term of two years each, or until their successors are elected and qualified, so that when so amended said section shall read as follows: Section 2. Be it further enacted, that the municipal government of this City of Bowman shall consist of a mayor, who shall be elected and serve for a term of two years or until his successor is elected and qualified; five councilmen, who shall be elected for and serve for a term of one year each, except as provided in section 3 of this Act, or until their successors are elected and qualified; a city clerk and treasurer, who shall be elected by the mayor and city council for and serve for a term of two years each, or until their successors are elected and qualified, and such other officers elected by the said mayor and council as are herein provided for, or as may be necessary in carrying out the provisions of this act. Section 2. An Act incorporating the City of Bowman of Elbert County, approved August 22, 1907, (Ga. L. 1907, p. 438), as amended, particularly by an Act approved March 7, 1955, (Ga. L. 1955, p. 2966), is hereby further amended by striking from section 3, the following: Said mayor, city clerk and treasurer shall hold office for a term of one year or until their successors are elected and installed, and substituting in lieu thereof the following: Said mayor, city clerk and treasurer shall hold office for a term of two years or until their successors are elected and installed, the city clerk and treasurer shall be elected by the mayor and city council instead of vote by the registered voters of the city, so that when so amended said Section shall read as follows: Section 3. Be it further enacted, that the next election which is to be held in said city shall be the first Wednesday in December, 1907, and annually thereafter on the first Wednesday in December, at which election a mayor, city
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clerk, treasurer and five councilmen shall be elected. Said mayor and city clerk and treasurer shall hold office for a term of two years or until their successors are elected and installed, and the city clerk and treasurer shall be elected by the mayor and city council instead of by the registered voters of the city. The two members of said council who shall receive the highest number of votes at said election shall be elected for a term of two years; the other three members of said council for a term of one year; their respective successors shall be elected for a term of two years each. In said elections the polls shall be opened at such places as the mayor and council shall determine, at eight o'clock a. m., and close at six o'clock p. m., the prevailing time. Said election shall be under the control and management of a justice of the peace, who may or may not be a resident of said town, and two freeholders residents of said city, or of three freeholders of said city. The mayor and council shall set the compensation for election managers. Said election, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations, as prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and not in conflict with this Act. Section 3. Said Act shall become effective as of the general election of said City of Bowman to be held the first Wednesday in December, 1968. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Elbert County. Notice of Local Legislation For City of Bowman. Notice is hereby given as prescribed by law that there will be introduced in the 1968 Session of the General Assembly of the State of Georgia an act to amend the charter of the City of Bowman, as amended, to extend the term of the office of the mayor from one year to two years and extend the term of office of the clerk and treasurer from one year to two years, and provide for the election of the clerk
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and treasurer by the mayor and city council instead of by vote of the registered voters of the city, said Act to take effect concerning these offices as of the general election of said city the 1st Wednesday in December, 1968. This 1st day of December, 1967. A. S. Johnson, Sr., M. D. Representative of the General Assembly For Elbert County I, Gradus T. Christian, Editor of The Elberton Star, the newspaper in which sheriff's advertisements appear in Elbert County, and the publisher thereof, do hereby depose and say that the attached copy of notice of intention to introduce local legislation was published in the said newspaper on the following days, to-wit: December 8, 15, and 22, 1967. Gradus T. Christian Sworn to and subscribed before me, this 3rd day of January, 1968. /s/ Julienne W. Coogler Notary Public My Commission expires July 17, 1970. Approved March 21, 1968. ELBERT COUNTYSHERIFF'S BUDGET. No. 824 (House Bill No. 873). An Act to amend an Act to change the compensation of the sheriff of Elbert County; to provide for his deputies, vehicles and supplies; and for other purposes, approved March 28th, 1961 (Ga. L. 1961, p. 2778), so as to require the sheriff to furnish to the board of commissioners annually a recommended budget for his needs and requirements as to deputies and their salaries, vehicles, office employees and supplies to operate his office; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act to change the compensation of the sheriff of Elbert County; to provide for his deputies, vehicles and supplies; and for other purposes, approved March 28th, 1961, (Ga. L. 1961, p. 2778), is hereby amended by adding another section, immediately following section 6, to be designated section 6 (a) as follows: Section 6 (a) The sheriff of Elbert County shall annually before the county budget has been approved furnish the board of commissioners of roads and revenues of Elbert County a recommended annual budget for his office, setting out in detail the number of deputies and their total salaries, the number of his clerical employees, and their total salaries, the number of motor vehicles with specifications needed, the funds needed for fuel and repairs of his motor vehicles and funds needed for supplies and equipment for the annual operation of his office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Elbert County. Notice of Local Legislation for Elbert County. Georgia, Elbert County: Notice is hereby given as prescribed by law that there will be introduced in the 1968 Session of the General Assembly of the State of Georgia, an Act to amend Act No. 266 (H. B. No. 253), approved by the Governor March 28, 1961, prescribing the duties and authority of the sheriff of Elbert County, Georgia, providing for his recommendation to the board of commissioners as to naming his deputies, their salary, motor vehicles needed, office personnel and their salaries, the supplies and equipment needed for his office and to prepare and submit a budget to the board of commissioners annually as to such recommended needs and
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requirements, by adding section 6(a) immediately following section 6. This 1st day of December, 1967. A. S. Johnson, Sr., M. D. Representative of the General Assembly For Elbert County I, Gradus T. Christian, editor of The Elberton Star, the newspaper in which sheriff's advertisements appear in Elbert County, and the publisher thereof, do hereby depose and say that the attached copy of notice of intention to introduce local legislation was published in the said newspaper on the following days, to-wit: December 8, 15, and 22, 1967. Gradus T. Christian Sworn to and subscribed before me, this 3rd day of January, 1968. /s/ Julienne W. Coogler Notary Public My Commission expires July 17, 1970. Approved March 21, 1968. DECATUR COUNTYPUBLICATION OF RECEIPTS AND EXPENDITURES BY BOARD OF EDUCATION. No. 825 (House Bill No. 902). An Act to require the board of education of Decatur County to publish a summary of all receipts and expenditures of said board of education on a monthly basis; to provide for a detailed and itemized list of all expenditures and receipts which shall be available for public inspection; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. The board of education of Decatur County shall publish once a month in the official organ of Decatur County a general summary of all receipts and expenditures of said board, which general summary shall include an itemization by receipt and expenditure classifications. The summary shall contain a notification that a detailed and itemized list of all expenditures and receipts of the board for the immediately preceding month is on file in the office of said board of education for inspection by the public. Section 2. The board of education of Decatur County shall compile and maintain a detailed itemization of all receipts and expenditures of the board for the immediately preceding month, and shall make available a copy of the detailed itemization for public inspection within the office of said board. 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 regular 1968 Session of the General Assembly of Georgia, a bill to require the publication by the Board of Education of Decatur County a summary of all receipts and expenditures by said board for the immediately preceding month; to provide for a detailed itemization of receipts and expenditures by the board; to provide for the inspection of such itemization by the public; and for other purposes. This 19th day of December, 1967. A. Wallace Cato Representative, 89th District Georgia, Decatur County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Wallace Cato, who, on oath, deposes and says that he is Representative
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from 89th District, and that the attached copy of notice of intention to introduce local legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: December 21, 30, 1967 and January 4, 1968. A. Wallace Cato Representative, 89th District, Post #2 Sworn to and subscribed before me, this 5th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. THOMASTONUPSON COUNTY OFFICE BUILDING AUTHORITYMEMBERS. No. 826 (House Bill No. 1003). An Act to change the number of the members of the Thomaston-Upson County Office Building Authority; to change the qualifications of the membership of said Authority and to change the manner in which the members of said Authority shall be selected. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by virtue of the authority thereof: Section 1. That the Thomaston-Upson County Office Building Authority (which was created by an amendment to Article VII, Section VI, Paragraph I, of the Constitution of the State of Georgia of 1945, which amendment is contained in Georgia Laws 1964, Extraordinary Session, pp. 338 et seq.), shall hereafter consist of five (5) members,
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one of whom shall be the Mayor of the City of Thomaston, Georgia, one of whom shall be a City Councilman of the City of Thomaston, Georgia, who shall be selected by the City Council of said City of Thomaston, Georgia, one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenue of Upson County, Georgia, one of whom shall be a resident freeholder of Upson County, Georgia, residing either within or without the municipal corporate limits of said City of Thomaston, Georgia, who shall be selected by the Board of Commissioners of Roads and Revenue of Upson County, Georgia, and the fifth member shall be a resident freeholder of Upson County, Georgia, residing either within or without the municipal corporate limits of said City of Thomaston, Georgia, who shall be nominated by the Mayor and Council of said City of Thomaston, Georgia, and whose nomination shall be subject to the approval of the Board of Commissioners of Roads and Revenue of Upson County, Georgia. The terms of office of said Mayor and said Chairman of the Board of Commissioners of Roads and Revenue as members of said Authority shall be commensurate with the terms as such Mayor and as such Chairman, and the other three members of said Authority shall hold office for a term of one (1) calendar year and until their successors shall have been selected and appointed. Any vacancy on the Authority, except the said Mayor of the City of Thomaston, Georgia, and the said Chairman of the Board of Commissioners of Roads and Revenue of Upson County, Georgia, shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy. Immediately after such appointments, the members of such Authority shall enter upon their duties. Section 2. This Act is enacted pursuant to the authority vested in the General Assembly of Georgia by virtue of paragraph C. of that certain amendment to Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1945, which amendment is contained in Georgia Laws 1964, Extraordinary Session, pp. 338 et seq., which amendment created the Thomaston Office Building Authority, the name of which was changed to Thomaston-Upson County
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Office Building Authority by Georgia Laws 1967, pp. 3139 et seq. Section 3. Be it further enacted, that if for any reason any provision, clause, sentence, phrase, word or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause or part of this Act which is not in or of itself unconstitutional or invalid and the remaining portions of this Act shall remain in effect without regard to the provision, clause, and part so held to be invalid or unconstitutional. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia, a bill to change the number of the members of the Thomaston-Upson County Office Building Authority; to change the qualifications of the membership of said Authority and to change the manner in which the members of said Authority shall be selected. This 21st day of December, 1967. /s/ Johnnie L. Caldwell Representative in the General Assembly for 51st District of 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
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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 28, 1967, January 4, 1968, and January 11, 1968. Thomaston Publishing Company By: Leon Smith Sworn to and subscribed before me, this 12th day of January, 1968. /s/ Ronald Barfield Notary Public, Upson County, Georgia. My Commission expires: January 14, 1970. Approved March 21, 1968. VILLAGE OF EAST THOMASTONCHARTER REPEALED. No. 827 (House Bill No. 1005). An Act to repeal an Act incorporating the Village of East Thomaston, approved August 16, 1909 (Ga. L. 1909, pp. 835 through 842, inclusive), and all the Acts amendatory thereto, so as to abolish the charter of the Village of East Thomaston; to provide for an effective date hereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia; and it is hereby enacted by authority of the same, as follows: Section 1. An Act approved August 16, 1909 (Ga. L. 1909, pp. 835 through 842, inclusive), incorporating the Village of East Thomaston, as amended, is hereby repealed in its entirety and all Acts amendatory thereto are hereby repealed in their entirety and the charter of the Village of East Thomaston is hereby abolished.
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Section 2. Be it further enacted that this Act shall not go into effect until 12 o'clock midnight (according to the time standard then in effect in the State of Georgia), July 1, 1968. 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, 1968, session of the General Assembly of Georgia a bill to repeal an Act incorporating the Village of East Thomaston, approved August 16, 1909 (Ga. L. 1909, pp. 835 through 842, inclusive), and all the Acts amendatory thereto, so as to abolish the charter of the Village of East Thomaston; to provide for an effective date thereof; to repeal conflicting laws; and for other purposes. This 19th day of December, 1967. /s/ Johnnie L. Caldwell Representative in the General Assembly for 51st District of Georgia. Georgia, Upson County: Before me, the undersigned officer authorized to administer oaths, personally appeared Leon Smith, who on oath says that he is the duly authorized agent of Thomaston Publishing Company, the publisher of The Thomaston Times , a newspaper published in the City of Thomaston, Upson County, Georgia, being of general circulation and being the newspaper in which sheriff's advertisements for Upson County, Georgia, are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice of intention to apply for local legislation, was duly published in The Thomaston Times once a week for three (3) weeks as required by law, said dates of publication being December 21, 1967, December 28, 1967, and January 4, 1968. Thomaston Publishing Company By: Leon Smith
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Sworn to and subscribed before me, this 4th day of January, 1968. /s/ Ronald Barfield Notary Public, Upson County, Georgia. My Commission expires: Jan. 14, 1970. (Seal). Approved March 21, 1968. CHARLTON COUNTYEMPLOYEES OF CLERK OF SUPERIOR COURT. No. 828 (House Bill No. 1084). An Act to amend an Act placing the clerk of the superior court of Charlton County on an annual salary in lieu of the fee basis of compensation, approved April 6, 1967 (Ga. L. 1967, p. 2730), so as to authorize the governing authority of Charlton County to appoint, employ and fix the compensation and terms of deputies, clerks, assistants and other personnel in the office of the clerk of the superior court of Charlton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court of Charlton County on an annual salary in lieu of the fee basis of compensation, approved April 6, 1967 (Ga. L. 1967, p. 2730), 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 governing authority of Charlton County shall have the authority to appoint such deputies, clerks, assistants and other personnel for the office of the clerk of the superior court of Charlton County as they shall deem necessary for the clerk of the superior court to efficiently and effectively discharge the official duties of his office.
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It shall be within the sole power and authority of the clerk, during his term of office, to prescribe the duties and assignment of such deputies, clerks, assistants and other personnel. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the next session of the General Assembly of Georgia which will convene Monday, January 8, 1968, a Bill to grant unto the board of commissioners of roads and revenues of Charlton County, the tax levying authority of said county, the authority to appoint, employ, fix the compensation and terms of deputies, clerks, assistants and other personnel in the office of the clerk of superior court of said county; to repeal conflicting laws; and for other purposes. Said Bill will be introduced at the request of the Charlton County board of commissioners of roads and revenues, the governing body of said county, contained in a resolution duly passed, adopted and of record. This 18th day of December, 1967. Robert W. Harrison, Jr. State Representative, 98th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 98th District, 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 Charlton County, on the following dates: December 28, 1967 and January 4th and 11th, 1968. /s/ Robert W. Harrison, Jr. Representative, 98th District
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Sworn to and subscribed before me, this 17th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. DECATUR COUNTY BOARD OF EDUCATIONREFERENDUM. No. 829 (House Bill No. 1096). An Act to provide for the election of the members of the Board of Education of Decatur County; to provide for post positions; to provide the manner of electing members to the Board; to provide for qualifications, compensation and terms of office of the members of the Board; to provide for filling vacancies; to provide for the election of a chairman and other officers of the Board by the members; to provide for the appointment of the County School Superintendent of Decatur County by the Board; to provide for his qualifications, compensation and term of office; to provide for all matters relative to the foregoing; 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 Board of Education of Decatur County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of Decatur County, the positions on the Board of Education shall be numbered posts 1 through 5, respectively. Any person offering as a candidate for a position on the board at the time of his qualification shall specifically designate the particular post for which he is offering as a candidate.
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Post Number 1 shall be that position on the board presently occupied by Mr. Ed Mitchell or his successor, and he or his successor shall continue to serve until December 31, 1968, and until his successor is duly elected and qualified. Members, etc. Post Number 2 shall be that position on the board presently occupied by Mr. R. T. Parker, III or his successor, and he or his successor shall continue to serve until December 31, 1970, and until his successor is duly elected and qualified. Post Number 3 shall be that position on the board presently occupied by Mr. Ramsey Simmons, Jr. or his successor, and he or his successor shall continue to serve until December 31, 1972, and until his successor is duly elected and qualified. Post Number 4 shall be that position on the board presently occupied by Mr. Byron Johnson or his successor, and he or his successor shall continue to serve until December 31, 1972, and until his successor is duly elected and qualified. Post Number 5 shall be that position on the board presently occupied by Mr. R. O. Wheeler or his successor, and he or his successor shall continue to serve until December 31, 1972, and until his successor is duly elected and qualified. Successors to the above members of the Board of Education shall be elected in the general election which shall be conducted in that year in which their respective terms of office shall expire, and they take office on the first day of January following their election. The initial member elected to represent Post Number 1 shall be elected for a term of office of two years and until his successor is duly elected and qualified. Candidates elected to represent Post Number 1 and Post Number 2 at the general election in 1970 shall serve for terms of office of four years each and until their successors are duly elected and qualified. Candidates elected to represent Post Number 3, Post Number 4 and Post Number 5 at the general election in 1972 shall serve for terms of office of four years each and until their successors are duly elected and qualified. Thereafter, successors to the initial members of the Board of Education of
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Decatur County elected as herein provided shall serve for terms of office of four years each and until their successors are duly elected and qualified. Section 2. To be eligible to serve as a member of the Board of Education, a candidate must be at least 21 years of age, a freeholder, and shall have been a resident of the county for at least one year immediately preceding the date of the election. The members of the Board of Education shall be elected by the voters of the entire county. To be elected as a member of the board, a candidate must receive the highest number of votes cast and, at the same time, he must receive a majority of the total votes cast. Qualifications, etc. Section 3. At the first meeting of the board which is conducted in January of each year, the board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the board shall constitute a quorum for the transaction of any business which may come before the board. All members of the board shall be compensated in the amount of $20.00 for each meeting actually attended, plus the necessary expenses incurred in carrying out their official duties. Chairman, quorum, etc. Section 4. Vacancies on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election, at which time a successor shall be elected by the voters of the entire county to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. The Decatur County Board of Education created by this Act shall be successor to all the rights, powers, duties and obligations of the old Decatur County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancies, present board. Section 5. The county school superintendent of Decatur County serving at the time of the approval of this Act shall continue to serve out the term of office to which he was
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elected. Thereafter, the Board of Education of Decatur County shall appoint the county school superintendent of Decatur County, who shall serve at the pleasure of the board. The board shall fix the compensation of the superintendent. The person appointed to the office of county school superintendent of Decatur County shall possess the qualifications prescribed for county school superintendents by the laws of this State. It shall not be necessary for the person appointed as county school superintendent of Decatur County to be a citizen of the county. Superintendent. Section 6. After the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Decatur County to issue the call for an election for the purpose of submitting this Act to the voters of Decatur County for approval or rejection. The ordinary shall set the date of such election for the first Wednesday in May, 1968. 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 Decatur County. The ballot shall have written or printed thereon the words: For approval of the Act providing for the election of the members of the Board of Education of Decatur County by the voters of Decatur County and for the appointment of the County School Superintendent of Decatur County by the Board of Education of Decatur County. Referendum. Against approval of the Act providing for the election of the members of the Board of Education of Decatur County by the voters of Decatur County and for the appointment of the County School Superintendent of Decatur County by the Board of Education of Decatur 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
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it shall be void and of no force and effect. The expense of such election shall be borne by Decatur 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 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. 1. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to change the method of electing members of the county board of education; to provide for election districts; to provide for compensation in term of office; to provide for the appointment of the county school superintendent by the county board of education; to provide the procedures connected there with; to provide for a referendum; and for other purposes. Hubert Dollar Hubert Dollar, Representative 89th District Post No. 1 Anthony W. Cato - Post No. 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hubert Dollar who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of notice of intention to introduce local legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: December 14, 21, 28, 1967. /s/ Hubert Dollar Representative, 89th District
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Sworn to and subscribed before me, this 18th day of January, 1968. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968. FORSYTH COUNTYCOMPENSATION OF CHAIRMAN AND CLERK OF BOARD OF COMMISSIONER OF ROADS AND REVENUES. No. 830 (House Bill No. 1133). An Act to amend an Act creating a board of commissioners of roads and revenues for Forsyth County, Georgia, approved June 30, 1964 (Ga. L. 1964, Ex., Sess., p. 2225), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2419), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2608), so as to change the compensation of the chairman of the board; to remove the provisions relating to an expense allowance for the chairman of the board; to change the salary range of the clerk of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Forsyth County, Georgia, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2419), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2608), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The office of chairman of the board of commissioners of roads and revenues of Forsyth County shall
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be considered a full time job. Therefore, to adequately compensate said chairman for such service, he shall receive a salary of seven thousand five hundred ($7,500.00) dollars per annum. The salary of the other members of the board shall be twelve hundred ($1,200.00) dollars per annum each, plus fifty ($50.00) dollars per month each as an expense allowance. The total compensation of the chairman and the other members of the board shall be payable in equal monthly installments from the funds of Forsyth County. Chairman. Section 2. Said Act is further amended by striking from section 11 the words, symbols and figure three thousand six hundred ($3,600.00) and inserting in lieu thereof the words, symbols and figure four thousand two hundred ($4,200.00), so that section 11 when so amended shall read as follows: Section 11. The board is hereby empowered and authorized to employ and engage the services of a clerk. The salary of said clerk shall be a minimum of two thousand four hundred ($2,400.00) dollars per annum and a maximum of four thousand two hundred ($4,200.00) dollars per annum. Said board shall have the authority to fix the salary of said clerk within such salary range. Said clerk shall perform any and all duties as directed by the board, keep all records, countersign all warrants and checks and generally do and perform all other clerical or other duties as he may be directed by the board. Before entering upon his duties, he shall give bond in the sum of three thousand ($3,000.00) dollars, conditioned upon the faithful performance of his duties and payable to the board of commissioners of roads and revenues of Forsyth County. The cost of such bond shall be paid from the general funds of Forsyth County. He shall not be vested with any judicial powers or duties and shall perform his duties as directed by the board. Clerk. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1968 session of the General Assembly of Georgia a bill so as to change the compensation of the chairman of the board of roads and revenue, Forsyth County, Georgia; to remove the provision relating to an expense allowance for the chairman of the board. Notice is hereby given that there will be introduced at the 1968 session of the General Assembly of Georgia a bill to amend an act creating a board of commission of roads and revenues for Forsyth County, Georgia approved June 30, 1964 Georgia Laws 1964 extra session page 2225, or amended, so as to change the compensation authorized to be paid to the clerk of the board and for other purposes. This 26th day of December, 1967. James A. Otwell, Jr. Representative, 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James A. Otwell, Jr. who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in The Forsyth County News which is the official organ of Forsyth County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ James A. Otwell, Jr. Representative, 10th District Sworn to and subscribed before me, this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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JEFFERSON COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 831 (House Bill No. 1138). An Act to consolidate the offices of tax receiver and tax collector of Jefferson County into the office of the tax commissioner of Jefferson 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. Effective January 1, 1969, the offices of tax receiver and tax collector of Jefferson County are hereby consolidated and combined into the one office of the tax commissioner of Jefferson 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 Jefferson County in 1968. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1972, 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 Jefferson County, and their terms of office shall continue through December 31, 1968. Should
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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 $7,900.00, payable in equal monthly installments from the funds of Jefferson 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 Jefferson 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, 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, which commissions the tax commissioner shall be entitled to receive and retain in addition to the salary provided for herein. Fees. 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. 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 $9,300.00 during any one calendar year. Personnel, expenses, etc.
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All expenses incurred by the tax commissioner 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. Section 6. All taxes due and payable Jefferson 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 Local Legislation. Notice is hereby given that the undersigned will introduce in the 1968 General Assembly of Georgia a bill to abolish the offices of tax collector and tax receiver of Jefferson County and to create in lieu thereof the office of tax commissioner, and to fix the duties, term and compensation of said tax commissioner, and to provide for personnel to assist him in the discharge of his duties. This 2nd day of January, 1968. 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 the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The News Farmer which is the official organ of Jefferson County, on the following dates: January 11, 18 and 25, 1968. /s/ J. Roy McCracken Representative, 49th District
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Sworn to and subscribed before me, this 29th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. MUNICIPAL COURT OF SAVANNAHJURISDICTION, PROCEDURE, COSTS. No. 832 (House Bill No. 1157). An Act to amend an Act creating the Municipal Court of Savannah, approved August 13, 1915 (Ga. L. 1915, p. 124), as amended, so as to increase the justice of peace jurisdiction in said court; to provide for the procedure, pleading and practice therein; to provide the costs applicable within such jurisdiction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Municipal Court of Savannah, approved August 13, 1915 (Ga. L. 1915, p. 124), as amended, is hereby amended by adding following section (3) three new sections to read as follows: Section 3A. The jurisdiction of the Municipal Court of Savannah as to criminal matters and as to civil matters not in excess of two hundred dollars, shall be the same as the jurisdiction in justices' courts throughout this State generally as now or hereafter provided by law; and, in addition thereto, said court shall have jurisdiction in trover and in bail trover proceedings in which the value of the property sued for, exclusive of hire, does not exceed the principal sum of two hundred dollars. Said court shall also have jurisdiction of actions to recover penalties which may
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be sued for under the laws of Georgia, but in no case shall said court have jurisdiction to render judgment for more than one thousand dollars exclusive of interest and attorneys fee. Said court shall also have jurisdiction to take and entertain pleas of guilty in misdemeanor cases by consent of defendant and impose sentence as provided by law when such cases shall have origin in said court by virtue of warrants issued in said court. Jurisdiction. Section 3B. The pleading, practice and procedure in the Municipal Court of Savannah in all civil cases or proceedings involving not over two hundred dollars as principal claimed, or as the value of the property in dispute, shall be the same as now or hereafter prescribed by law, for justices' courts throughout this state generally. On appeal and in certiorari and all other matters the procedure in said court shall be the same as prescribed by law for justices' courts except where changed by laws relating to said Municipal Court, provided that there shall be no right of appeal to a jury in the Superior Court from any judgment from said Municipal Court of Savannah. Procedure. Section 3C. The costs and fees now charged in said Municipal Court of Savannah in cases not exceeding one hundred dollars shall hereafter be applicable in cases not exceeding two hundred dollars provided that when the amount recovered shall not exceed the sum of twenty dollars, the charge shall be one half of the present fees charged. Costs. 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 Charles H. Morris 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;
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That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said publisher corporation; 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 has reviewed the regular editions of the Savannah Evening Press published on January 6th, 1968, January 13th, 1968, January 20, 1968, and finds that the following advertisement, to-wit: Notice of intention is given to introduce legislation at the 1968 Session of the General Assembly of Georgia to increase the Justice of the Peace's jurisdiction of the Municipal Court of Savannah from $100.00 to $200.00, and for other purposes. Rep. Willis J. Richardson, Jr. District 116 appeared in each said editions. /s/ Charles H. Morris Sworn to and subscribed before me, this 22nd day of January, 1968. /s/ Miriam Potter, Notary Public, Chatham County, Georgia. (Seal). Approved March 21, 1968.
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CLAYTON COUNTYCOMPENSATION OF CHAIRMAN OF COMMISSIONERS OF ROADS AND REVENUES. No. 833 (House Bill No. 1182). An Act to amend an Act creating the 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), an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), an Act approved March 4, 1964 (Ga. L. 1964, p. 2348), an Act approved March 2, 1966 (Ga. L. 1966, p. 2723), an Act approved March 4, 1967 (Ga. L. 1967, p. 3138), and an Act approved April 13, 1967 (Ga. L. 1967, p. 3058), so as to change the compensation of the chairman of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the 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), an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), an Act approved March 4, 1964 (Ga. L. 1964, p. 2348), an Act approved March 2, 1966 (Ga. L. 1966, p. 2723), an Act approved March 4, 1967 (Ga. L. 1967, p. 3138), an Act approved April 13, 1967 (Ga. L. 1967, p. 3058), is hereby amended by striking from the first sentence of section 7 the words, symbols and figures, twelve thousand five hundred ($12,500.00), and inserting in lieu thereof the words, symbols and figures, sixteen thousand five hundred ($16,500.00), so that section 7 when so amended shall read as follows:
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Section 7. The chairman of the board shall be compensated in the amount of sixteen thousand five hundred ($16,500.00) dollars per annum to be paid in equal monthly installments from the funds of Clayton County. The county shall furnish the chairman with gasoline and oil for his automobile when used for county business and he shall be allowed five cents (.05) per mile for the use of his automobile when used for county business, but such mileage allowance shall not exceed six hundred ($600.00) dollars per annum. Such mileage allowance shall be paid monthly. The other two members of the board shall be compensated in the amount of four thousand five hundred ($4,500.00) dollars per annum to be paid in equal monthly installments. Such other members shall also be allowed five (.05) cents per mile for the use of a personal automobile when used for county business, but such mileage shall not exceed three hundred ($300.00) dollars per annum. Such mileage allowances shall be paid monthly. The chairman of the board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the board. All three members of the board, however, shall have an equal vote in all matters pertaining to the affairs of Clayton County, and the chairman shall carry out and administer the policies set by the board. Two members of the board shall constitute a quorum for the conducting of business, but it shall always take a concurrent vote of at least two members of the board to make any action official. Section 2. The provisions of this Act shall become effective on January 1, 1969. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenue of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064) as amended, so as
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to change the compensation of the chairman of the board; to provide for an effective date; and for other purposes. This 30 day of December, 1967. Sen. Kenneth Kilpatrick Rep. William J. Lee Rep. Arch Gary Rep. Lamar Northcutt Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press Clayton Co. News and Farmer which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1968. /s/ William J. Lee Representative, 35th District Sworn to and subscribed before me, this 29th day of January, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. LONG COUNTYCOUNTY ATTORNEY. No. 834 (House Bill No. 1183). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Long; providing for the election of members thereof by the qualified voters of said county; providing for commissioners of said county until the first election and defining their
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powers and duties, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, so as to provide that the board of commissioners of roads and revenues of Long County shall be authorized to elect a county attorney; to provide procedures for the foregoing; to provide for compensation; to provide for additional counsel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Long; providing for the election of members thereof by the qualified voters of said county; providing for commissioners of said county until the first election and defining their powers and duties, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, is hereby amended by striking section 21 in its entirety and substituting in lieu thereof a new section 21, to read as follows: The board of commissioners of roads and revenues of Long County, and every new board elected as herein provided, shall elect a county attorney to hold office and to serve with the members electing him at an initial salary of one hundred fifty ($150) dollars per month. Said county attorney may be discharged at any regular meeting of said board, and his salary may be decreased or increased by the board at any regular meeting. Provided, however, the maximum salary shall not exceed two hundred ($200) dollars per month and the minimum salary shall not be fixed at less than one hundred ($100) dollars per month. If in the opinion of said board, the interest of said county demands, the said commissioners shall have the authority to employ additional counsel to assist the said county attorney in any matter or litigation hereinafter arising. The board shall have the authority to fix the compensation for the additional counsel and pay the same from the general funds of Long County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice is hereby given that the undersigned will introduce to the General Assembly of Georgia at the January 1968, session thereof a bill to Amend a local act approved March 3, 1943, as amended, providing for the creation of the office of county attorney for Long County, Georgia, and providing that the appointment of said county attorney in certain instances be made by the judge of the superior court, and providing for a salary to be paid said attorney and for other purposes. Dewey Rush Representative 75 District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey Rush who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of notice of intention to introduce local legislation was published in The Ludowici News which is the official organ of Long County, on the following dates: January 11, 18 and 25, 1968. /s/ Dewey Rush Representative, 75th District Sworn to and subscribed before me this 30th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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CITY COURT OF SPRINGFIELDJUDGE'S SALARY. No. 835 (House Bill No. 1134). An Act to amend an Act creating the City Court of Springfield in and for the County of Effingham, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved August 8, 1916 (Ga. L. 1916, p. 295), by an Act approved February 19, 1951 (Ga. L. 1951, p. 2563), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 2881), so as to change the salary of the judge of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Springfield in and for the County of Effingham, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved August 8, 1916 (Ga. L. 1916, p. 295), by an Act approved February 19, 1951 (Ga. L. 1951, p. 2563), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 2881), is hereby amended by striking in their entirety the last two sentences of section 2 which read as follows: The judge of the said city court shall receive a salary of twenty one hundred dollars ($2,100.00) per year, which shall be paid monthly by the treasurer of the County of Effingham, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. Repealed. Section 2. Said Act is further amended by adding a new section, immediately following section 2, to be designated section 2A to read as follows: Section 2A. The judge of the said city court shall receive a salary of three thousand dollars ($3,000.00) per year, which shall be paid monthly by the treasurer of the County of Effingham, and it shall be the duty of the commissioners
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of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. Salary. 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 1968 session of the General Assembly of Georgia, a bill to amend An Act to establish the City Court of Springfield, approved July 20, 1908, and all Acts amendatory thereto, providing for a change in the salary for the judge of the City Court of Springfield and for other purposes. This 3rd day of January, 1968. Jack W. Shuman, Representative in the General Assembly of Georgia from the 65th District. 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 the 65th District, and that the attached copy of notice of intention to introduce local legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following dates: January 5, 12, 19, 26, 1968. /s/ Jack W. Shuman Representative, 65th District
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Sworn to and subscribed before me this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CITY COURT OF MILLENSALARIES OF JUDGE AND SOLICITOR. No. 836 (House Bill No. 1186). An Act to amend an Act establishing the City Court of Millen, approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved February 5, 1952 (Ga. L. 1952, p. 2038), so as to change the compensation of the judge and the solicitor of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Millen, approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved February 5, 1952 (Ga. L. 1952, p. 2038), is hereby amended by striking from section 2 the words two thousand four hundred and inserting in lieu thereof the words and figure three thousand two hundred ($3,200) so that section 2 when so amended shall read as follows: Section 2. The Honorable L. P. Strickland of said County of Jenkins shall be the judge of said court from this date until January 1, 1945. His successor shall be elected at the general election in November, 1944 to serve for the term of two years, and all other terms thereafter shall be for a term of four years. Should a vacancy occur in the office
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of judge, the board of commissioners of roads and revenues for Jenkins County shall appoint some competent attorney to hold said office until an election shall be held under the call of said commissioners to fill such vacancy, the calling and holding of such election shall be under such rules and regulations as govern the election for the filling of vacancies in county offices. The judge of said city court shall receive a salary of three thousand two hundred ($3,200) dollars per annum to be paid in equal monthly installments from the treasury of Jenkins County, and shall receive no other compensation, but may practice law in any other court, except his own. Judge. Section 2. Said Act is further amended by striking from section 8 the words twenty-one hundred and inserting in lieu thereof the words and figure three thousand two hundred ($3,200) so that section 8 when so amended shall read as follows: Section 8. The solicitor of said city court shall receive a salary of three thousand two hundred ($3,200) dollars per annum, payble monthly, out of the treasury of Jenkins County, and in addition to this the solicitor shall receive his regular fees from the State in the prosecution of cases before the Court of Appeals of Georgia, and may practice law in any court with the exception of representing defendants in criminal cases in the City Court of Millen. Solicitor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that there will be introduced at the January 1968 session of the General Assembly of Georgia a bill to increase the compensation of the judge and solicitor of Jenkins County, Georgia. This December 18th, 1967. A. Sid Newton, Representative, 50th District, Post 2
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Sid Newton, who, on oath, deposes and says that he is Representative from the 50th District, 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 Jenkins County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ A. Sid Newton Representative, 50th District Sworn to and subscribed before me this 29th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. SPALDING COUNTYTAX COMMISSIONER'S OFFICE HOURS. No. 837 (House Bill No. 1192). An Act to amend an Act of the General Assembly of Georgia, approved February 16, 1950 (Ga. L. 1950, p. 2583), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2753), and as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2659), so as to change and redefine the number of days and hours per week said tax commissioner shall keep his office open for business; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of the State of Georgia: Section 1. That the Act consolidating the offices of tax receiver and tax collector of Spalding County and creating the office of county tax commissioner of Spalding County, approved February 16, 1950 (Ga. L. 1950, p. 2583), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2753), and as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2659), be and the same is hereby further amended by striking section 4 of said Act in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. Said tax commissioner shall keep his office open for business at least five (5) days per week and at least forty (40) hours per week, legal holidays excepted and other days that may be designated by the governing authority of Spalding County as holidays also excepted, and said tax commissioner shall post his hours of opening and closing at or near the entrance to his office. Section 2. The effective date of this Act shall be March 1, 1968. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Spalding County, Georgia, are published, namely, in the Griffin Daily News, 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 requirements of the Constitution of the State of Georgia of 1945, as amended, relating to publication of notice of intent to apply for the passage of this local legislation, have been complied with for the enactment of this law.
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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly of Georgia a bill to provide for a change in the days that the office of the tax commissioner of Spalding County, Georgia, shall be kept open by the tax commissioner for business; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 5th day of January, 1968. /s/ Quimby Melton, Jr. /s/ Clayton Brown, Jr. Representatives (Spalding County) Thirty-fourth District, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administered oaths, Quimby Melton, Jr. and Clayton Brown, Jr., who on oath depose and say that they are Representatives in the General Assembly of Georgia from the Thirty-fourth District, and that the attached copy of notice of intent to introduce local legislation was published in the Griffin Daily News, which is the official organ of said County, on the following dates: January 6, 1968; January 13, 1968; and January 20, 1968. /s/ Quimby Melton, Jr. /s/ Clayton Brown, Jr. Representatives, Thirty-fourth District. Sworn to and subscribed before me, this the 30th day of January, 1968. /s/ J. Robert Cooper Notary Public, State of Georgia, County of Hall. My Commission expires 1971. (Seal). Aproved March 21, 1968.
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CITY OF WOODLANDCHARTER AMENDED. No. 838 (House Bill No. 1194). An Act to amend an Act incorporating the City of Woodland approved July 30, 1908 (Ga. L. 1908, p. 988), as amended by an Act approved August 15, 1916 (Ga. L. 1916, p. 1008), an Act approved February 27, 1953 (Ga. L. 1953, p. 2766), an Act approved March 23, 1960 (Ga. L. 1960, p. 3307), and an Act approved April 8, 1965 (Ga. L. 1965, p. 3368), so as to change the election date; to change the terms of office; to change the punishment which may be granted by the police court; to change marshal to chief of police; to provide for additional policemen; to provide for tax mills; to increase the amount of the commutation tax; to provide for utilities; to provide for all matter and procedure relative to 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 Woodland approved July 30, 1908 (Ga. L. 1908, p. 988), as amended by an Act approved August 15, 1916 (Ga. L. 1916, p. 1008), an Act approved February 27, 1953 (Ga. L. 1953, p. 2766), an Act approved March 23, 1960 (Ga. L. 1960, p. 3307), and an Act approved April 8, 1965 (Ga. L. 1965, p. 3368), is hereby amended by striking the first sentence in section 3 which reads as follows: Be it further enacted by the authority aforesaid, That an election shall be held in said town, at such place as the mayor of said town shall direct and designate, on the first Monday in January, 1909, and on the first Monday in January in each year thereafter, for a mayor and five councilmen, who shall hold their offices for one year, or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three places., and inserting in lieu thereof the following: Repealed. An election shall be held in said town at such place as the mayor of said town shall direct and designate. At the
Page 2592
General Election conducted in 1968, there shall be elected a mayor and five councilmen. Those elected shall take office when the present terms of office of the mayor and councilmen expire, and shall serve through the year 1970 and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial positions as provided for herein shall be elected at the General Election which is conducted in that year in which the respective terms of office shall expire, and shall take office on the first day of January following their election and shall serve for a term of two years and until their successors are duly elected and qualified. Should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three places., Elections, terms of office. so that when so amended section 3 shall read as follows: Section 3. An election shall be held in said town at such place as the mayor of said town shall direct and designate. At the General Election conducted in 1968, there shall be elected a mayor and five councilmen. Those elected shall take office when the present terms of office of the mayor and councilmen expire, and shall serve through the year 1970 and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial positions as provided for herein shall be elected at the General Election which is conducted in that year in which the respective terms of office shall expire, and shall take office on the first day of January following their election and shall serve for a term of two years and until their successors are duly elected and qualified. Should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three places. Said notice shall be posted ten days before the election. Said election shall be held under the law governing the election of members of the General Assembly, and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take oath to well and truly discharge the duties of their offices.
Page 2593
Section 2. Said Act is further amended by striking the words and phrases in section 6 which read as follows: a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, to sentence offenders to labor upon the streets or roads of said town, not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of the mayor., Repealed. and inserting in lieu thereof the following: placing such violators on probation, a fine not to exceed one thousand dollars, imprisonment not to exceed one year or labor upon the streets and roads of said town not to exceed one year, and any one or more of the above punishments may be ordered in the discretion of the mayor., Punishment for violating ordinances. so that when so amended Section 6 shall read as follows: Section 6. Be it further enacted, That said mayor may hold police courts, try offenders for the violation of the ordinances of the town, the rules and regulations prescribed for the government of said town, and may punish violators of the same by placing such violators on probation, a fine not to exceed one thousand dollars, imprisonment not to exceed one year or labor upon the streets and roads of said town not to exceed one year, and any one or more of the above punishments may be ordered in the discretion of the mayor. And when sitting as a court, said mayor may fine for contempt not to exceed ten dollars or imprisonment for five days for such contempt. Section 3. Said Act is further amended by striking from section 7 the words which read as follows: and marshal, and inserting in lieu thereof the following: , chief of police and such additional policemen as they deem necessary, Chief of police.
Page 2594
so that when so amended section 7 shall read as follows: Section 7. Be it further enacted, That said mayor and council may appoint a clerk, treasurer, chief of police and such additional policemen as they deem necessary, and prescribe their duties, not inconsistent with this Act and the laws of this State, and shall provide and take such bond from said officers as may be necessary for the faithful performance of the duties of their offices, and fix their compensation. Said mayor and council are authorized to appoint a tax assessor, or assessors, should more than one be required, to assess the taxable property of said town, and perform such other service as may be required in connection with said office, fix the compensation of such assessor or assessors, and require a bond for the faithful performance of their duties; provided, that nothing in this Act shall disqualify one person from holding the office of clerk, treasurer and assessor the same time. Section 4. Said Act is further amended by striking from section 8 the words which read as follows: exceeding one and one-half of one per centum, Tax rate. and inserting in lieu thereof the following: to exceed forty mills, so that when so amended section 8 shall read as follows: Section 8. Be it enacted, that for the purpose of raising revenue for the support and maintenance of the government of the Town of Woodland and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes and bonds, and other evidences of debt, money used in banking and every other species of property in said city owned or held therein, of not to exceed forty mills upon the value of said property; exclusive of the taxes for public schools as now authorized by law, and taxes for the purpose of paying the principal
Page 2595
and interest of any bonds heretofore issued, or that may issue hereafter, and to provide a sinking fund for such purposes; and to provide a fund for the payment of the annual interest and principal on said bonds additional tax may be levied and collected. Provided, however, that the mayor and council of said municipality may provide for the retirement and liquidation of any bonded indebtedness of said municipality, both principal and interest, annually by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and council so desire. The said mayor and council shall have full power and authority to require any person, firm, company or corporation, whether a resident or non-resident of said municipality, who may engage in, carry on or prosecute any trade, business, calling, vocation or profession within the corporate limits of said municipality, if not in conflict with the laws of Georgia, by themselves or by their agents to register their names, calling, trade, vocation, business or profession annually; and to require such persons, firm, company or corporation to pay for said registration and to pay a license to prosecute, carry on or engage in such business, calling, trade, vocation or profession such amounts as the mayor and council may provide by ordinance. Said mayor and councilmen may provide by ordinances for the punishment and penalties for the failure or refusal of any person, firm, company or corporation to pay said license tax or to obtain a license for the same, who engage in or attempt to engage in such business, calling, trade, vocation or profession before paying such taxes or taking out and obtaining said license, or who fails to comply in full with all requirements of said ordinances made in reference thereto. Section 5. Said Act is further amended by striking from section 12 the words which read as follows: five dollars, and inserting in lieu thereof the following: ten dollars,
Page 2596
so that when so amended section 12 shall read as follows: Section 12. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town subject to road duty, to work on the streets and walks of said town not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons, not to exceed ten dollars. Road duty. Section 6. Said Act is further amended by adding at the end of section 2 of the amendatory Act approved February 27, 1953 (Ga. L. 1953, p. 2766) a new paragraph to read as follows: The mayor and council are authorized and empowered to sell, furnish, and distribute water, lights, sewerage, electric energy, power and any other utilities service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said town. The mayor and council are authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to general and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the mayor and council may deem necessary. That the said town shall have the right to obtain by purchase, gift or condemnation such right of ways and easements as may be necessary for the purpose as provided in this paragraph., Utilities. so that when so amended said section 2 shall read as follows: Section 2. The Town of Woodland shall have the right, power and authority to construct, own, and operate a gas distribution system both within and without the corporate limits of said municipality, to purchase, distribute, transport, sell and furnish gas to customers located both within and without the corporate limits of said municipality, such customers to include persons, firms, corporations, or other municipal corporations, and to contract with and purchase
Page 2597
gas from persons, firms, corporations, and other municipal corporations, and to accept franchise for said purposes granted by other municipalities to the Town of Woodland, and any franchises heretofore granted said municipality are hereby ratified and affirmed. The Town of Woodland shall have the right, power and authority to exercise police powers over the entire gas system, and shall have the right and authority to make rules and regulations governing the operation, maintenance, extensions and connections with any gas main within or without the corporate limits of said municipality and shall have the right and authority to fix rates for the sale and use of gas from its system, and to require all users of gas who connect with the gas mains within or without the corporate limits of said municipality to install proper meters and make connections in accordance with the ordinances, rules and regulations provided therefor, and shall have the right and authority to refuse to sell or furnish gas to any person, firm or corporation or municipal corporation who fails or refuses to comply with such ordinances, rules and regulations. Nothing contained herein shall be construed as granting to any person, firm or corporation or municipal corporation the right to require the Town of Woodland to furnish gas, and the Town of Woodland shall not be required so to do if in its discretion the same is not deemed desirable or feasible. The mayor and council are authorized and empowered to sell, furnish, and distribute water, lights, sewerage, electric energy, power and any other utilities service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said town. The mayor and council are authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to general and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the mayor and council may deem necessary. That the said town shall have the right to obtain by purchase, gift or condemnation such right of ways and easements as may
Page 2598
be necessary for the purpose as provided in this paragraph. 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 Regular 1968 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Woodland, approved July 30, 1908 (Ga. L. 1908, p. 988), as amended by several subsequent Acts, so as to change the election date of the mayor and council; to change the terms of office of the said mayor and council; to change the punishment which may be granted by the police court; to change marshal to chief of police; to provide for additional policemen; to provide for tax mills; to increase the amount of the commutation tax; to provide for utilities; to provide for all matter and procedure relative to the foregoing; and for other purposes. This the 2nd day of January, 1968. W. C. Russell, Mayor W. B. Hendricks, Councilman Fred Goolsby, Councilman W. J. Nelson, Councilman Jeff Smith, Councilman C. H. Womble, Councilman 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 the 100th District, and that the attached copy of notice of intention to introduce local legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following dates: January 4, 11 and 18th, 1968. /s/ William Burton Steis Representative, 100th District
Page 2599
Sworn to and subscribed before me this 26th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968. TOWN OF LENOXAUTHORITY TO LEASE DESCRIBED LAND. No. 839 (House Bill No. 1199). An Act to amend an Act incorporating the Town of Lenox, approved December 12, 1901 (Ga. L. 1901, p. 510), as amended, so as to authorize the town council to lease certain described property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Lenox, approved December 12, 1901 (Ga. L. 1901, p. 510), as amended, is hereby amended by adding a new section to be known as section 14-B to read as follows: Section 14-B. The mayor and council are hereby authorized to lease the following described property: `In the Town of Lenox, Cook County, Georgia, beginning at a point where the South margin of Revills Street intersects the west boundary line of land of Georgia, Southern Florida Railroad; run thence westerly along said margin of Revills Street 15 feet; thence north along and down Old U. S. Highway 41 along a line parallel with said boundary line of said Railroad 30 feet; thence easterly at right angle to said railroad land 15 feet; thence south along said railroad land 30 feet to the point of beginning.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2600
Notice of Intention to Introduce Local Legislation. Georgia, Cook County. Notice is given that I shall introduce a bill in the next session of the General Assembly of Georgia (by virtue of section 69-304, Code of Georgia,) authorizing the Town of Lenox to lease a portion of those certain streets known as Old U. S. Highway 41 and Revills Street, being a strip 30 feet north and south and 15 feet east and west, at the intersection thereof. This 2nd day of January, 1968. A. L. Parrish, Representative Georgia, Cook County. Before an officer authorized to administer oaths personally appeared G. C. Patten, who deposes and says on oath that he is publisher of The Adel News and that the attached legal ad was duly published in said newspaper on the dates of January 3, 10, and 17, 1968. /s/ G. C. Patten Sworn to and subscribed before me this 18 day of January, 1968. /s/ Virgil D. Griffis N.P., Ga. State at Large. (Seal). Approved March 21, 1968.
Page 2601
RABUN COUNTYSALARIES OF SECRETARIES OF ORDINARY, TAX COMMISSIONERS AND CLERK OF SUPERIOR COURT. No. 840 (House Bill No. 1252). An Act to provide for the compensation of the respective secretaries of the ordinary, tax commissioner and clerk of the superior court of Rabun County; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The respective secretaries of the ordinary, tax commissioner and clerk of the superior court of Rabun County shall each receive for their compensation not less than two thousand seven hundred ($2,700.00) dollars per annum and not more than three thousand six hundred ($3,600.00) dollars per annum, payable in equal monthly installments from funds of Rabun County. The ordinary, tax commissioner and clerk of the superior court of Rabun County shall set their respective secretary's salary within the range provided herein. Salaries of secretaries. Section 2. An Act authorizing the ordinary of Rabun County upon recommendation of the tax commissioner of Rabun County, to additionally compensate the secretary of the tax commissioner, approved March 24, 1965 (Ga. L. 1965, p. 2519) is hereby repealed in its entirety. 1965 Act repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. State of Georgia, Rabun County. The Grand Jury, Rabun County Superior Court, November Term, 1967 recommended that the secretary for the ordinary, secretary for the tax commissioner, and secretary for the clerk of superior court be placed on a salary base of not less than $2700 per year and not more than $3600
Page 2602
per year and that said salaries be established within this category by their respective employers with the approval of the governing authority of said county and future grand jury. Now pursuant to the recommendation of said grand jury, this is notice that local legislation will be introduced at the 1968 session of the Georgia General Assembly to effectuate said recommendation. Fulton Lovell House of Representatives District 6 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fulton Lovell who, on oath, deposes and says that he is Representative from the 6th District, 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 Rabun County, on the following dates: January 4, 11, 18, 25, 1968. Fulton Lovell Representative, 6th District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2603
GREENE COUNTYCOMPENSATION OF NAMED OFFICERS. No. 842 (House Bill No. 1281). An Act to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, approved March 6, 1961 (Ga. L. 1961, p. 2182), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2450), and by an Act approved March 24, 1965 (Ga. L. 1965, p. 2619), so as to change the compensation of the sheriff, the clerk of the superior court, the ordinary, and the coroner of Greene County; to change the mileage allowance of the sheriff of Greene County; to provide that the governing authority of Greene County shall be charged with the responsibility of feeding prisoners confined under the jurisdiction of the sheriff; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, approved March 6, 1961 (Ga. L. 1961, p. 2182), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2450), and by an Act approved March 24, 1965 (Ga. L. 1965, p. 2619), is hereby amended by striking from subsection (a) of section 2 the following: eight thousand and two hundred ($8,200.00), and inserting in lieu thereof the following: nine thousand ($9,000.00), so that when so amended subsection (a) of section 2 shall read as follows: Section 2. (a) The sheriff shall receive an annual salary in the amount of nine thousand ($9,000.00) dollars, payable in equal monthly installments from the funds of Greene County. Sheriff. Section 2. Said Act is further amended by striking from subsection (b) of section 2 the following: eight (8), and inserting in lieu thereof the following: ten (10),
Page 2604
so that when so amended subsection (b) of section 2 shall read as follows: (b) The sheriff shall be paid or reimbursed at the rate of ten (10) cents per mile for the use of his personal motor vehicle in the performance of his official duties, payable monthly from the funds of Greene County upon an itemized statement thereof being submitted on or before the last day of the month by the sheriff. Sheriff's automobile allowance. Section 3. Said Act is further amended by striking subsection (e) of section 2 in its entirety. Repealed. Section 4. Said Act is further amended by adding a new section immediately following section 2 to be designated section 2A and to read as follows: Section 2A. The governing authority of Greene County is hereby charged with the responsibility of feeding the prisoners confined under the jurisdiction of the sheriff of Greene County. Said governing authority is hereby authorized to make whatever arrangements necessary to insure that said prisoners are properly fed and that the jail is properly maintained. The funds necessary to properly feed such prisoners and maintain said jail shall be payable from the funds of Greene County. The jailer appointed by the sheriff shall be compensated in the amount of seventy-five ($75.00) dollars per month from the funds of Greene County in lieu of turnkey funds. Jailer. Section 5. Said Act is further amended by striking from section 3 the following: six thousand and five hundred ($6,500.00) and two thousand and five hundred ($2,500.00) and inserting in lieu thereof the following: seven thousand ($7,000.00) and three thousand ($3,000.00) respectively, so that when so amended section 3 shall read as follows: Section 3. The clerk of the superior court of Greene County shall be compensated in the amount of seven thousand ($7,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Greene County. He
Page 2605
shall also be paid an allowance in the amount of three thousand ($3,000.00) dollars per annum to be paid in equal monthly installments from the funds of Greene County, which shall cover the cost of employing any deputy clerk and all secretarial help. Clerk of superior court. Section 6. Said Act is further amended by striking from section 4 the following: six thousand and five hundred ($6,500.00) and inserting in lieu thereof the following: seven thousand ($7,000.00), so that when so amended section 4 shall read as follows: Section 4. The ordinary of Greene County shall be compensated in the amount of seven thousand ($7,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Greene County, which shall include employing clerical help. Ordinary. Section 7. Said Act is further amended by striking from section 5 the following: three hundred ($300.00) and inserting in lieu thereof the following six hundred ($600.00), so that when so amended section 5 shall read as follows: Section 5. The coroner of Greene County shall be compensated in the amount of six hundred ($600.00) dollars per annum, which shall be paid in equal monthly installments from the funds of Greene County. Coroner Section 8. Sections 1, 2, 5, 6 and 7 of this Act shall become effective on January 1, 1969. Sections 3 and 4 of this Act shall become effective upon the approval of this Act by the Governor or its otherwise becoming law. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia,
Page 2606
a bill to amend an Act placing the compensation of the sheriff, the clerk of the superior court, the ordinary, and the coroner of Greene County on a salary basis in lieu of the fee basis, approved March 6, 1961 (Ga. L. 1961, p. 2182), as amended, so as to change the compensation of the clerk, the coroner, sheriff and ordinary of Greene County; to change the allowance allowed for the clerk of the superior court for clerical assistance, to change the mileage allowance for the sheriff, to provide an effective date, and for other purposes. This 2nd day of January, 1968. E. Roy Lambert Representative, 38th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 38th District, 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 Greene County, on the following dates: January 12, 19, 26, 1968. /s/ E. R. Lambert Representative, 38th District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2607
MORGAN COUNTYCOMPENSATION, ETC. OF NAMED OFFICERS. No. 843 (House Bill No. 1282). An Act to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Morgan County on a salary basis in lieu of the fee system of compensation, approved March 17, 1960 (Ga. L. 1960, p. 2518), as amended, by an Act approved April 5, 1961 (Ga. L. 1961, p. 3104), an Act approved March 14, 1966 (Ga. L. 1966, p. 3396), an Act approved April 4, 1967 (Ga. L. 1967, p. 2617), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2992), so as to change the compensation of the clerk of the superior court, ordinary and sheriff of Morgan County; to change the allowance allowed for the clerk of the superior court for clerical assistants; 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, clerk of the superior court, ordinary, tax collector and tax receiver of Morgan County on a salary basis in lieu of the fee system of compensation, approved March 17, 1960 (Ga. L. 1960, p. 2518), as amended, by an Act approved April 5, 1961 (Ga. L. 1961, p. 3104), an Act approved March 14, 1966 (Ga. L. 1966, p. 3396), an Act approved April 4, 1967 (Ga. L. 1967, p. 2617), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2992), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The clerk of the superior court of Morgan County shall be compensated in the sum of eight thousand ($8,000) dollars per annum, to be paid in equal monthly installments from the funds of Morgan County. The clerk is hereby authorized to employ such deputies or other clerical assistants as may be necessary for the efficient operation of his office and the compensation of such assistants shall be paid from the funds of Morgan County, provided,
Page 2608
however, that the total amount of compensation paid for such assistants from the funds of Morgan County shall be not less than two thousand, four hundred ($2,400) dollars per annum and not more than four thousand ($4,000) dollars per annum as shall be determined by the governing authority of Morgan County. Clerk of superior court. Section 2. Said Act is further amended by striking from section 3 the following: six thousand, five hundred ($6,500.00) and inserting in lieu thereof the following: seven thousand ($7,000.00), so that when so amended section 3 shall read as follows: Section 3. The ordinary of Morgan County shall be compensated in the sum of seven thousand ($7,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Morgan County. In addition thereto, the ordinary shall receive such sums as may be allowed by order, or orders, of the Superior Court of Morgan County for acting as custodian of the Braswell Fund. Ordinary. Section 3. Said Act is further amended by striking from section 4 the following: seven thousand four hundred and forty ($7,440.00) and inserting in lieu thereof the following: eight thousand ($8,000.00), so that when so amended section 4 shall read as follows: Section 4. The sheriff of Morgan County shall be compensated in the sum of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Morgan County. In addition thereto, the sheriff shall be paid from the funds of Morgan County the sum of one ($1.00) dollar for each meal served at the county jail to prisoners confined therein. The sheriff of Morgan County shall provide, maintain and operate at his own expense such automobile or automobiles as he may use in the proper performance of the duties of his office, and shall be paid the sum of seven cents per mile as mileage expense for each mile traveled in performance of his official duties, or at the discretion of the Morgan County board of commissioners of roads and revenues the sheriff may be furnished an automobile in lieu of such mileage allowance. The mileage
Page 2609
allowance herein provided for shall be paid monthly by the board of commissioners of Morgan County upon presentation by the sheriff to said board a certified, itemized expense account. Sheriff. Section 4. This Act shall become effective on January 1, 1969. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Morgan County from a fee system to a salary, approved March 19, 1960 (Ga. Laws 1960, p. 2518), as amended, so as to change the compensation of the clerk of the superior court, ordinary and the sheriff of Morgan County; to change the allowance allowed for the clerk of the superior court for clerical assistants; to provide an effective date; and for other purposes. This 26 day of December 1967. S/ E. Roy Lambert, Representative, 38th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of notice of intention to introduce local legislation was published in The Madisonian which is the official organ of Morgan County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ E. R. Lambert Representative, 38th District
Page 2610
Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. MORGAN COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 844 (House Bill No. 1283). An Act to consolidate the offices of tax receiver and tax collector of Morgan County into the office of the tax commissioner of Morgan 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 a deputy to assist the tax commissioner and for his compensation; to provide for the payment of expenses; to make provisions relative to taxes and 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 Morgan County are hereby consolidated and combined into the one office of the tax commissioner of Morgan 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 Morgan County
Page 2611
in 1968. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1972, 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 Morgan County, and their terms of office shall continue through December 31, 1968. 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, term, etc. Section 3. The tax commissioner shall receive for his services as such an annual salary of $8,000.00, payable in equal monthly installments from the funds of Morgan 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 Morgan 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. 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. Section 5. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his
Page 2612
duties. Such deputy shall be compensated in an amount not to exceed $4,000.00 per annum, payable in equal monthly installments from the funds of Morgan County. The exact amount of the compensation of said deputy shall be fixed, within said limitation, by the tax commissioner with the approval of the governing authority of Morgan County. Deputy. Section 6. 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 7. All taxes due and payable Morgan County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi fas heretofore isued shall have full force and effect and shall be collectible as issued. Taxes due. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to consolidate the offices of tax receiver and tax collector of Morgan County and to create the office of tax commissioner; to provide for the election of said tax commissioner at the same time other county officers are elected in 1968; to provide that the tax commissioner shall take office on January 1, 1969; to provide the procedures connected with the foregoing; and for other purposes. This 26th day of December, 1967. S/ E. Roy Lambert Representative, 38th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert
Page 2613
who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of notice of intention to introduce local legislation was published in The Madisonian which is the official organ of Morgan County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ E. R. Lambert Representative, 38th District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public. (Seal). Approved March 21, 1968. MORGAN COUNTYOFFICE OF TREASURER ABOLISHED. No. 845 (House Bill No. 1284). An Act to abolish the office of treasurer of Morgan County; to provide that the board of commissioners of roads and revenues of Morgan County shall appoint depositories for county funds; to provide an effective date; to provide that this Act shall be effective before said effective date under certain circumstances; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of treasurer of Morgan County is hereby abolished, and it shall be the duty of the board of commissioners of roads and revenues of Morgan County to appoint a chartered bank or chartered banks as depository or depositories of all funds of Morgan County. All county
Page 2614
funds heretofore handled, received and collected by the treasurer of Morgan County shall be paid to the board of commissioners of roads and revenues of Morgan County and shall be deposited by said commissioners in said county depository or depositories. Abolished. Section 2. Said county depository or depositories shall not pay out any of such county funds so deposited except on order or check duly signed by the chairman of the board of commissioners of roads and revenues, and by the clerk to the board of commissioners of roads and revenues, and by the clerk to the board of commissioners of roads and revenues. Upon approval by said board, the vice chairman of said board may sign such orders and checks along with the clerk in the absence of the chairman. Depositories. Section 3. Said depository or depositories shall be selected under such rules and regulations as may be prescribed by the board of commissioners of roads and revenues of Morgan County. Same. Section 4. Said depository or depositories shall furnish to the board of commissioners of roads and revenues at the end of each month a statement showing the amount of funds deposited and paid out during the month, and the balance remaining on deposit together with all cancelled checks paid during said month. Additional statements shall be furnished from time to time upon request of said board of commissioners. Statements. Section 5. This Act shall become effective on December 31, 1968; provided, however, that in the event the office of treasurer of Morgan County becomes vacant by death, resignation, retirement, or for any other reason at any time before December 31, 1968, then this Act shall be effective on the date said office becomes vacant. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to abolish the office of treasurer of Morgan
Page 2615
County; to provide the procedures connected therewith; to provide an effective date; and for other purposes. This 13 day of January, 1968. S/ E. R. Lambert, Representative, 38th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of notice of intention to introduce local legislation was published in The Madisonian which is the official organ of Morgan County, on the following dates: January 18, 25 and February 1, 1968. /s/ E. R. Lambert Representative, 38th District Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. GREENE COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 846 (House Bill No. 1285). An Act to amend an Act creating the board of commissioners of roads and revenues in and for Greene County, Georgia, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, by an Act approved March 6, 1961 (Ga. L. 1961, p. 2223),
Page 2616
and by an Act approved February 20, 1964 (Ga. L. 1964, p. 2170), so as to change the compensation of the chairman and members of said board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of roads and revenues in and for Greene County, Georgia, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, by an Act approved February 14, 1958 (Ga. L. 1958, p. 2205), by an Act approved March 6, 1961 (Ga. L. 1961, p. 2223), and by an Act approved February 20, 1964 (Ga. L. 1964, p. 2170), is hereby amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. Be it further enacted by the authority aforesaid, that the chairman shall be compensated in the amount of $3,600.00 per annum payable in equal monthly installments and shall be reimbursed for travel expenses incurred by him in the performance of his official duties at the rate of ten (10) cents per mile. The other members of the board shall be compensated in the amount of $1,200.00 per annum payable in equal monthly installments. The compensation and travel expenses provided herein shall be paid from the funds of Greene County. Section 2. This Act shall become effective on January 1, 1969. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act creating the board of commissioners of roads and revenues of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, so as
Page 2617
to change the compensation of the chairman and members of said board of commissioners; to provide an effective date; and for other purposes. This 2nd day of January, 1968. E. Roy Lambert, Representative, 38th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 38th District, 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 Greene County, on the following dates: January 12, 19, 26, 1968. /s/ E. Roy Lambert Representative, 38th District Sworn to and subscribed before me, this 5th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TOWN OF RUTLEDGENAME CHANGED TO CITY OF RUTLEDGE, CHARTER AMENDED. No. 847 (House Bill No. 1286). An Act to amend an Act creating a new charter for the Town of Rutledge, approved August 13, 1909 (Ga. L. 1909, p. 1345), as amended, by an Act approved August 1, 1929 (Ga. L. 1929, p. 1277), so as to change the
Page 2618
name of the Town of Rutledge to the City of Rutledge; to change the terms of office of the mayor and councilmen; to provide for the election of the mayor and councilmen for said new terms; to change the provisions relating to the qualifications for holding office as mayor and councilmen; to change the provisions relating to the compensation of the mayor and councilmen; to change the provisions relating to the ad valorem tax imposed by the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Rutledge, approved August 13, 1909 (Ga. L. 1909, p. 1345), as amended, by an Act approved August 1, 1929 (Ga. L. 1929, p. 1277), is hereby amended by striking from said Act the words town of Rutledge, said town, and the town wherever the same may appear, and inserting in lieu thereof the words City of Rutledge, said city, and the city. Name. Section 2. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) Be it further enacted that on the first Saturday in December 1968, and on the first Saturday in December in each year thereafter, an election shall be held at the city hall, or at such other place or places in said city as the mayor and council shall direct or designate, to elect the mayor and councilmen. At said election to be held on the first Saturday in December 1968, the mayor and four councilmen shall be elected as follows: The candidate for mayor and two candidates for councilmen who receive the highest number of votes cast at said election shall be elected for terms of two years and until their successors are elected and qualified, beginning on January 1, 1969; the two candidates for councilmen who receive the next highest number of votes cast at said election shall be elected for initial terms of one year and until their successors are elected and qualified, beginning on January 1,
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1969. Thereafter successors to the mayor and two councilmen or to the two councilmen, as the case may be, whose terms are expiring shall be elected on the first Saturday in December of each year and shall take office on the first day of January following their election for terms of two years and until their successors are elected and qualified. Elections, terms, etc. (b) Should any election fail to be held for any cause in said city at the time specified in subsection (a) of this section, the mayor shall order an election to be held in said city within thirty (30) days after the time specified for holding elections, and shall give public notice of said election at least ten (10) days before the date of said election by posting notices at three (3) or more public places in said city. (c) At the first meeting of the mayor and council after their election, or as soon as practicable thereafter, one of said councilmen shall be elected mayor pro tem by said mayor and council. Section 3. Said Act is further amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12 to read as follows: Section 12. Be it further enacted that no person shall be eligible to hold the office of mayor unless he shall be at least 25 years of age and shall have resided in said city one year immediately preceding his election, and no person shall be eligible to hold the office of councilman unless he shall be at least 21 years of age and shall have resided in said city for one year immediately preceding his election. No person shall be eligible to hold the office of mayor or councilman unless he shall have paid all taxes required of him by said city. Qualifications for office. Section 4. Said Act is further amended by striking section 13 in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. Be it further enacted that the mayor and council of the City of Rutledge are hereby authorized to
Page 2620
fix the compensation of the mayor and councilmen by an ordinance fixing such compensation being duly adopted by the mayor and council. Compensation. Section 5. Said Act is further amended by striking from section 19 the words ten dollars and inserting in lieu thereof the words thirty dollars, so that when so amended section 19 shall read as follows: Section 19. Be it further enacted that the mayor and councilmen, or a majority of them, shall have full power and authority to impose, assess, levy and collect such taxes not to exceed thirty dollars per thousand upon all real and personal property and on all notes, claims, evidences of debt and other choses in action held, possessed, kept or owned within the corporate limits of said city as they may deem necessary for the support of the government of said city, or for other purposes in their judgment beneficent to the citizens thereof generally, and they may enforce the collection of such taxes and also all fines imposed by them in such manner as they, by law or ordinances, may prescribe. Tax rate. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Rutledge, approved August 30, 1909 (Ga. L. 1909, p. 1345), as amended, so as to change the name of the Town of Rutledge to the City of Rutledge; to change the terms of office of the mayor and councilmen; to change the provisions relating to the qualifications for holding office as mayor and councilman; to change the compensation of the mayor and councilmen; to change the provisions relating to the ad valorem tax imposed by the mayor and council; and for other purposes. This 26 day of December, 1967. /s/ E. Roy Lambert Representative, 38th District
Page 2621
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of notice of intention to introduce local legislation was published in The Madisonian which is the official organ of Morgan County, on the following dates: December 28, 1967, January 4 and 11, 1968. /s/ E. R. Lambert Representative, 38th District Sworn to and subscribed before me, this 5th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. GREENE COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 848 (House Bill No. 1288). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2506), as amended, by an Act approved March 6, 1961 (Ga. L. 1961, p. 2180), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Greene County into the one office
Page 2622
of tax commissioner of Greene County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2506), as amended, by an Act approved March 6, 1961 (Ga. L. 1961, p. 2180), is hereby amended by striking from section 4 the following: six thousand five hundred ($6,500.00), and inserting in lieu thereof the following: seven thousand ($7,000.00), so that when amended section 4 shall read as follows: Section 4. The compensation of the tax commissioner of Greene County is hereby placed on a salary basis in lieu of a fee basis. He shall be compensated in the amount of seven thousand ($7,000.00) dollars per annum which shall be paid in equal monthly installments from the funds of Greene County. Such compensation shall be in lieu of all fee, costs, percentages, fines, forfeitures, commissions, penalties, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the tax commissioner, except that he shall continue to receive the fees allowed being tag agent in Greene County for the sale of motor vehicle license tags, and he shall continue to receive the amount provided in section 3 of an Act relating to the commission on taxes collected in excess of a certain percentage due according to the net tax digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All such fees, costs, percentages, fines, forfeitures, commissions, penalties and other perquisites shall be received and collected by the tax commissioner for the sole use of Greene County and shall be the property of Greene County. Such funds shall be held as public funds belonging to Greene County and shall be accounted for and paid to the fiscal authority of Greene County on or before the last day of each month in which they are collected, accompainied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Greene County shall not pay monthly compensation to the tax commissioner until such funds are received by said authority. Section 2. This Act shall become effective on January 1, 1969. Effective date.
Page 2623
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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the office of tax commissioner, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2506), as amended, so as to change the compensation of the tax commissioner; to provide an effective date; and for other purposes. This 2nd day of January, 1968. E. Roy Lambert Representative, 38th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 38th District, 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 Greene County, on the following dates: January 12, 19, 26, 1968. /s/ E. R. Lambert Representative, 38th District Sworn to and subscribed before me, this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2624
TOWN OF NORTH HIGH SHOALSCORPORATE LIMITS. No. 849 (House Bill No. 1295). An Act to amend an Act incorporating the Town of North High Shoals in the County of Oconee and State of Georgia, approved March 24, 1933 (Ga. L. 1933, p. 1040), so as to change the corporate limits of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of North High Shoals in the County of Oconee and State of Georgia, approved March 24, 1933 (Ga. L. 1933, p. 1040), is hereby amended by adding a new section between sections 2 and 3 to be designated section 2A, to read as follows: Section 2A. In addition to the territory described in section 2 of this Act, the corporate limits of the Town of North High Shoals shall also include the following described territory, to wit: Beginning at the southwest corner of present city limits of North High Shoals, Georgia, and thence running along the center of Apalachee River 6485.0 feet to a point, then N45-30' E-9825.0 feet to the center of a county road, thence S80-00'E-4925.0 feet to the center of a county road, thence S24-15'E-2300.0 feet to the center of a county road, thence S35-45'W-8750.0 feet to the center of Apalachee River, thence along the center of Apalachee River 3315.0 feet to the center of High Shoals Bridge, thence N12-15'E-1874.4 feet to the center of a county road, thence N55-00'W-660.0 to a point, thence N 44-45'W-1452.0 feet to a point, thence N 33-30'W-780.0 feet to a point, thence N 59-00'W-145.2 feet, thence S38-30'W-2637.36 feet to a point, thence S28-00'E-1980.0 feet to the center of Apalachee River being the beginning point. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia a bill to amend an act entitled Incorporating The Town of High Shoals, approved Nov. 20, 1901 (Ga. L. 1901, p. 434, as amended) so as to change the corporate limits and for other purposes. This the 3rd day of January, 1968. Hubert A. Wells Representative, 30th District 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 the 30th District, 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 Oconee County, on the following dates: January 3, 10, 17, 1968. /s/ Hubert H. Wells Sworn to and subscribed before me this 6th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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GLASCOCK COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 850 (House Bill No. 1306). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Glascock County into the office of tax commissioner of Glascock County, approved February 10, 1956 (Ga. L. 1956, p. 2058), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Glascock County into the office of tax commissioner of Glascock County, approved February 10, 1956 (Ga. L. 1956, p. 2058), is hereby amended by striking from section 4 the symbol and figure $2,400.00 and substituting in lieu thereof the symbol and figure $3,600.00, so that when so amended section 4 shall read as follows: Section 4. The tax commissioner shall be compensated in the amount of $3,600.00 per annum, to be paid in equal monthly installments from the funds of Glascock County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Glascock 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. The tax commissioner, if authorized to do so by the governing authority of Glascock County, may employ personnel to assist him in the performance of the duties of his office, and the compensation for such personnel shall be fixed jointly by the tax commissioner and the governing authority of the county. Such compensation shall be paid from the funds of Glascock County. Section 2. The provisions of this Act shall become effective on January 1, 1969. Effective date.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that pursuant to the request of the commissioners of roads and revenues of Glascock County, there will be introduced at the regular 1968 Session of the General Assembly of Georgia bills to change the compensation of the county treasurer of Glascock County, the tax commissioner of Glascock County and the commissioners of roads and revenues of Glascock County; to provide the procedures connected with the foregoing; and for other purposes. This 12 day of January, 1968. Bobby W. Johnson Representative, 40th District Hubert Hughes Commissioner John Hammond Usry Commissioner H. H. Hawkins Commissioner Georgia, Glascock County. This is to certify that the legal notice attached hereto has been published in the Gibson Record Guide legal organ for Glascock County, the following dates, to-wit: Jan. 19, 1968, Jan. 26, 1968 and Feb. 2, 1968. Sworn to on the 5th day of February 1968. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me on the 5th day of February 1968. /s/ Latrelle S. Smith Notary Public. My Commission expires May 3rd, 1969. (Seal). Approved March 21, 1968.
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TIFT COUNTY AIRPORT AUTHORITY ACT. No. 851 (House Bill No. 1326). An Act to establish an Airport Authority for Tift County to be known as Tift County Airport Authority which authority shall be a public corporation, having the right, power and authority separately or jointly, to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for the use of aircraft within the limits of said county, including such airports and landing fields as may now be owned or under the custody, control, use and occupancy of Tift County, Georgia and the City of Tifton, Georgia; to provide for the membership of said Tift County Airport Authority, their tenure of office, and the selections of their successors; and to prescribe generally the rights, powers, authority and duties of said airport authority; 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. There is hereby created and established in and for Tift County, Georgia an Airport Authority which shall be known as the Tift County Airport Authority, which shall be a public body corporate and politic, having jurisdiction within the territorial limits of said county, and which shall consist of a Board of five members. The word Authority as hereinafter used shall be deemed to mean the Tift County Airport Authority. Created. Section 2. The said Authority shall be composed of five (5) members, who shall be selected as follows: Post 1, the chairman of the Tift County Commissioners of Roads and Revenues, and in the event such chairman shall elect not to serve upon said board, and such election appearing in the minutes of said board, then such other member of said board as may be elected by resolution of a majority of the membership of said board; Post 2, the chairman of the City commission of the City of Tifton, Georgia, and in the event such chairman shall elect not to serve upon said commission,
Page 2629
and such election appearing in the minutes of said commission, then such other member of said commission as may be elected by resolution each member shall serve until his successor is named. It is provided that in the event the holders of Authority posts numbered 1, 2 and 3 shall cease to be qualified by reason of their not holding either the position as chairman of the Tift County commissioners of roads and revenues or a member thereof, or chairman of the city commission of the City of Tifton, or a member thereof, or a member of the Tift County Chamber of Commerce Aviation Committee, as the case may be, then and in such event a vacancy shall occur in such Authority. Members. Vacancies in such Authority shall be filled in the same manner as the holder of such vacated post as is herein provided, and which appointment shall be for the remainder of the term so vacated. Vacancies. Prior to assuming duties as a member of such Authority each member thereof shall take substantially the following oath: I do solemnly swear that I shall faithfully and impartially and well and truly discharge the duties of a member of the Tift County Airport Authority in all matters which require my official action, to the best of my knowledge and skill, and I will so act as in my judgment will be most conductive to the welfare and best interest of the operation of airports and to the entire County, so help me God. Said oath shall be administered by either the chairman of the city commission of the City of Tifton or by the chairman of the commissioners of roads and revenues of Tift County, and in the event either of said chairman shall serve upon said authority then he may take such oath from the chairman of such other board or commission as the case may be. Oath. The members of said Tift County Airport Authority shall serve without compensation. Section 3. Said Authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectuate its purpose and project, including, but not limited
Page 2630
to, the power and authority, separately or jointly, to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for use of aircrafts within the limits of said county, including such airports and landing fields of a majority of the membership of said commission; Post 3, a member of the Tift County Chamber of Commerce Aviation Committee selected by the majority of the membership of such committee, said selection being recorded in the minutes of the meeting of said committee and such selection being made by resolution of said committee; Post 4, a person named and selected by the Tift County board of commissioners of roads and revenues, and which selection shall appear in the minutes of said board; and Post 5, a person named and selected by the city commission of the City of Tifton, and which selection shall appear in the minutes of said Commission. Appointive members. Each member of said Authority shall be a resident of Tift County, Georgia and shall be at least 21 years of age. It is further provided that in addition to the qualifications as to age and residency, the members of said authority holding posts Nos. 4 and 5 shall further be knowledgeable and experienced in aviation and actively interested in aviation and in the operation of any and all airports located in Tift County; however, the determination of such qualifications shall rest solely with the commission appointing such member, and the determination of such commission that such member is so qualified shall be final. Further, excepting one member each of the board of commissioners of roads and revenues of Tift County and of the city commission of the City of Tifton, Georgia, no member of said Authority shall hold any elected position either of Tift County or of the City of Tifton; provided, however, that the holder of any appointive office of either Tift County or the City of Tifton shall not be disqualified by reason of holding such appointive position. Qualifications of members. The term of office of each member of said Authority shall be four (4) years, provided that upon this Act becoming effective the authority posts numbered 1, 2 and 3 shall have initial terms of the remainder of the calendar year 1968 and four (4) years from January 1, 1969 and which term
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shall expire on December 31, 1972. Authority posts numbered 4 and 5 shall initially be for the remainder of calendar year 1968 and two (2) years beginning January 1, 1969 and shall expire on December 31, 1970. The terms of each post shall after such initial term be for a period of four (4) years, and which may now be owned by either Tift County, Georgia or the City of Tifton, Georgia, separately or jointly, and to promulgate rules and regulations for such operations; to sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to the exercise of the power of the Authority; to acquire by the exercise of the right of eminent domain any property essential in the determination of the authority to the purposes of the Authority; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or interest therein; to mortgage, pledge and assign any revenues, incomes, tolls, charges or fees received by the Authority; to issue certificates of indebtedness for the purpose of providing funds for carrying out the duties of the Authority, provided such certificates shall not extend beyond the period of 20 years beyond the date of issuance thereof and provided further that such certificates shall be payable from the revenues realized from the projects of said Authority or any part thereof and provided further that such certificates shall not be in excess of the debt limitation herein stated; to borrow money for any corporate purposes provided that such borrowing of money shall not be in excess of the debt limitation herein stated; to appoint officers, agents or employees; to make use of any and all facilities, funds and other benefits afforded by the Federal Government or by the State of Georgia or any agency or instrumentality thereof; and to exercise any and all powers now or hereafter possessed by private corporations performing similar functions. Terms. Powers. Section 4. Notwithstanding anything to the contrary herein stated, the said Authority shall not be empowered to incur any indebtedness or aggregate thereof in excess of $10,000.00 until such time as the incurring of such indebtedness has been approved by resolution of both the Tift County commissioners of roads and revenues and the city commission of the City of Tifton, Georgia. Debts.
Page 2632
Section 5. Said Tift County Airport Authority shall not have power or authority to levy any tax of any kind for the purpose of providing revenue for its operation and the performing of its functions. However, said Authority is hereby granted the right to make such charges and assessments as it may deem appropriate for the use of any and all airport and aircraft facilities located in said County and any and all revenues produced and received by the said Authority from such purposes shall be used and utilized by such Authority as it may be deemed appropriate in performance of the functions herein stated. For the purposes of this section, the term tax shall mean to apply only to a general assessment through said county and shall not apply to any charges made by said Authority for the use of such services and facilities upon airports as is herein referred to. Assessments, etc. Section 6. Said Authority shall not operate or construct any project for profit, and shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts, in the opinion of said authority, sufficient together with other funds of the Authority to pay principal and interest upon any indebtedness or certificate of obligation; to provide for maintenance and operation of the project in a modern, safe and current manner; and to provide reasonable reserve for the expansion of the facilities and services of the Authority. Any revenue certificates issued by said Authority shall be issued in the same manner and subject to the like provisions as provided for the issuance of certificates of hospital authorities under the Hospital Authority Law and may be validated in the superior court as provided for in the Constitution of this State and according to the provisions of the Revenue Certificate Law of 1947, as amended, providing for the issuance of revenue certificates for the purchase, construction, and operation, in whole or in part, of any revenue producing facility. No such certificate shall be a personal or general obligation of any of said members and none of said members, nor any person executing such certificates on behalf of said Authority shall be personally liable thereon. Powers, etc.
Page 2633
Section 7. Said Authority shall not at any time have the right or authority to bind or in any manner obligate Tift County or the City of Tifton Georgia upon any indebtedness unless and until such indebtedness is authorized by resolution of the commissioners of roads and revenues of Tift County, Georgia or the city commission of the City of Tifton, Georgia, as the case may be. The Authority shall, however, have the right to bind Tift County and the City of Tifton insofar as any lease or rental contract for the use and occupancy of airport property owned by Tift County and the City of Tifton is concerned, provided that neither Tift County nor the City of Tifton shall be liable for any penalties or forfeitures contained in any such leases or rental agreement. Debts, leases. Section 8. Said authority shall make, or cause to be made to the board of commissioners of roads and revenues and to the city commission of the City of Tifton, Georgia at least annually or at such other reasonable times as may be required by either said city commission or said board of commissioners of roads and revenues, a written certified auditor's report in duplicate showing the operation of said Tift County Airport Authority. Said report shall contain and set forth the true condition of the affairs of said Authority, both from a financial standpoint and the services rendered, including receipts and disbursements, sources of receipts and purposes of disbursements, any and all indebtedness, cash on hand and accounts receivable and accounts payable. Said reports shall be signed by the chairman of said Authority and shall be filed and preserved in the office of the board of commissioners of roads and revenues and in the office of the city commission of Tifton, Georgia. The said Authority shall immediately furnish to either the commissioners of roads and revenues of Tift County Georgia or to the city commission of the City of Tifton, Georgia any and all information requested in writing by either of said bodies as to the operation of said authority, its projects, and actions. Audits, etc. Section 9. Nothing herein contained shall be construed as a fee-simple conveyance of any property now held by Tift County, Georgia or the City of Tifton, Georgia to the
Page 2634
said Authority, but the powers, duties and functions herein granted to said Authority shall be solely for the exclusive management, occupancy, use, control and custody of said property as may now or hereafter be used as an airport facility as well as any and all revenues, benefits, rents, and each and every income of whatever source and nature which may be derived from the use, custody, control and ownership of said property, and the said Authority is hereby granted the right and authority to rent, lease and let said property and to remove from said property any and all permanent improvements located thereon, to harvest and sell any and all timber or other products growing thereon, and to use the proceeds of such sales or removal as a part of its revenue in performing and carrying out its functions as are herein stated, and the said Authority shall have the sole and exclusive discretion as to such removal or sale. The right to receive any and all revenue herein stated shall be construed and shall include the revenue from any and all lands embraced within the present boundaries of Henry Tift Myers Airport, notwithstanding the fact that a portion or portions of such area may not be directly used as an aircraft landing field. Intent, etc. Section 10. The said Authority shall elect one of its members as chairman, one as vice chairman, and one as secretary and such officers of such Authority shall serve for a term of one year and until their successor is named. The said Authority shall vote upon all matters and a majority vote of such members present shall be mandatory. The said Authority shall have the power to delegate its functions to committees composed of membership thereof; however, no contracts or agreements shall be binding upon such Authority until the same has been approved by a majority of members present and such approval recorded in the minutes of said Authority. Chairman, meetings, etc. The said Authority shall meet monthly or at such time as may be designated by the chairman and other meetings may be held at any time on the call of any three members of the Authority when in their judgement the interest of the Authority and of the county demands it.
Page 2635
Section 11. This Act is hereby declared to be severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not impair or render any of the remaining provisions unconstitutional. Should the whole of said Act be, for any reason, declared unconstitutional, then the operation, management, supervision and control of airports in Tift County shall revert back to respective authorities supervising, managing and operating said airports at the time of the passage of this Act. Severability. Section 12. This Act shall become effective and operative upon its approval by the General Assembly of Georgia and upon its being signed by the Governor. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the January, 1968 Session of the General Assembly of Georgia an Act creating a Tift County Airport Authority; to provide for the appointment, duties, powers, qualification, substitution and the tenure of office of the members thereof; to provide that such authority shall be a public corporation, having the right, power and authority separately or jointly to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for the use of aircraft within the limits of said county, including the maintenance, operation, regulation and policing of such airports and landing fields as may now be located in said county; and to prescribe generally the rights, powers, authority and duties of said Airport Authority; and for other purposes. This 8th day of January, 1968. Board of Commissioners of Roads and Revenues of Tift County, Georgia City Commissioners of the City of Tifton, Georgia
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry W. Bostick who, on oath, deposes and says that he is Representative from the 93rd District, 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 Tift County, on the following dates: Jan. 11th, 18th and 25th, 1968. /s/ Henry W. Bostick Representative, 93rd District Sworn to and subscribed before me this 8th day of February, 1968. /s/ Amelia Smith Notary Public, Fulton County, Georgia. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968. CITY OF SAVANNAH-CHATHAM COUNTYBOARD OF EDUCATION, REFERENDUM. No. 852 (House Bill No. 1353). An Act to provide that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County; to provide for election districts; to provide election procedures; to provide for filling vacancies; to provide terms of office; to provide for compensation; to provide that no board member shall serve for more than two terms of office; to provide for election of the board chairman; to provide for a referendum; to repeal specific laws; to repeal conflicting laws; and for other purposes.
Page 2637
Be it enacted by the General Assembly of Georgia: Section 1. The Board of Public Education for the City of Savannah and County of Chatham shall be composed of eight (8) members to be elected as hereinafter provided. For the purpose of electing the members to the Board of Public Education for the City of Savannah and County of Chatham, Chatham County shall be divided into eight (8) education districts as follows: Education District Number 1 shall be composed of that territory contained within the following boundaries: Begin at a point at the intersection of the Savannah and Ogeechee Canal with the line dividing Chatham County from Bryan County and run thence in a counterclockwise direction along the meanderings of the Chatham-Bryan line and the southern and easterly boundary lines of Chatham County to its point of intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence westwardly along the centerline of Stephenson Avenue to the western line of White Bluff Road at the city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway I-16 at its intersection with Endley Street and
Page 2638
Seaboard Coastline Railroad; thence westwardly along the centerline of I-16 to the point of its intersection with the Savannah and Ogeechee Canal; thence southwestwardly along the meanderings of said canal to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Education districts. Education District Number 2 shall be composed of that territory contained within the following boundaries: Begin at the point of intersection of the northern projection of the centerline of West Board Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Board Street to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the centerline of Hartridge Street; thence eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Education District Number 3 shall be composed of that territory contained within the following boundaries: Begin at the point of intersection of the centerline of Victory Drive and the centerline of Waters Avenue and run westwardly along the centerline of Victory Drive to the centerline of Hopkins Street; thence southwardly along the centerline of Hopkins Street to the centerline of 52nd Street; thence eastwardly along the centerline of 52nd Street to the city limits line of the City of Savannah; thence counterclockwise southwestwardly, eastwardly, northwardly and again eastwardly along the city limits line of the City of Savannah to the western line of White Bluff Road;
Page 2639
thence northwardly along the western line of White Bluff Road to the centerline of Janet Drive; thence eastwardly along the centerlines of Janet Drive and its eastern projection and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivisions to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Education District Number 4 shall be composed of that territory contained within the following boundaries: Begin at the point of intersection of the centerline of Gwinnett Street and the centerline of Pennsylvania Avenue and run eastwardly along the centerline of Gwinnett Street to the city limits line of the City of Savannah as it existed on January 1, 1968; thence southwardly in a clockwise direction along the city limits to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the centerline of Skidaway Road; thence southwardly along the centerline of Skidaway Road to the centerline of DeRenne Avenue; thence westwardly along the centerline of DeRenne Avenue to the centerline of the Casey Canal; thence southwardly along the meanderings of the Casey Canal to the centerline of Bacon Park Drive; thence eastwardly along the centerline of Bacon Park Drive to the centerline of Lovett Drive; thence southwardly along the centerline of Lovett Drive and its southern projection to the centerline of Thomas Avenue; thence southwardly along the centerline of Thomas Avenue to the centerline of Intermediate Road; thence westwardly along the centerline of Intermediate Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence westwardly along the centerline of Stephenson Avenue to the centerline of White Bluff Road; thence northwardly along the centerline of White Bluff Road to the centerline of Janet Drive; thence eastwardly along the centerline of Janet Drive and its eastern extension and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland
Page 2640
and Kensington Park Subdivisions to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of 32nd Street; thence eastwardly along the centerline of 32nd Street to the centerline of Bee Road; thence northwardly along the centerline of Bee Road to the centerline of Duffy Street; thence eastwardly along the centerline of Duffy Street to the centerline of Skidaway Road; thence southeastwardly along the centerline of Skidaway Road to the centerline of Pennsylvania Avenue; thence northwardly along the centerline of Pennsylvania Avenue to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Education District Number 5 shall be composed of that territory contained within the following boundaries: Begin at the point of intersection of the centerline of Price Street and the centerline of Hartridge Street and run eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of the Bilbo Canal; thence northwardly along the meanderings of the Bilbo Canal to the centerline of President Street Extension; thence eastwardly along the centerline of President Street Extension to the centerline of Nevada Avenue; thence southwardly along the centerline of Nevada Avenue to the centerline of Liberty Street; thence eastwardly along the centerline of Liberty Street to the centerline of Jones Street; thence southwardly along the centerline of Jones Street to the centerline of Hayward Court; thence eastwardly along the centerline of Hayward Court and the eastern projection thereof to the city limits line of the City of Savannah; thence southwardly along the city limits line of the City of Savannah to the centerline of Gwinnett Street; thence westwardly along the centerline of Gwinnett Street to the centerline of Pennsylvania Avenue; thence southwardly along the centerline of Pennsylvania Avenue to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Duffy Street; thence westwardly along the centerline of Duffy Street to the centerline of Bee Road; thence southwardly along the centerline of Bee Road to the centerline
Page 2641
of 32nd Street; thence westwardly along the centerline of 32nd Street to the centerline of Waters Avenue; thence southwardly along the centerline of Waters Avenue to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the point of beginning; all referenecs herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Education District Number 6 shall be composed of that territory contained within the following boundaries: Begin at a point at the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence eastwardly along the meanderings of the Georgia-South Carolina line and the northern and eastern boundary lines of Chatham County to its point of intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Intermediate Road; thence eastwardly along the centerline of Intermediate Road to the centerline of Thomas Avenue; thence northwardly along the centerline
Page 2642
of Thomas Avenue to the southern projection of the centerline of Lovett Drive; thence northwardly along the southern projection of the centerline of Lovett Drive and the centerline of Lovett Drive to the centerline of Bacon Park Drive; thence westwardly along the centerline of Bacon Park Drive to the centerline of the Casey Canal; thence northwardly along the meanderings of the Casey Canal to the centerline of DeRenne Avenue; thence eastwardly along the centerline of DeRenne Avenue to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the city limits line of the City of Savannah; thence northwardly in a counterclockwise direction along the city limits line to the centerline of the eastern projection of Hayward Court; thence westwardly along the eastern projection of the centerline of Hayward Court and the centerline of Hayward Court to the centerline of Jones Street; thence northwardly along the centerline of Jones Street to the centerline of Liberty Street; thence westwardly along the centerline of Liberty Street to the centerline of Nevada Street; thence northwardly along the centerline of Nevada Street to the centerline of President Street Extension; thence westwardly along the centerline of President Street Extension to the centerline of Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Education District Number 7 shall be composed of that territory contained within the following boundaries: Begin at the intersection of the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing
Page 2643
Georgia from South Carolina; thence westwardly and northwardly along the meanderings of the Georgia-South Carolina line to its point of intersection with the line dividing Chatham County from Effingham County; thence southwardly along the Chatham-Effingham line to the point of intersection of the dividing lines of Chatham, Bryan and Effingham Counties; thence along the meanderings of the Chatham-Bryan line to its intersection with the Savannah and Ogeechee Canal; thence northeastwardly along the meanderings of said canal to the centerline of Interstate Highway I-16; thence eastwardly along the centerline of I-16 to the centerline of the Seaboard Coastline Railroad mainline; thence northwestwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the SO Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of McIntyre Street; thence northwardly along the centerline of McIntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah, thence along the city limits line of the City of Savannah in a northerly and clockwise direction across the Savannah River and on Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Education District Number 8 shall be composed of that territory contained within the following boundaries: Begin at the point of intersection of the northern projection of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Broad Street to the centerline of Victory Drive; thence westwardly along
Page 2644
the centerline of Victory Drive to the western city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway I-16 at its intersection with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline of I-16 to the centerline of the Seaboard Coastline Railroad mainline; thence northwestwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the SO Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of McIntyre Street; thence northwardly along the centerline of McIntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah; thence along the city limits line of the City of Savannah in a northerly and clockwise direction across the Savannah River and on Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. Section 2. Candidates offering for election to the board shall qualify by signifying the post for which they are offering and by presenting a petition signed by at least 350 qualified voters of the education district from which they are offering, and by paying a qualifying fee of $150.00 to the Ordinary of Chatham County. A candidate must have been a resident of the education district from which he offers as a candidate for at least one year prior to the date of election and must have attained the age of 25 years prior to the election date. To be elected as a member of the board, a candidate must receive a majority of the votes cast for the position for which he is running. In the event no person receives a majority of the votes cast for a post,
Page 2645
then it shall be the duty of the Ordinary of Chatham County to hold and conduct a runoff election between the two candidates receiving the highest number of votes for each such post; such runoff election to be held two weeks after the initial vote for such board members. The expense of the election shall be borne by Chatham County. Vacancies which occur on the board, other than by the regular expiration of a term of office, shall be filled by the remaining members of the board electing a successor from the district in which the vacant member resided to serve until the next general election, at which time there shall be elected by the electors of the respective education district a successor to serve out the unexpired term of office in which the vacancy shall occur; provided that if the vacancy occurs in a post for which the term of office would regularly expire within 60 days subsequent to the next general election which falls after the vacancy occurs, then the successor who has been named by the remaining members of the board to fill said vacancy shall serve out the remainder of the unexpired term of office in which the vacancy shall occur and until his successor shall be duly elected and qualified; and provided further that in the event a vacancy occurs after the qualifying date of the first general election held following the vacancy, the successor who has been named by the remaining members of the board shall hold office until his successor is regularly elected and qualified as hereinbefore set forth. In the event a person moves his residence from his district, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies. Elections, etc. Section 3. At the general election conducted in 1970, there shall be elected the first members of the board as provided for herein. Those members elected from Education Districts Number 2, 4 and 7 shall be elected to initial terms of Two (2) years each. Those members elected from Education Districts Number 1 and 3 shall be elected to initial terms of Four (4) years each. Those members elected to Education Districts Number 5, 6 and 8 shall be elected to initial terms of Six (6) years each. Thereafter all members of the board
Page 2646
shall be elected to terms of Six (6) years each. The terms of the present members of the Board of Public Education for the City of Savannah and County of Chatham shall be abolished on January 1, 1971, at which time the members of said board which are elected as provided herein shall take office. Terms, etc. Section 4. The members of the board shall receive twelve hundred ($1,200.00) dollars per annum, payable in equal monthly installments from county funds, as full compensation for their duties. The chairman of the board shall receive twenty-four hundred ($2,400.00) dollars per annum, payable in equal monthly installments from funds of Chatham County. No member of the board shall serve more than Two (2) consecutive Six-year terms of office in addition to his initial Two- to Four-year term. Compensation. Section 5. At the first meeting of the board conducted in January, 1971, and at the first meeting in January each year thereafter, the members of the board shall elect from among themselves a chairman who shall serve for one year. Any member of the board shall be eligible to succeed himself as chairman. Chairman. Section 6. An Act entitled An Act to amend the several Acts creating and relating to the Board of Public Education for the County of Chatham and City of Savannah; and for other purposes., approved August 2, 1923 (Ga. L. 1923, p. 232), and an Act entitled An Act to amend the several Acts creating and relating to the Board of Public Education for the City of Savannah and County of Chatham and to provide for the termination of the terms of office of all members of the Board of Public Education for the City of Savannah and County of Chatham; to provide for the selection of their successors and the filling of vacancies; and for other purposes., approved February 22, 1933 (Ga. L. 1933, p. 1067), as amended by an Act approved February 5, 1951 (Ga. L. 1951, p. 2207), and an Act approved March 10, 1965 (Ga. L. 1965, p. 2221), are hereby repealed in their entirety. Prior Act repealed. Section 7. It shall be the duty of the ordinary of Chatham County to issue the call for an election for the purpose
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of submitting this Act to the voters of Chatham County for approval or rejection. The ordinary shall set the date for such election to coincide with the General Election in 1968. 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 Chatham County. The ballot shall have written or printed thereon the words: For approval of the Act providing for election of the members of the Savannah-Chatham County Board of Public Education. Against approval of the Act providing for election of the members of the Savannah-Chatham County Board of Public Education. 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 Chatham 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 special elections. 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. State of Georgia, Chatham County. Personally appeared before me Sally D. Wimbish to me known, who being by me sworn, deposes and says: That she is the Legal Clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press;
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That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said publisher corporation; 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 advertisement and by the other officials and official bodies of and in said county for the publication of notices required by law; That she has reviewed the regular editions of the Savannah Evening Press published on Dec. 12, 1967, December 19, 1967 and December 26, 1967, and finds that the following advertisement, to-wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1965 session of the General Assembly of Georgia, a bill affecting the Board of Public Education of the City of Savannah and County of Chatham; and for other purposes. This 8 day of December, 1967. Joseph A. Battle Representative, 116th District George W. Whaley, Jr. Representative, 115th District appeared in each of said editions. /s/ Sally Wimbish (Deponent) Sworn to and subscribed before me this 26 day of December, 1967. /s/ Sophia Herrell Notary Public, Chatham County, Georgia. (Seal). Approved March 21, 1968.
Page 2649
PIERCE COUNTYSALARY OF CHAIRMAN OF COMMISSIONERS OF ROADS AND REVENUES. No. 853 (House Bill No. 1372). An Act to amend an Act creating a board of commissioners of roads and revenues of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1098), an Act approved February 28, 1961 (Ga. L. 1961, p. 2115), and an Act approved February 24, 1965 (Ga. L. 1965, p. 2068), so as to change the compensation of the chairman; 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 Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1098), an Act approved February 28, 1961 (Ga. L. 1961, p. 2115), and an Act approved February 24, 1965 (Ga. L. 1965, p. 2068), is hereby amended by striking from section 7 the following: six thousand dollars ($6,000.00), and substituting in lieu thereof the following: six thousand six hundred dollars ($6,600.00), so that when so amended section 7 shall read as follows: Section 7. The compensation of the chairman of said board shall be six thousand six hundred dollars ($6,600.00) per year payable monthly and he shall be allowed mileage at the rate of ten (10[UNK]) cents per mile for every mile traveled attending to official business, together with such other expenses as he may incur and deem necessary in the discharge of his duties as such chairman which are imposed upon him by law. Such mileage and expenses shall be paid upon presentation of an itemized statement thereof by said chairman and its approval in writing by the other members of the board. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor. Effective date.
Page 2650
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 regular 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the chairman of the board of commissioners of roads and revenues of Pierce County; and for other purposes. This 26 day of Dec., 1967. S. D. Nimmer Representative, 84th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. D. Nimmer who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of notice of intention to introduce local legislation was published in the Blackshear Times which is the official organ of Pierce County, on the following dates: December 28, 1967; January 4 and January 11, 1968. /s/ S. D. Nimmer Representative, 84th District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968.
Page 2651
CITY OF ELIZABETHCORPORATE LIMITS. No. 854 (House Bill No. 1406). An Act to amend an Act consolidating, revising and superseding the charter of the City of Elizabeth approved June 30, 1964, (Ga. L. 1964 Ex. Sess., p. 2179), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 2230), 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 consolidating, revising, and superseding the Charter of the City of Elizabeth approved June 30, 1964 (Ga. L. 1964 Ex. Sess., p. 2179), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 2230), is hereby amended by deleting from section 2, which sets forth the corporate limits of the City of Elizabeth, the following tract of land hereinafter described but the boundary and corporate limits of the said City of Elizabeth, except for the deletion of such tracts shall remain as set forth in section 2 of said Act; said deleted and excluded tract of land is more particularly set forth as follows: All that tract or parcel of land lying and being in land lots 1015, 1002, 1003, 1004, 942 and 941 of the 16th district, 2nd section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point located on the southwesterly right of way line of Old U. S. 41 Highway (Church Street), where said U. S. 41 Highway right of way line intersects the present city limit line of Elizabeth, Georgia, said beginning point being located in land lot 1002; thence running northeasterly along the present city limit line of Elizabeth, Georgia for a distance of 10 feet; thence running northwesterly along a line 10 feet easterly of and parallel to the westerly right of way line of the Old U. S. 41 Highway to a point located on the northeasterly right of way of the Western and Atlantic Railroad; thence in a southeasterly direction along the northeastern side of said Western and Atlantic Railroad right of way for a distance of 1,268 feet to an iron pin,
Page 2652
point and corner 7 feet east of a side tract coming off the main line of the Western and Atlantic Railroad; thence in a northwesterly direction parallel to and 7 feet east of the center line of the said side track for a distance of 223 feet to a point on the southerly side of Marble Mill Road; thence continuing in a northwesterly direction parallel to and 7 feet east of the center line of said side track across the said Marble Mill Road to an iron pin, point and corner on the northwesterly side of the said Marble Mill Road; thence north 18 degrees 23 minutes west parallel to and 7 feet east of the center line of said side track for a distance of 87.7 feet to an iron pin, point and corner; thence north 28 degrees 00 minutes west, parallel to and 7 feet east of the center line of said railroad side track for a distance of 85.5 feet to an iron pin, point and corner; thence north 34 degrees 20 minutes west parallel to and 7 feet east of the center line of the said railroad side track for a distance of 85.2 feet to an iron pin, point and corner; thence north 40 degrees 40 minutes east for a distance of 239 feet to an iron pin, point and corner; thence continuing north 41 degrees 10 minutes east for a distance of 173 feet to an iron pin, point and corner on the southerly side of the right of way of State Highway 3, being known as Old U. S. 41 Highway, which point is 30 feet south from the center line of said Old U. S. 41 Highway; thence running southeasterly along the westerly right of way line of Old U. S. 41 Highway to a point where said U. S. 41 Highway right of way line intersects the present city limit line of Elizabeth, Georgia, said point being the point of beginning. Deleted from corporate limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Elizabeth,
Page 2653
Georgia (Ga. L. 1835, p 337), as heretofore amended, and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Howard who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1968. /s/ Bob Howard 101st District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2654
EMPLOYEES OF SHERIFFS IN CERTAIN COUNTIES (135,000-140,000). No. 855 (House Bill No. 1408). An Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, approved March 28, 1961 (Ga. L. 1961, p. 2688), as amended by an Act approved April 12, 1963, (Ga. L. 1963, p. 3516), an Act approved March 7, 1966 (Ga. L. 1966, p. 3301), and an Act approved April 11, 1967 (Ga. L. 1967, p. 3032), so as to provide for one additional deputy sheriff investigator (driver), one additional deputy sheriff investigator (rider), three additional deputy sheriff drivers, five additional deputy sheriff riders, and two additional deputy sheriff record bureau dispatchers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing from the fee to the salary system certain county officers of certain counties in this State, approved March 28, 1961 (Ga. L. 1961, p. 2688), as amended by an Act approved April 12, 1963 (Ga. L. 1963, p. 3516), an Act approved March 7, 1966 (Ga. L. 1966, p. 3301), and an Act approved April 11, 1967 (Ga. L. 1967, p. 32), 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. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the sheriff's deputies and assistants in all such counties shall consist of the following: all of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the sheriff from time to time, at an amount not to exceed the following:
Page 2655
1 Chief Deputy Sheriff $722.20 per month 1 Jailer 518.50 per month 1 Ass't. Jailer 469.15 per month 1 Chief Criminal Investigator 529.00 per month 2 Captains (1 Safety and 1 Road) 529.00 per month 1 Lt. Deputy Sheriff Mechanic 508.00 per month 1 Asst. Mechanic 415.00 per month 7 Deputy Sheriff Investigators (Driver) 520.60 per month 7 Deputy Sheriff Investigators (Rider) 508.00 per month 1 I.D. and Fingerprint Investigator 520.60 per month 1 Chief Civil and Travel Deputy 520.60 per month 1 Chief Deputy Sheriff (Driver) 520.60 per month 1 Chief Deputy Sheriff (Rider) 508.00 per month 3 Deputy Sheriffs Lts. 508.00 per month 1 Lt. Rec. Bureau 508.00 per month 1 Deputy Sheriff Bookkeeper 434.50 per month 1 Deputy Sheriff Secretary 434.50 per month 1 Deputy Sheriff Clerk Typist 376.75 per month 2 Deputy Sheriff Clerk Typists 319.00 per month 2 Deputy Sheriff Matrons 310.50 per month 1 Deputy Sheriff Matron 300.10 per month 20 Deputy Sheriff Drivers 476.50 per month 1 Deputy Sheriff Driver 466.00 per month 19 Deputy Sheriff Riders 466.00 per month 4 Deputy Sheriff Riders 455.50 per month 6 Deputy Sheriff Record Bur. Dispatcher 413.50 per month 3 Deputy Sheriff Record Bur. Dispatcher 403.00 per month 4 Deputy Sheriff Jailers 413.50 per month 4 Deputy Sheriff Jailers 403.00 per month
Page 2656
The salary of the above employees shall be increased annually by 3% of $4,200.00 for the first five years of service and 2% of $4,200.00 for the next five years of service and 1% of $4,200.00 annually thereafter for all years of service in excess of ten. No credit for prior service shall be granted. No credit for service shall be granted for any time during which a person was not actually employed by the sheriff's department and received compensation therefor in one of the positions for which such increases are authorized herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968. STATE COURT OF HOUSTON COUNTYJURISDICTION, SOLICITOR'S DUTIES. No. 856 (House Bill No. 1418). An Act to amend an Act creating the City Court of Warner Robins, approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3203), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2564), so as to provide that the State Court of Houston County shall have jurisdiction of special statutory remedies; to provide that the solicitor of said court shall represent the State in all criminal prosecutions in said court and all appeals therefrom; 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 Warner Robins, approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3203), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2564), is hereby amended by adding to the end of section 2 the following:
Page 2657
The State Court of Houston County shall have jurisdiction of special statutory remedies such as, but not limited to: mortgage foreclosures, garnishments and attachments., so that when so amended section 2 shall read as follows: Jurisdiction. Section 2. The State Court of Houston County shall have jurisdiction within the limits of Houston County concurrent with the Superior Court of said county to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto under the common law or by statute and over which jurisdiction is not vested by the Constitution and laws of the State of Georgia exclusively in any other court, without regard to the amount in controversy. Said city court shall have criminal jurisdiction in the county of Houston over all misdemeanor cases, but shall not have any jurisdiction over felony cases. The accused in criminal proceedings in said court shall not have the right to indictment by the grand jury of Houston County. The State Court of Houston County shall have jurisdiction of special statutory remedies such as, but not limited to: mortgage foreclosures, garnishments and attachments. Section 2. Said Act is further amended by adding to the end of section 8 the following: The solicitor is to represent the State in all criminal procedures in the State Court of Houston County, and all appeals therefrom., Solicitor's duties. so that when so amended section 8 shall read as follows: Section 8. There shall be a solicitor of said city court who shall be elected by the voters of Houston County as hereinafter provided. (Provided, however, the first solicitor shall be appointed by the Governor within thirty (30) days after the effective date of this Act, and he shall serve for a term ending December 31, 1966.) At the general election in 1966, a successor to the first solicitor shall be elected, and he shall take office January 1, 1967 for a term of four (4) years, and until his successor is elected and qualified. Future successors shall be elected at the general election each
Page 2658
four (4) years, and shall likewise serve a term of four (4) years, and until their successors are elected and qualified. The solicitor of the city court shall be commissioned by the Governor and before entering the duties of his office, shall take the same oath which solicitors general of superior courts must take. The solicitor is to represent the State in all criminal procedures in the State Court of Houston County, and all appeals therefrom. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act creating the City Court of Warner Robins, approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended by an Act approved March 4, 1966, (Ga. L. 1966, p. 3203), and an Act approved April 4, 1967 (Ga. L., p. 2564), so as to provide that the State Court of Houston County shall have jurisdiction of special statutory remedies; to provide that the solicitor of said court shall represent the State in all criminal prosecutions in said court and all appeals therefrom; to repeal conflicting laws; and for other purposes. This 22nd day of Jan., 1968. D. C. Peterson, Representative, 59th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David C. Peterson who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of notice of intention to introduce local legislation was published
Page 2659
in the Houston Home Journal which is the official organ of Houston County, on the following dates: January 18, 25, February 1, 1968. /s/ David C. Peterson Representative, 59th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. COMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES IN CERTAIN COUNTIES (2,750-3,250). No. 857 (House Bill No. 1428). An Act to fix the compensation of the commissioner of roads and revenues of all counties of this State having a population of not less than 2,750 nor more than 3,250 according to the latest United States Decennial Census or any future such census; to provide for expense allowances; to provide an effective date; to repeal conflicting laws; and for other purposes. Whereas, the grand juries in all counties in this State having a population of not less than 2,750 nor more than 3,250 according to the latest United States Decennial Census have recommended that the compensation of the commissioner of roads and revenues be changed. Be it enacted by the General Assembly of Georgia: Section 1. All counties of this State having a population of not less than 2,750 nor more than 3,250 according to the
Page 2660
latest United States Decennial Census or any future such census, the commissioner of roads and revenues shall be compensated in the amount of four thousand eight hundred ($4,800.00) dollars per annum to be paid in equal monthly installments from the funds of such counties. In addition to the compensation provided above, such commissioner shall receive from the funds of such county a sixty ($60.00) dollars per month expense allowance and up to forty ($40.00) dollars per month for actual expenses incurred while on county business outside of such county. Section 2. This Act shall become effective beginning with the next term of office of the commissioner of roads and revenues of such county. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968. CITY OF WEST POINTAUTHORITY TO CLOSE AND SELL DESCRIBED STREET. No. 858 (House Bill No. 1434). An Act to amend an Act creating a new charter for the City of West Point, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, so as to authorize the sale of certain property; to repeal conflicting laws; and for other purposes. Whereas, the City of West Point, Georgia has heretofore acquired title to a parcel of land which is now being used as a public street, and said street serves only one property owner, and is a dead end street; and Whereas, the city does now desire to close said street and to convey title thereto to the property owner who owns the industrial property on both sides of said street, so as to provide for further industrial development within the City of West Point, Georgia.
Page 2661
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of West Point, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, is hereby amended by adding at the end thereof the following: The mayor and aldermen of the City of West Point are hereby authorized and empowered to grant, bargain, sell and convey, upon such terms and for such sums as may be agreed upon to Peabody Manufacturing Company, a Georgia corporation the following described property: A parcel of land described as follows: To find the point of beginning, begin at an iron pin located at the intersection of the south side of Holly Street and the west side of Agate Street; run thence south 0425' east along the west side of Agate Street (said line also being the land lot line dividing land lots 284 and 276, 5th land district, Troup County, Georgia) for a distance of 634.5 feet to an iron pin located on the southwesterly margin of a 30 foot access road; run thence south 66 51' west 52 feet to an iron pin; run thence south 0425' east for 217.3 feet to an iron pin for a point of beginning: From this point of beginning, run thence south 6158' west for 600 feet to an iron pin for a corner; run thence north 6152' west for 253.2 feet to an iron pin for a corner; run thence north 3030' east for 30 feet to a point for a corner; run thence south 6152' east for 234.6 feet to an iron pin for a corner; run thence north 6158' east for 600 feet to an iron pin for a corner; run thence south 0425' east for 30 feet to the original beginning point. The above described parcel is located in land lot 284, 5th land district, Troup County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1968 session of the General Assembly of Georgia,
Page 2662
a bill to amend the charter of the City of West Point, Georgia, so as to authorize the governing body to dispose of certain real property which is not being used for public road purposes, to repeal conflicting laws, and for other purposes. This 11th day of January, 1968. /s/ J. Crawford Ware Representative, Troup County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 19, 26, and February 2, 1968. /s/ Crawford Ware Representative, 42nd District Sworn to and subscribed before me, this 13th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968.
Page 2663
MACON COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 859 (House Bill No. 1435). An Act to consolidate the offices of tax receiver and tax collector of Macon County into the office of the tax commissioner of Macon 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. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Macon County are hereby consolidated and combined into the one office of the tax commissioner of Macon 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 Macon County in 1968. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1972, 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 Macon County, and their terms of office
Page 2664
shall continue through December 31, 1968. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provision of law for filling vacancies in the office of tax collector. Election, term, etc. Section 3. The tax commissioner shall receive for his services as such an annual salary of seven thousand ($7,000.00) dollars payable in equal monthly installments from the funds of Macon 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 Macon 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, however specifically excluding only 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. Fees. Section 5. The tax commissioner is authorized to appoint a deputy tax commissioner to assist him in the performance of his duties. Such deputy shall be compensated in an amount of forty five hundred ($4500.00) dollars, per annum, payable in equal monthly installments from the funds of Macon County. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as provided herein, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the county from county funds. There shall be allowed, in addition to the foregoing sums, an amount not to exceed three thousand ($3,000.00) dollars
Page 2665
per annum payable to the tax commissioner for additional clerical assistance in his office, if same is needed and employed. This sum shall also be paid out of the county treasury. Deputy, etc. Section 6. All taxes due and payable Macon 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. It shall be the duty of the ordinary of Macon County to issue the call for an election for the purpose of submitting this Act to the voters of Macon County for approval or rejection. The ordinary shall set the date of such election for the 1st day of May, 1968. 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 Macon County. The ballot shall have written or printed thereon the words: For approval of the Act providing for the consolidation of the offices of Tax Receiver and Tax Collector of Macon County into the office of the Tax Commissioner of Macon County. Against approval of the Act providing for the consolidation of the offices of Tax Receiver and Tax Collector of Macon County into the office of the Tax Commissioner of Macon County. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by Macon County. It shall be the duty of the ordinary to hold and conduct such election. The ordinary shall hold such election under the same laws and rules and regulations as govern
Page 2666
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 the further duty of the ordinary 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, Macon County. Notice is hereby given of an intention to apply at the current session of the General Assembly of Georgia, at the request of the board of commissioners of Macon County for the passage of a local bill providing for the abolishment of the office of tax collector and tax receiver and creating in lieu thereof an office of tax commissioner as an elected public official and a deputy tax commissioner to be appointed by the tax commissioner. Said Act shall also include provisions for a referendum to be submitted to the people of Macon County for their approval or disapproval of said Act, and for other purposes. This 8th day of January, 1968. /s/ Carl P. Savage, Sr. Representative, Macon County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authorilty, duly authorized to administer oaths, Carl P. Savage, Sr. who, on oath, deposes and says that he is Representative from the 58th District, 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 Macon County, on the following dates: January 25, February 1, 8, 1968. /s/ Carl P. Savage, Sr. Representative, 58th District
Page 2667
Sworn to and subscribed before me, this 27th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 21, 1968. PEACH COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 860 (House Bill No. 1441). An Act to place the tax commissioner of Peach 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: Section 1. After the effective date of this Act, the tax commissioner of Peach County shall be compensated by an annual salary, to be fixed as provided for hereinafter, in lieu of the fee system of compensation. 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 are 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.
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Section 2. The annual salary of the tax commissioner shall be fixed by the governing authority of Peach 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 $9,500.00, plus five percent thereof for each four-year period of service served in office by said officer after the effective date of this Act, not to exceed twenty percent of the base salary provided for herein. For the purposes of receiving longevity pay, as provided by this section, said officer may receive credit for one four-year period of service rendered in such office prior to January 1, 1969. 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, but within thirty days after the approval of this Act for the initial budget, recommend to the governing authority of Peach 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, 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 4. In the event the governing authority of Peach County shall refuse or fail to approve the budget, or in case of a disagreement arising between said officer 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 Peach County, the solicitor general, senator, representatives, and the
Page 2669
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. Disagreements, etc. Section 5. All fees, fines, forfeitures, costs, commissions, emoluments and perquisites of whatever nature provided by law for services rendered by the tax commissioner 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 Peach 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 Peach County and all such records shall be open to the inspection of the public, the governing authority of Peach 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 the 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 due. Section 7. The provisions of this Act shall become effective January 1, 1969, except for the provisions of Section 3, relating to the initial budget, which shall become effective upon the approval of this Act. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act incorporating the offices of tax
Page 2670
receiver and tax collector of Peach County into the office of tax commissioner, approved February 15, 1952 (Ga. L. 1952, p. 2078), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to change the provisions relating to the compensation of clerical assistants for the tax commissioner; to provide the procedures connected therewith; to provide an effective date; and for other purposes. This 4th day of January, 1968. Daniel K. Grahl, Member of Georgia House of Represenatives District No. 52 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 52nd District, 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 Peach County, on the following dates: January 11, 18, 25 and February 1, 1968. /s/ Daniel K. Grahl Representative, 52nd District Sworn to and subscribed before me, this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2671
PEACH COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 861 (House Bill No. 1442). An Act to place the clerk of the superior court of Peach 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 Peach County shall be compensated by an annual salary; to be fixed as provided for hereinafter, in lieu of the fee system of compensation. 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 perquisites are 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 Peach 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 $9,500, plus 5% thereof for each four year period of service served in office by said officer after the effective date of this Act, not to exceed 20% of the base salary provided for herein. For the purposes of receiving longevity pay, as provided by this Section,
Page 2672
said officer may receive credit for one four year period of service rendered in such office prior to January 1, 1969. Salary. 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, but within thirty days after the approval of this Act for the initial budget, recommend to the governing authority of Peach 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, etc. Section 4. In the event the governing authority of Peach County shall refuse or fail to approve the budget, or in case of a disagreement arising between said officer and the governing authority over the salaries, the clerk shall be authorized to appeal to an arbitration committee composed of the judges of the superior court of Peach 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. Disagreements, etc. Section 5. All fees, fines, forfeitures, costs, commissions, emoluments, and perquisites of whatever nature provided by law 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 Peach County, all such funds as shall have been collected by him for the county during the immediately preceding calendar month.
Page 2673
The clerk shall keep such books and records as shall be prescribed by the governing authority of Peach County and all such records shall be open to the inspection of the public, the governing authority of Peach 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 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. Fees due. Section 7. The provisions of this Act shall become effective January 1, 1969, except for the provisions of section 3, relating to the initial budget, which shall become effective upon the approval of this Act. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, a bill to place the clerk of the superior court of Peach County upon an annual salary in lieu of the fee system of compensation; to provide the procedures connected therewith; to provide an effective date; and for other purposes. This 4th day of January, 1968. Daniel K. Grahl, Member of Georgia House of Representatives District No. 52 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl
Page 2674
who, on oath, deposes and says that he is Representative from the 52nd District, 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 Peach County, on the following dates: January 11, 18, 25 and February 1, 1968. /s/ Daniel K. Grahl Representative, 52nd District Sworn to and subscribed before me, this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TIFT COUNTYBUILDING PERMITS. No. 862 (House Bill No. 1449). An Act to provide for the issuance of building permits prior to the construction of any improvements to real property in Tift County, Georgia having a value when completed in excess of $500.00; to provide for penalties for non-compliance with said requirements; to provide for the method of application and issuance of such building permits; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any and all persons constructing, building, erecting or assembling any structure, building or other improvements or addition to improvements permanently affixed or attached to any real property within the County of Tift shall be and is hereby required to obtain a building
Page 2675
permit issued by the commissioners of roads and revenues of said county or their designated agent prior to the beginning of such construction, erection or building. Permits. Section 2. Any such improvement, building or structure herein referred to having a value of $500.00 or less when completed shall be exempt from the provisions of this act. Exemptions. Section 3. The application for such building permit shall show plainly and distinctly the location of the improvements to be constructed, the approximate cost of such improvements, the value thereof when completed, type of material of which the same is to be constructed and the legal owner of the real property upon which said improvements are to be constructed. Applications. Section 4. The commissioners of roads and revenues of said county shall by resolution appoint such person or persons as they may choose to administer the provisions of this act and specifically to accept applications for building permits and to issue such permits as is herein provided for, and which person shall serve for such periods of time as set forth in such resolution. Such commissioners shall further provide for the method of accounting of such person and make other rules and regulations necessary for the enforcement of this act. Administrator. Section 5. Such person issuing such building permits on behalf of said county shall collect from the applicant for such permit a fee of $2.50 or any such lesser fee as may be determined and established by resolution of the commissioners of roads and revenues of Tift County, Georgia and which sums shall be paid into the treasury of such County, provided that in the event such permit is not applied for prior to the beginning of such improvement such fee shall be $15.00 or such lesser amount as may be established by the commissioners of roads and revenues of Tift County. Fees. Section 6. Whenever used herein the term person shall mean and include all persons, both natural and artificial, and specifically include but not limited to all corporation, partnerships, unincorporated associations, and each
Page 2676
and every other person who shall directly or indirectly erect and construct such improvements; however, nothing herein contained shall require the issuance of more than one building permit for each of such improvements. Person defined, etc. Section 7. In the event such construction is being performed by any contractor or person having general supervisions of such construction other than the owner of such real property, then it shall be the responsibility of such contractor to obtain any permits required under this Act and such contractor or person having charge or supervision of such construction shall be liable for any and all penalties for non-compliance with the provisions of this Act, together with the owner or owners of the real property upon which such improvement is located. Contractors. Section 8. Any person failing to comply with the provisions of this Act and who shall construct, erect, install or cause to be constructed, erected or installed any permanent improvement upon any real property in Tift County, Georgia and having a value in excess of $500.00 without first having obtained a building permit after having received ten days' notice in writing from such permit issuing agent that such permit is necessary, shall be guilty of a misdemeanor. Crimes. Section 9. If any provisions of this Act or the application of such provisions to any circumstances or to any portion of Tift County, Georgia is held invalid for any reason whatsoever, the remainder of this Act and the application of the provision to other circumstances or areas shall not be affected thereby. Severability. Section 10. The provisions of this Act shall become effective upon its passage by the General Assembly of Georgia and approval by the Governor. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the January, 1968 Session of the General Assembly of Georgia, an Act providing for the issuance of building permits
Page 2677
prior to the construction of any improvements to real property in Tift County, Georgia having a value when completed in excess of $500.00; providing for the method of application and issuance of such building permits; providing that a violation of the provisions of such act shall be a misdemeanor; and for other purposes. By authorization of the board of commissioners of roads and revenues of Tift County, Georgia, this 8th day of January 1968. Marvin Dunn, Chairman Board of Commissioners of Roads and Revenues of Tift County, Georgia Georgia, Tift County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry W. Bostick, 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 11, 18 25, 1968. /s/ Henry W. Bostick, Representative, Tift County Sworn to and subscribed before me, this 13th day of February, 1968. /s/ R. L. Bowen Notary Public, Georgia State at Large. My Commission expires 1969. (Seal). Approved March 21, 1968.
Page 2678
PAULDING COUNTY WATER AUTHORITYSEWERAGE SYSTEM AND FIRE DISTRICTS. No. 863 (House Bill No. 1473). An Act to amend an Act creating the Paulding County Water Authority, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3478), so as to grant the Authority power to create and maintain a county-wide sewerage system; to grant the Authority power to create fire districts and promulgate reasonable rules and regulations pertaining thereto; to provide for a board of fire commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Paulding County Water Authority, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3478), is hereby amended by adding to section 3 (b) the following: The word `project' shall also include the construction of a county-wide sewerage system and the creation of fire districts., Project defined. so that when so amended section 3(b) shall read as follows: (b) The word `project' shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of Paulding County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. The word `project' shall also include the construction of a county-wide sewerage system and the creation of fire districts.
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Section 2. Said Act is further amended by adding to section 4 a new subsection to be designated as subsection (k), to read as follows: (k) To create and maintain a county-wide sewerage system, and to create fire districts. The Authority is hereby empowered to promulgate reasonable rules and regulations for the creation, maintenance and operation of fire districts in Paulding County. Sewerage system and fire districts. In the event the Authority elects to create fire districts, the affairs of each fire district shall be administered by a board of fire commissioners for each such district which shall be composed of seven members. The members of the board of fire commissioners may either be elected by the qualified voters residing within the fire districts or appointed by the Authority from persons residing within each respective fire district. The Authority shall determine whether the respective boards shall be elected or appointed. Appointive or elective terms shall be for a period of two (2) years. Members of the board may succeed themselves. The members shall receive no compensation for their services, and shall supervise the personnel under their jurisdiction and shall have general supervision over the equipment maintained by such district. Each board of fire commissioners shall prepare and submit to the Authority an annual budget to cover the operations of each respective fire district for the ensuing fiscal year. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Intention to introduce local legislation pertaining to Paulding County Water Authority. Homer Leggett, Representative, District 21. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mr. Leggett who,
Page 2680
on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of notice of intention to introduce local legislation was published in The Dallas New Era which is the official organ of Paulding County, on the following dates: January 4, 11 and 18, 1968. /s/ Homer Leggett Representative, 21st District Sworn to and subscribed before me, this 15th day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968. CITY OF MOUNT VERNONCORPORATE LIMITS. No. 864 (House Bill No. 1494). An Act to amend an Act creating a new charter for the City of Mount Vernon in the County of Montgomery, approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended, particularly by an Act approved February 27, 1956 (Ga. L. 1956, p. 2687), so as to change the corporate limits of the City of Mount Vernon; 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 Mount Vernon in the County of Montgomery, approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended, particularly by an Act approved February 27, 1956 (Ga. L. 1956, p. 2687), is hereby amended by adding between sections 2 and 3 a new section to be known as section 2A to read as follows:
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Section 2A. In addition to that territory presently embraced within the corporate limits of the City of Mount Vernon, the west line of the corporate limits of said city is hereby extended one-half mile west from where it was located on the day prior to the time this Act becomes effective. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that I will introduce at the next session of the General Assembly of Georgia a bill to amend the charter of the city of Mount Vernon to extend the city limits of the city in a western direction and for other purposes. This 6th day of January, 1967. Joe C. Underwood Representative, 61st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe C. Underwood who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Montgomery Monitor which is the official organ of Montgomery County, on the following dates: January 12, 19, 26, 1968. /s/ Joe C. Underwood Representative, 61st District Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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CITY OF DONALSONVILLESALARIES OF MAYOR AND ALDERMEN. No. 865 (House Bill No. 1495). An Act to amend an Act creating a new charter for the City of Donalsonville, approved August 20, 1906 (Ga. L. 1906, p. 682), as amended, particularly by an Act approved August 19, 1922 (Ga. L. 1922, p. 784), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2315), so as to change the compensation of the mayor and aldermen of said city; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Donalsonville, approved August 20, 1906 (Ga. L. 1906, p. 682), as amended, particularly by an Act approved August 19, 1922 (Ga. L. 1922, p. 784), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2315), is hereby amended by striking from section 27 the words five hundred dollars and the words one hundred twenty dollars and by inserting in lieu thereof the words twelve hundred dollars and the words nine hundred dollars, respectively, so that when so amended section 27 shall read as follows: Section 27. Be it further enacted by the authority aforesaid, that the compensation or salaries of mayor and councilmen and all other officers, servants and employees of the town, shall be such sum as the town council may fix; provided, however, that the mayor's salary shall not exceed twelve hundred dollars a year, and that of the aldermen shall not exceed the sum of nine hundred dollars each year, but the mayor and aldermen, and such other officers as they may designate, may in addition thereto be relieved of street-tax and street duty. Section 2. This Act shall become effective January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Georgia, Seminole County. Notice is hereby given that at the specific request of the mayor and council of Donalsonville, Georgia, there will be introduced at the 1968 Session of the General Assembly of Georgia a bill to amend the charter of the City of Donalsonville so as to change the amount of compensation that the mayor and aldermen may receive, and for other purposes. This 8th day of January, 1968. Julian Webb Senator, 11th District Donald R. Kirksey Representative, District 87 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald R. Kirksey who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of notice of intention to introduce local legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: January 18, January 25, and February 1, 1968. /s/ Donald Kirksey Representative, 87th District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Edna B. Boone Notary Public, Georgia State at Large. My Commission Expires January 11, 1972. (Seal). Approved March 21, 1968.
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RICHMOND COUNTYELECTIONS OF MEMBERS OF COUNTY BOARD OF EDUCATION. No. 866 (House Bill No. 776). An Act to amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 23, 1937 (Ga. L. 1937, p. 1408), an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved March 4, 1955 (Ga. L. 1955, p. 2644), an Act approved March 17, 1960 (Ga. L. 1960, p. 3132), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2103), so as to fix the date of the election for members of the county board of education of Richmond County hereafter elected on the first Tuesday after the first Monday in November in all future elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 23, 1937 (Ga. L. 1937, p. 1408), an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved March 4, 1955 (Ga. L. 1955, p. 2644), an Act approved March 17, 1960 (Ga. L. 1960, p. 3132), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2103), is hereby amended by adding at the end of the new section 1, provided for in section B of the 1949 amendatory Act a new subsection to be designated as section 1.1 to read as follows: Section 1.1. After the approval of this Act by the Governor or its otherwise becoming law, the election for the members of the county board of education of Richmond County shall be held on the first Tuesday after the first Monday in November in all future elections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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State of Georgia Richmond County. Personally appeared, W. S. Morris III, 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 Legal Notice duty appeared in said newspaper on the following dates to wit: February 4-11-18, 1967. /s/ W. S. Morris III President and Publisher Legal Notice. Notice is hereby given that the County Board of Education of Richmond County Georgia will apply to the 1967 Session of the General Assembly of Georgia to amend the Act creating the board of education of Richmond County, so as to fix the date of election for members of the board of education hereafter to coincide with the general election, which is held the first Tuesday after the first Monday in November of each year. Franklin H. Pierce Attorney for the County Board of Education of Richmond County, Georgia Sworn to and subscribed before me, this 27th day of February 1968. /s/ Katie Broadwater Notary Public Richmond County, Ga. (Seal). Approved March 21, 1968.
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GORDON COUNTYCLERK OF SUPERIOR COURT AND ORDINARY PLACED ON SALARY BASIS. No. 867 (House Bill No. 922). An Act to abolish the present mode of compensating the clerk of the superior court and the ordinary of Gordon County, known as the fee system; to provide in lieu thereof annual salaries for such officers; to provide that all fees, costs of 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 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 and the ordinary of Gordon County, known as the fee system, is hereby abolished and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Salary basis. Section 2. The clerk of the superior court shall receive an annual salary of $8,400.00, payable in equal monthly installments from the funds of Gordon County. Clerk of superior court. Section 3. The ordinary shall receive an annual salary of $7,200.00, payable in equal monthly installments from the funds of Gordon County. Ordinary. Section 4. 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
Page 2687
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 5. Each officer is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Suhc 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 the sum of $400.00 per month for each respective office. In the event an emergency should arise in either office, each respective office shall be authorized to employ such additional personnel and to fix their compensation as the governing authority of Gordon County shall approved. Deputies, etc. Section 6. 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 in their respective offices, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Same. Section 7. 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 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 Gordon County. Office expenses, etc.
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Section 8. 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 9. The provisions of this Act shall become effective on January 1, 1969. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the ordinary of Gordon County; to provide the procedure connected therewith; and for other purposes. This 15th day of December, 1967. Tom L. Shanahan Representative, 8th District Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the clerk of the superior court of Gordon County, Georgia; to provide the procedure connected therewith; and for other purposes. This 15th day of December, 1967. Tom L. Shanahan Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan
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who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of notice of intention to introduce local legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following dates: December 20, 27, 1967 and January 3, 1968. /s/ Tom L. Shanahan Representative, 8th District Sworn to and subscribed before me this 10th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. TROUP COUNTYSALARIES OF NAMED OFFICERS. No. 868 (House Bill No. 924). An Act to amend an Act entitled An Act to repeal an Act relative to the salaries of officials in certain counties approved February 2, 1955 (Ga. L. 1955, Vol. 2, p. 2006) to enact provisions to provide for the compensation of the sheriff, the clerk of superior court, the ordinary and the tax commissioner of Troup County; to provide for deputies and assistants to such officers and their method of compensation; to provide for the disposition of fees, commissions, percentages and costs; to provide for a stipulated amount of compensation; to provide for payment of the same; to provide an effective date to repeal conflicting laws; and for other purposes., approved February 13, 1962 (Ga. L. 1962, p. 2093), so as to change the compensation of the sheriff, clerk of the superior court, tax commissioner and ordinary of Troup County;
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to repeal a specific Act; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to repeal an Act relative to the salaries of officials in certain counties approved February 2, 1955 (Ga. L. 1955, Vol. 2, p. 2006) to enact provisions to provide for the compensation of the sheriff, the clerk of superior court, the ordinary and the tax commissioner of Troup County; to provide for deputies and assistants to such officers and their method of compensation; to provide for the disposition of fees, commissions, percentages and costs; to provide for a stipulated amount of compensation; to provide for payment of the same; to provide an effective date; to repeal conflicting laws; and for other purposes., approved February 13, 1962 (Ga. L. 1962, p. 2093), is hereby amended by striking from section 3 the words and symbols ten thousand ($10,000) and inserting in lieu thereof the words and symbols twelve thousand ($12,000), so that when so amended Section 3 shall read as follows: Section 3. The sheriff of Troup County shall be compensated in the amount of twelve thousand ($12,000) dollars per annum, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. Sheriff. Section 2. Said Act is further amended by striking from section 4 the words and symbols nine thousand five hundred ($9,500.00) and inserting in lieu thereof the words and symbols twelve thousand ($12,000.00, so that when so amended section 4 shall read as follows: Section 4. The clerk of the superior court of Troup County shall be compensated in the amount of twelve thousand ($12,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Troup County. This compensation shall be all-inclusive and the clerk shall
Page 2691
receive no other compensation for any service as clerk or ex officio clerk of any other court or in any other capacity. Clerk of superior court. Section 3. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The tax commissioner of Troup County shall be compensated in the amount of ten thousand ($10,000.00) dollars per annum to be paid in equal monthly installments from the funds of Troup County, and beginning on January 1, 1969, the compensation of said tax commissioner shall be increased to twelve thousand ($12,000.00) dollars per annum to be paid in equal monthly installments from the funds of Troup County. Said compensation shall be in full payment for all services for receiving and collecting taxes due the State, county or any other subdivision and for discharging any and all duties imposed by law, and the said tax commissioner shall receive no other remuneration from fees or from any other source. Tax Commissioner. Section 4. Said Act is further amended by striking from section 6 the words and symbols eight thousand five hundred ($8,500.00) and inserting in lieu thereof the words and symbols ten thousand ($10.000.00), so that when so amended section 6 shall read as follows: Section 6. The ordinary of Troup County shall be compensated in the amount of ten thousand ($10,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be in full payment and shall cover all services of such official and said official shall receive no other fees or remuneration for his services. Ordinary. Section 5. An Act entitled An Act to amend an Act which repealed an Act relative to the salaries of officials in certain counties and which provided for the compensation of the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Troup County, approved February 2, 1955 (Ga. L. 1955, p. 2006), so as to change the compensation of the clerk of the superior court, the sheriff,
Page 2692
the ordinary and the tax commissioner of Troup County; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 31, 1967 (Ga. L. 1967, p. 2352), is hereby repealed in its entirety. 1967 Act repealed. Section 6. Sections 1, 2 and 4 of this Act shall become effective on January 1, 1969. Sections 3 and 5 of this Act shall become effective upon the approval of this Act by the Governor or its otherwise becoming law. Effective date. Georgia, Troup County. Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the business manager of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to make a technical clarification and correction in the Acts relating to certain county officials of Troup County; and for other purposes. This 15th day of December, 1967. J. Crawford Ware Representative, 42nd District Edwin G. Mullinax Representative, 42nd District has been published in said LaGrange Daily News, to-wit: Dec. 15, 1967, Dec. 22, 1967 and Dec. 29, 1967, being three
Page 2693
publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Business Manager Sworn and subscribed before me, this 29th day of Dec. 1967. /s/ Sue K. Whatley Notary Public, Troup County. My commission expires March 6, 1968. (Seal). Approved March 21, 1968. CITY OF THOMASTONAD VALOREM TAXATION. No. 869 (House Bill No. 1004). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, pp. 1070 et seq.), as amended, so as to provide that the mayor and council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper, and for education and schools a tax not to exceed two percent, and such additional tax as the mayor and council shall deem necessary and proper for the paving and macadamizing of streets and for the payment of the principal and interest of the public debt of said city; to provide when and under what circumstances this Act shall go into effect; to provide what laws shall control the assessment and return of property for taxation by said city; to provide what laws shall govern the collection of such taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by virtue of the authority thereof as follows:
Page 2694
Section 1. This Act is enacted pursuant to the terms and provisions of a certain amendment to the Constitution of Georgia, as amended, proposed by the General Assembly of Georgia of 1968, and submitted as is provided in Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, for vote thereon at the general election of 1968, which amendment gives to the General Assembly the power and authority, among other things, to consolidate the Boards of Tax Assessors of the County of Upson and the City of Thomaston, and to require that the taxes due thereon to both said city and county be paid to the Tax Commissioner of Upson County, Georgia, and this Act shall become effective only if said amendment to the Constitution shall be ratified and adopted at said general election of 1968 as provided by law, and if said amendment is so ratified and adopted, this Act shall become effective January 1, 1969. Authority, effective date. Section 2. That the Act of the General Assembly of Georgia, approved March 15, 1933 (Ga. L. 1933, pp. 1070 et seq.), entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc., as amended, be and the same is hereby amended by striking therefrom in its entirety all of section 27 of said Act, as amended, and substituting in lieu thereof a new section 27 of said Act, as amended, to 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 levy 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 the corporate limits of said city, which are subject to taxation by the laws of this State; for the ordinary current expenses of said city such tax as the mayor and city council of said city shall deem necessary and proper upon the value of said property; for expenditures for education and schools an additional tax not to exceed two percent upon the value
Page 2695
of said property; and for the paving 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 taxes. 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 28 of said Act, as amended, and substituting in lieu thereof a new section 28 of said Act, as amended, to read as follows: Section 28. The owners of all of said property taxable by said city shall be required to make a return thereof as is provided in the general enabling act or acts enacted by the General Assembly of Georgia pursuant to that certain amendment to the Constitution of Georgia described in section 1 of this Act. Tax returns. Section 4. That the Act of the General Assembly of Georgia approved March 15, 1933, (Ga. L. 1933, pp. 1070 et seq.), entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc., as amended, be and the same is hereby amended by striking therefrom in its entirety all of section 28-a of said Act, as amended. Repealed. Section 5. That the Act of the General Assembly of Georgia approved March 15, 1933, (Ga. L. 1933, pp. 1070 et seq.), entitled An Act to amend, consolidate, and supersede 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
Page 2696
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 29 of said Act, as amended, and substituting in lieu thereof a new section 29 of said Act, as amended, to read as follows: Section 29. All of said property shall be assessed for taxation by said city in the manner provided in the general enabling act or acts enacted by the General Assembly of Georgia pursuant to that certain amendment to the Constitution of Georgia described in section 1 of this Act. Assessments. Section 6. That the Act of the General Assembly of Georgia approved March 15, 1933, (Ga. L. 1933, pp. 1070 et seq.), entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc., as amended, be and the same is hereby amended by striking therefrom in its entirety all of section 29-a of said Act, as amended. Repealed. Section 7. That the Act of the General Assembly of Georgia approved March 15, 1933, (Ga. L. 1933, pp. 1070 et seq.), entitled an Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc., as amended, be and the same is hereby amended by striking therefrom in its entirety all of section 30 of said Act, as amended, and substituting in lieu thereof a new section 30 of said Act, as amended, to read as follows: Section 30. The due date of the ad valorem taxes due said city shall be as is provided in the general enabling act or acts enacted by the General Assembly of Georgia pursuant to that certain amendment to the Constitution of Georgia, described in section 1 of this Act, and those taxes not paid when thus due shall be collected in the manner provided in said general enabling act or acts; provided, however, should said general enabling act or acts ever be held
Page 2697
to be unconstitutional, invalid or inoperative by any court of competent jurisdiction for any reason, then and in any of such events, the taxable property in said City of Thomaston shall be assessed and the taxes due thereon shall be paid and collected in the manner and at the time provided by the charter of said City of Thomaston prior to the passage of this Act. Intent. Section 8. All laws, or parts of laws, in conflict with the provisions of this Act shall be and the same hereby are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, pp. 1070 et seq.), as amended, so as to provide that the mayor and council of said city are authorized to provide by ordinance for the levy of ad valorem taxes an all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper, and for education and schools a tax not to exceed two percent, and such additional tax as the mayor and council shall deem necessary and proper for the paving and macadamizing of streets and for the payment of the principal and interest of the public debt of said city; to provide when and under what circumstances this Act shall go into effect; to provide what laws shall control the assessment and return of property for taxation by said city; to provide what laws shall govern the collection of such taxes; to repeal conflicting laws; and for other purposes. This 21st day of December, 1967. /s/ Johnnie L. Caldwell Representative in the General Assembly for 51st District of Georgia. Georgia, Upson County: Before me, the undersigned officer authorized to administer oaths, personally appeared Leon Smith, who on
Page 2698
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 28, 1967, January 4, 1968, and January 11, 1968. Thomaston Publishing Company By: Leon Smith Sworn to and subscribed before me, this 12th day of January 1968. /s/ Ronald Barfield Notary Public, Upson County, Georgia. My Commission expires January 14, 1970. Approved March 21, 1968. CITY OF THOMASTONCORPORATE LIMITS. No. 870 (House Bill No. 1006). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933, (Ga. L. 1933, p. 1070 et seq.), as amended, to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows:
Page 2699
Section 1. That the Act of the General Assembly of Georgia, approved March 15, 1933, (Ga. L. 1933, p. 1070 et seq.), entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new charter and municipal government for 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, an additional paragraph as a part of said section 4 of said Act, to read as follows: The following described territory which is contiguous to the existing limits of the City of Thomaston shall be a part of said City of Thomaston and included in its corporate limits, to-wit: All that certain tract or parcel of land, situate, lying and being in land lots Nos. 181, 182, 183, 192, 193, 194, 215 and 216 of the 10th land district of Upson County, Georgia, lying just east of and contiguous to the existing corporate limits of the City of Thomaston, Georgia, and more particularly described in part according to a plat, a copy of which is of record in the office of the clerk of the superior court of Upson County, Georgia, in plat book 5, page 95, reference to which is here made in aid of this description, as follows, to-wit: Beginning at a point on the south side of State Route No. 74 at a point on the existing corporate limit line of said City of Thomaston, which point is the southeast corner of that tract of land shown and delineated on that certain plat of record in plat book 4, page 89, said clerk's office, reference to which plat as so recorded is here made in aid of this description, and run thence north 89 degrees 06 minutes 19 seconds east 530.30 feet to a point, which point is the beginning (or P.C.) of a curve to the left, which curve is described as having a central angle of 34 degrees 28 minutes and a radius of 6415.8 feet, and thence along said curve a distance of 5.88 feet to a point; thence north 2 degrees 30 minutes 32 seconds east 1017.73 feet; thence north 32 degrees 49 minutes 28 seconds west 855.66 feet; thence south 88 degrees 45 minutes 00 seconds east 1410.90 feet; thence north 00 degrees 00 minutes 00 seconds 274.22 feet; thence north 31 degrees 36 minutes 26 seconds west 4069.69 feet; thence north 00 degrees 50 minutes 08
Page 2700
seconds east 2238.24 feet; thence north 89 degrees 09 minutes 17 seconds west to the east side of Payne's Mill Road and to the existing corporate limit line of the said City of Thomaston; thence southerly and southeasterly along the said existing corporate limit line of the said City of Thomaston to the point of beginning. Section 2. All powers, immunities, and authority of the said City of Thomaston under its charter and ordinances, and all laws appertaining to said city as a municipality, are hereby extended over and made effective in every part of the territory included within the limits above described. Section 3. Be it further enacted that this Act shall not go into effect until 12:01 A.M. (according to the time standard then in effect in the State of Georgia), July 2, 1968. 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, 1968, session of the General Assembly of Georgia a Bill to amend the Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070 et seq.), as amended, so as to change and extend the corporate limits of said city; and for other purposes. This 19th day of December, 1967. /s/ Johnnie L. Caldwell Representative in the General Assembly for 51st District of 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
Page 2701
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 21, 1967, December 28, 1967, and January 4, 1968. Thomaston Publishing Company By: Leon Smith Sworn to and subscribed before me, this 4th day of January, 1968. /s/ Ronald Barfield Notary Public, Upson County, Georgia. My commission expires: Jan. 14, 1970. (Seal). Approved March 21, 1968. HEARD COUNTYDEPUTY SHERIFFS. No. 871 (House Bill No. 1013). An Act to amend an Act placing the sheriff of Heard County on a salary basis in lieu of the fee basis, approved February 9, 1965 (Ga. L. 1965, p. 2020), so as to provide an additional deputy; to change the compensation of the deputies; 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 Heard County on a salary basis in lieu of the fee basis, approved February
Page 2702
9, 1965 (Ga. L. 1965, p. 2020), 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 sheriff is hereby authorized to appoint two deputies who shall be compensated in the amount of $218.18 per month beginning with the effective date of this Act and ending December 31, 1965. Beginning January 1, 1966 said deputies shall be compensated in the amount of $300.00 per month. Such compensation shall be paid from the funds of Heard County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Heard County. Personally came before me, Berrien T. McCutchen, who on oath says that he is publisher of The News and Banner, the official organ of Heard County and that the following attached advertisement to introduce local legislation, appeared in the issues of December 8th, 15th, 22nd, and 29th of 1967. Notice. Notice is hereby given that there will be introduced at the 1968 session of the General Assembly of Georgia, which convenes on January 8, 1968, a bill to amend the bill which placed the sheriff of Heard County, Georgia, on a salary and set the salary of the deputy sheriff, to raise the number of deputy sheriffs from one deputy sheriff to two deputy sheriffs and to provide salaries for the deputy sheriffs and for other purposes. D. B. Blalock George W. Potts Representatives of Heard County. Sworn to and subscribed before me, this 9th day of January, 1968.
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/s/ Talmadge Davis Clerk, Heard Superior Court. /s/ Berrien McCutchen Publisher, News Banner (Seal). Approved March 21, 1968. CITY OF AUGUSTACIVIL SERVICE COMMISSION ACT AMENDED. No. 872 (House Bill No. 1014). An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved January 31, 1798 (Ga. L., 1798) as amended by the various amendatory Acts thereof, and especially as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 2771, et seq.) entitled Augusta Civil Service Commission, so as to provide that the rules of the police department shall designate the title of chief of detectives as captain of detectives and that said rules shall establish the grades of corporal and of detective; to provide further for changes in the rules governing eligibility for promotion to the various grades of the police department and for changing the maximum age at which policemen may be employed from 35 years to 39 years; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved January 31, 1798 (Ga. L., 1798) as amended by the various amendatory Acts thereof, and especially as amended by an Act approved February 15, 1952 (Ga. L., 1952, p. 2771 et seq.) and all amendments thereto, is hereby further amended as follows:
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Section 2. That there is hereby added to paragraph (2) of section 7 thereof immediately after the words and figures thirty-five (35) years, the following: for the fire Department or is over the age of thirty-nine (39) years for the police department. Section 3. That subparagraph (1) of paragraph (n) of section 7 thereof is hereby deleted and there is substituted therefor the following to be known as subparagraph (1) of paragraph (n) of section 7 thereof: (1) Chief of Police; Captain; Captain of Detectives; Lieutenant; Sergeant; Corporal; Detective; Private and Probationer. Section 4. That paragraph (o) of section 7 thereof is hereby deleted and there is substituted therefor the following to be known as paragraph (o) of section 7 thereof: (o) Eligibility for promotion in the police department shall be as follows: (1) To the grade of corporal: Service in the grade of private for not less than two years; (2) To the grade of detective: Service in the grade of private for not less than two years; (3) To the grade of sergeant: Service in the grade of private, detective or corporal for not less than two years. (4) To the grade of lieutenant: Service in the grade of sergeant for not less than two years; or service in the grade of detective for not less than four years; (5) To the grade of captain of detectives: Service in the grade of lientenant for not less than two years; or service in the detective department as sergeant for not less than two years, or as detective for not less than four years. (6) To the grade of captain: Service in the grade of lieutenant for not less than two years;
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(7) To the grade of chief of police: Service in the grade of captain, or captain of detectives for not less than two years. Section 5. 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 there will be introduced at the January-February 1968 Session of the General Assembly of Georgia a bill to amend the charter of the City of Augusta, Incorporated as the city council of Augusta by an Act approved January 31, 1798 (Georgia Laws, 1798) as amended by the various amendatory acts thereof, and especially as amended by an Act approved February 15, 1952 (Ga. L., 1952, p. 2771, et seq.) entitled Augusta Civil Service Commission, so as to provide that the rules of the police department shall designate the title of chief of detectives as captain of detectives and that said rules shall establish the grades of corporal and of detective; to provide further for changes in the rules governing eligibility for promotion to the various grades of the police department and for changing the maximum age at which policemen may be employed from 35 years to 39 years; and for other purposes. Samuel C. Waller City Attorney The City Council of Augusta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William M. Fleming, Jr. who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of notice of intention to introduce local legislation was published in The Augusta Herald which is the official organ of Richmond County, on the following dates: December 23, 30, 1967 and January 6, 1968. /s/ William M. Fleming, Jr. Representative, 106th District
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Sworn to and subscribed before me, this 16th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. MUNICIPAL COURT OF COLUMBUSDISMISSAL FOR LACK OF PROSECUTION, COSTS IN DISPOSSESSORY WARRANT CASES. No. 873 (House Bill No. 1070). An Act to amend an Act relating to the Municipal Court of Columbus, approved February 6, 1952, contained in Georgia Laws 1952, pages 2184 to 2206, and all Acts amendatory thereof, entitled An Act to Amend an Act of the General Assembly, Approved August 12, 1915, and Contained in Georgia Laws 1915, p. 63 to 79, etc., to add a new section, section 25 (a), to provide for the dismissal of suits for lack of prosecution; to amend section 36 (42), to increase the costs in dispossessory warrant cases where it is necessary to remove the tenant together with his property; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The said Act approved February 6, 1952 (Ga. L. 1952, p. 2184, et seq.), and all Acts amendatory thereof, are amended in the following respects: (a) By adding, and enacting, the following: Section 25 (a): Be it enacted by the authority aforesaid that any suit in which no written order is taken for a period of two (2) years shall automatically stand dismissed with costs to be taxed against the party plaintiff. For the purposes of this section an order of continuance will be deemed an order. Dismissal.
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(b) By amending section 36, and all Acts amendatory thereof, by adding to section 36 (42) the following: For removal of tenant together with his property, where it is necessary to remove his property, $5.00. Costs. Section 2. All laws and parts of law in conflict herewith are hereby repealed. Section 3. Notice of intention to apply for the passage and approval of this Bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice, certified by the publisher of said paper, as provided by law. Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January, 1968, for the passage and approval of a Bill entitled as follows: An Act to amend an Act relating to the Municipal Court of Columbus, approved February 6, 1952, contained in Georgia Laws 1952, p. 2184 to 2206, and all Acts amendatory thereof, entitled An Act to amend an Act of the General Assembly, approved August 12, 1915, and contained in Georgia Laws 1915, p. 63 to 79, etc. to add a new section, section 25 (a), to provide for the dismissal of suits for lack of prosecution; to amend section 36(42), to increase the costs in dispossessory warrant cases where it is necessary to remove the tenant together with his property; and for other purposes. This the 16th day of November, 1967. /s/ Charles M. Evert Muscogee County Attorney
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Georgia, Muscogee County. This is to certify that the foregoing and attached copy of Notice of Intention to apply for the passage of a local Bill at the 1968 Session of the General Assembly of Georgia, by amending an Act relating to the Municipal Court of Columbus, has been published as provided by law, once week for three (3) weeks, namely, November 22 and 29, and December 6, 1967, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee County are published. This the 3rd day of January, 1968. M. R. Ashworth, Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me, this the 3rd day of January, 1968. /s/ Ruby R. Bray Notary Public, Muscogee County, Georgia My Commission expires July 28, 1971. (Seal). Approved March 21, 1968. COLUMBIA COUNTY BOARD OF EDUCATION, REFERENDUM. No. 874 (House Bill No. 1108). An Act to provide for the election of members of the board of education of Columbia County; to provide for education districts; to provide the manner of electing members to the Board; to provide for the filling of vacancies on the board; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Page 2709
Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Columbia County shall be composed of five (5) members to be elected as hereinafter provided. For the purposes of electing members of the Board of Education of Columbia County, Columbia County is divided into five (5) education districts as follows: Members, districts. District No. 1. Education District No. 1 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 125 (Evans). District No. 2. Education District No. 2 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 125-A (Martinez). District No. 3. Education District No. 3 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 128 (Harlem). District No. 4. Education District No. 4 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 1285 (Grovetown) and Georgia Militia District No. 126 (Sardis) (Kiokee). District No. 5. Education District No. 5 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 135 (Hazen), and Georgia Militia District No. 134 (Leah) (Dunn Chapel), Georgia Militia District No. 129 (Appling) and Georgia Militia District No. 131 (Winfield). Section 2. There shall be elected to the board one member from each of said districts. Candidates may not offer for election to the board from any district other than that district in which their legal residence lies. The electors of the entire county may cast their votes for candidates offering for election to the board from all of the districts. No person shall be eligible to represent a district unless he
Page 2710
has been a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately become vacant. Elections, etc. Section 3. At the general election conducted in 1968 there shall be elected the first members of the Board of Education of Columbia County as herein provided for. They shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial members of the Columbia County Board of Education, as provided for herein, shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified. Terms. Section 4. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of their members as chairman and such other officers as the board shall desire. Section 5. Vacancies occurring on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing as a successor a resident of the education district in which the vacancy occurred to serve until the next general election at which time a successor, who shall be a resident of the education district in which the vacancy occurred, shall be elected by the voters of Columbia County to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a resident of the education district in which the vacancy occurred as a successor to serve out the unexpired term of office. The Columbia County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the old Columbia County Board of Education and shall be
Page 2711
subject to all constitutional and statutory provisions relating to county boards of education. Vacancies, present board, etc. Section 6. Each member of the board shall receive the sum of $50.00 per month as compensation for their services on the board. Compensation. Section 7. It shall be the duty of the ordinary of Columbia County to issue the call for an election for the purpose of submitting this Act to the voters of Columbia County for approval or rejection pursuant to the provisions of Article VIII, Section V, Paragraph II of the State Constitution. The ordinary shall set the date of such election for the 11th day of September 1968. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Columbia County. The ballot shall have written or printed thereon the words: For approval of the Act providing for election of the members of the Board of Education of Columbia County. Referendum. Against approval of the Act providing for election of the members of the Board of Education of Columbia 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 this Act shall be approved by the voters of Columbia County as is provided for in the Constitution, it shall become of full force and effect as provided for herein; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by Columbia 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 2712
Section 8. If this Act shall be approved in the election provided for in section 7, the present Board of Education of Columbia County shall be abolished on January 1, 1969, and the members of the Board of Education of Columbia County, provided for by this Act, shall take office and administer thereafter the affairs of the Columbia County system. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to provide for the election of the members of the Board of Education of Columbia County; to provide for the districting of the county into five educational districts with one member from each district; to provide for a referendum; and for other purposes. This 12th day of December, 1967. Glenn S. Phillips Representative, 41st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn S. Phillips who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of notice of intention to introduce local legislation was published in the Columbia News which is the official organ of Columbia county, on the following dates: January 4, 11 and 18, 1968. /s/ Glenn S. Phillips Representative, 41st District
Page 2713
Sworn to and subscribed before me, this 24th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. Approved March 21, 1968. FANNIN COUNTYAUTOMOBILE ALLOWANCE FOR SHERIFF AND DEPUTY SHERIFF. No. 875 (House Bill No. 1128). An Act to amend an Act abolishing the method of compensating the sheriff of Fannin County, known as the fee system, and providing in lieu thereof an annual salary for the said sheriff approved March 11, 1965 (Ga. L. 1965, p. 2294), so as to provide that the deputy appointed by the sheriff shall be furnished an automobile allowance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the method of compensating the sheriff of Fannin County, known as the fee system, and providing in lieu thereof an annual salary for the said sheriff approved March 11, 1965 (Ga. L. 1965, p. 2294), is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The sheriff and the deputy sheriff of Fannin County shall furnish their own automobiles and shall be responsible for the maintenance, repair and replacement thereof. The gas and oil requirements of the automobiles used by the sheriff's office shall be paid by the county from the funds of said county. The sheriff and deputy sheriff shall receive from the funds of Fannin County in addition to their annual salary an automobile allowance of $1,500.00
Page 2714
per annum each, payable in equal monthly installments from the funds of Fannin County. Section 2. All laws and parts of laws in conflict with Act are hereby repealed. Notice of Inten to Introduce Local Legislation. Amend the Fannin County sheriff's bill so as to rovide for $1500 per year car allowance for the chief deputy sheriff To go into effect when signed by the Gov. of Ga. State Representative Dist. 4 Fannin County Howard Kaylor. State of Georgia, County of Fannin. The undersigned, Cecil G. Hartness, hereby certifies that he is publisher of the Fannin County Times, a newpaper published each week in the City of Blue Ridge, County of Fannin, State of Georgia, and that said newspaper is the one in which the advertisements of the sheriff of Fannin County are published. The undersigned further certifies that the foregoing notice of intent to introduce local legislation by Hon. Howard Kaylor, State Representative, District No. 4, Fannin County, was published in said newpaper in the edition of January 4th, 11th and 18th, 1968. This the 26th day of January, 1968. Cecil G. Hartness Sworn to and subscribed before me, this 29th day of January, 1968. /s/ Janette Hirsch Notary Public (Seal). Approved March 21, 1968.
Page 2715
CITY OF CHAMBLEEAD VALOREM AND SANITARY TAXES. No. 876 (House Bill No. 1174). An Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 2642), and an Act approved March 27, 1965 (Ga. L. 1965, p. 2780), so as to increase the maximum millage which might be levied by said city; to raise the maximum limit prescribed for the sanitary tax; 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 Chamblee, approved March 28, 1935, (Ga. L. 1935, p. 976), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 2642), and an Act approved March 27, 1965 (Ga. L. 1965, p. 2780), is hereby amended by striking from section 3 of article I the following: five mills, and substituting in lieu thereof the following: eight mills, so that when so amended section 3 of article I shall read as follows: Section 3. Said City of Chamblee shall have power to levy, assess, and collect ad valorem taxes for all ordinary, current, or otherwise legal expenses of government upon all property within its territorial limits, or taxable by it under provisions of general law, not to exceed eight mills upon each dollar of assess valuations. Among the ordinary and legal purposes for which such taxes may be levied, collected, and expended by the municipality shall be that of furnishing Social Security insurance and protection to its employees and other persons eligible for such protection. Said municipality shall likewise have power and authority to expend other general funds for the same purpose whether raised by taxation or otherwise. Ad valorem tax rate. Section 2. Said Act is further amended by striking from section 15 of article I the following: twenty four dollars
Page 2716
($24.00), and substituting in lieu thereof the following: thirty dollars ($30.00), so that when so amended section 15 of article I shall read as follows: Section XV. Said municipality shall have the power to construct, repair, and maintain sewers, drains and disposal plants as shall be necessary for proper sanitation to collect and dispose of garbage and refuse matter, and contract for, license and regulate the collection and disposal of garbage and refuse matter. Said municipality shall have power to pass all reasonable by-laws, ordinances and resolutions regulating said matters or in any wise appertaining thereto; said municipality shall have authority to levy a sanitary tax against each owner of each parcel of improved real property within its corporate limits which is improved with either a dwelling or a business structure, such tax not to exceed thirty dollars ($30.00) per annum for each dwelling, or each separate unit occupied as a dwelling, and not to exceed thirty dollars ($30.00) per annum for each business place, or each unit occupied separately as a place of business. The mayor and council may vary, change, alter, lower or raise the sanitary taxes from year to year, but not to exceed the limitations herein described. Sanitary tax. 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 Chamblee will, upon completion of publication of this notice, apply to the General Assembly of Georgia at the 1968 session then meeting, for legislation amending an act which created a new charter for the City of Chamblee, approved March 28, 1935, (Ga. L. of 1935, p. 976 to 994, inclusive) and to amend all acts amendatory thereof, so as to authorize the mayor and council of the said municipality to increase and change the sanitary tax now authorized, and to vary the rate of such taxes from time to time. And further to amend section 3, of the City of Chamblee charter, approved March 28,
Page 2717
1935 (Ga. L. of 1935, p. 976 to 994, inclusive), pertaining to milleage rate and for other purposes. W. B. Malone, Mayor City of Chamblee State Representatives House District 117 Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. B. Malone who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the New Era Publishing Company, Inc. which is the official organ of DeKalb County, on the following dates: January 4, 11, 18, 1968. /s/ W. B. Malone Representative, 117th District Sworn to and subscribed before me this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CHATTAHOOCHEE COUNTY BOARD OF EDUCATIONSTAGGERED TERMS, REFERENDUM. No. 877 (House Bill No. 1191). An Act to provide for staggered terms for the members of the board of education of Chattahoochee County; to provide when such terms shall become effective; to provide the procedure connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Page 2718
Be it enacted by the General Assembly of Georgia: Section 1. At the General Election of 1968, the five members of Chattahoochee County board of education shall be elected for staggered terms. The two candidates receiving the highest number of votes shall be elected for four-year terms, and the three candidates receiving the next highest number of votes shall be elected for two-year terms. The members elected at such an election shall take office January 1, 1969. Elections shall be held at the General Election each two years and successors shall be elected for terms of four years in order that the terms remain staggered. All members shall serve for the terms provided and until their successors are elected and qualified. All members shall take office on the first day of January immediately following their election. This Act shall not change any other provisions of the Constitution or laws of this State relative to the Chattahoochee County board of education. 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 ordinary of Chattahoochee County to issue the call for an election for the purpose of submitting this Act to the voters of Chattachoochee County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chattahoochee County. The ballot shall have written or printed thereon the words: For approval of the Act providing staggered terms for the members of the Chattahoochee County Board of Education. Against approval of the Act providing staggered terms for the members of the Chattahoochee County Board of Education.
Page 2719
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 Chattahoochee County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 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 1968 Session of the General Assembly of Georgia, a bill to provide the terms of office for members of the Board of Education of Chattahoochee County; to provide for referendum; and for other purposes. This 27 day of December 1967. J. Lucius Black J. Lucius Black Representative, District 56 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black who, on oath, deposes and says that he is Representative from the 56th District, and that the attached copy of notice of intention to introduce local legislation was published in the Columbus-Enquirer which is the official organ of Chattahoochee County, on the following dates: January 3, 10, 17, 24, 1968. /s/ J. Lucius Black Representative, 56th District
Page 2720
Sworn to and subscribed before me this 30th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CITY OF WRIGHTSVILLERECORDER. No. 878 (House Bill No. 1201). An Act to amend an Act creating a new charter for the City of Wrightsville, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, particularly by an Act approved February 5, 1953 (Ga. L. 1953, p. 2171), and an Act approved March 5, 1962 (Ga. L. 1962, p. 2885), so as to authorize the mayor and council of the City of Wrightsville to appoint a recorder for the mayor's court; to provide for compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Wrightsville, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, particularly by an Act approved February 5, 1953 (Ga. L. 1953, p. 2171), and an Act approved March 5, 1962 (Ga. L. 1962, p. 2885), is hereby amended by adding to the end of section 19 the following: The mayor and council of the City of Wrightsville are authorized to appoint a recorder for the mayor's court and to fix his salary at an amount not to exceed one thousand, two hundred dollars ($1,200.00) per annum., so that when so amended section 19 shall read as follows:
Page 2721
Section 19. The mayor and council shall have the power to organize a mayor's court and the mayor or acting mayor shall preside therein and shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of one hundred dollars or imprisonment in the guard house or labor on the chain gang of said city not to exceed ninety days, together with the cost of trial, which judgment may be made in the alternative in the discretion of the mayor. It shall be the duty of such mayor to act as the presiding officer of the council, or the mayor pro tem. in his absence, when in session, and look after the promotion of the peace and good order and the enforcement of ordinances, by-laws, rules and regulations of said city, and upon investigation of the case it should appear that some law of this State has been violated, it shall be the duty of the mayor or acting mayor to commit such offender or offenders to the common jail of Johnson County or cause them to give good and sufficient bond to appear at the next term of the Johnson Superior Court or the City Court of Wrightsville; that the mayor shall receive as compensation the sum of nine hundred dollars ($900.00) per annum to be paid in equal monthly installments out of the common or general funds of said city; provided, however, should the mayor pro tem. be required to serve as much as thirty days continuously, then he is to receive a pro rata amount of said salary for such time and such amount shall be deducted from the mayor's salary unless it should appear that such absence of the mayor is providential. Each councilman shall receive as compensation the sum of three hundred dollars ($300.00) per annum to be paid in equal monthly installments out of the common funds in the treasury of said city. The mayor and council of the City of Wrightsville are authorized to appoint a recorder for the mayor's court and to fix his salary at an amount not to exceed one thousand, two hundred dollars ($1,200.00) per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2722
This is to notify any party at interest that there will be introduced in the 1968 Session of the General Assembly of Ga. a Bill to amend the Charter of the City of Wrightsville to permit the mayor and council to elect a recorder to preside over the mayor's court of the City of Wrightsville and fix his salary and for other purposes. This 6th day of January, 1968. Emory L. Rowland Representative 48th District Post No. 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory L. Rowland who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published in the Wrightsville Headlight which is the official organ of Johnson County, on the following dates: January 11, 18, 25, 1968. Emory L. Rowland Representative, 48th District Sworn to and subscribed before me this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2723
JOHNSON COUNTYCOMPENSATION OF DEPUTY SHERIFF. No. 879 (House Bill No. 1202). An Act to amend an Act entitled An Act to abolish the present mode of compensating the sheriff of Johnson 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 office; to provide for the employment of necessary 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., approved March 24, 1965 (Ga. L. 1965, p. 2579), so as to provide for a change in compensation of the deputy sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to abolish the present mode of compensating the sheriff of Johnson 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 office; to provide for the employment of necessary 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., approved March 24, 1965 (Ga. L. 1965, p. 2579), is hereby amended by striking from section 4 the figure 300.00 and inserting in lieu thereof the figure 400.00, so that when so amended section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint one deputy, who shall be compensated in the sum of
Page 2724
$400.00 per month from county funds. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as his deputy, and to prescribe his duties and assignments, and to remove or replace said deputy at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. This is to notify all parties at interest that there will be introduced in the 1968 session of the General Assembly of Georgia a bill to amend the act placing the sheriff of Johnson County on a salary, amending the salary to be paid his deputies and for other purposes. This 19 day of December 1967. Emory L. Rowland Representative Post No. 2 District 48 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory L. Rowland who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published in the Wrightsville Headlight which is the official organ of Johnson County, on the following dates: December 21, 28, 1967 and January 4, 1968. /s/ Emory L. Rowland Representative, 48th District Sworn to and subscribed before me this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2725
DOOLY COUNTYCLERICAL ALLOWANCE FOR ORDINARY. No. 880 (House Bill No. 1271). An Act to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2441), so as to provide that the ordinary shall receive from Dooly County a sum not less than $150.00 per month and not more than $250.00 per month, as fixed and determined from time to time by the governing authority of Dooly County, for furnishing all clerical assistance required for his office, and to provide for other matters germane thereto including the defining of the effective date and the repeal of conflicting laws. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2441), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. The ordinary, in addition to the salary provided in section 4, shall receive from Dooly County a sum not less than $150.00 per month, and not more than $250.00 per month, as fixed and determined from time to time by the governing authority of Dooly County, for furnishing all clerical assistance required for his office, which sum shall be paid to him whether or not clerical employee or employees are employed by him and any additional clerical assistance used by the ordinary shall be compensated by the ordinary out of his own funds. Clerical allowance. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2726
Section 4. 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 Local Legislation. Notice is, as provided by Constitution of State of Georgia, given that there will be introduced at the January 1968 session of General Assembly of Georgia a bill to amend an Act of General Assembly approved 24 March 1965, found in Georgia Laws 1965, published by authority, at pages 2441 to 2445, inclusively, placing certain officers of Dooly County on a salary basis, so as to provide that the ordinary shall receive from Dooly County a sum not less than $150.00 per month and not more than $250.00 per month, as fixed and determined from time to time by the governing authority of Dooly County for furnishing all clerical assistance required for his office, and to provide for other matters germane thereto including the defining of the effective date and the repeal of conflicting laws. Rooney L. Bowen Representative from 69th Representative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney L. Bowen who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of notice of intention to introduce local legislation was published in the Vienna News which is the official organ of Dooly County, on the following dates: January 11, 18, 25, 1968. /s/ Rooney L. Bowen Representative, 69th District
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Sworn to and subscribed before me this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CITY OF BREMENEMINENT DOMAIN. No. 881 (House Bill No. 1310). An Act to amend an Act entitled An Act vesting in the City of Bremen the powers and authority to condemn land or real estate for school purposes, including the right and power to condemn any reversionary interest under any conditional limitation placed on any land or real estate now held by said city for school purposes in the operation and maintenance of its independent public school system, in any manner or method provided by the law of Georgia for condemnation of lands by municipalities; and, for other purposes., approved March 4, 1953 (Ga. L. 1953, p. 3091), so as to provide that the City of Bremen shall have the power to condemn land lying outside its corporate limits for sewer and water 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 vesting in the City of Bremen the powers and authority to condemn land or real estate for school purposes, including the right and power to condemn any reversionary interest under any conditional limitation placed on any land or real estate now held by said City for school purposes in the operation and maintenance of its independent public school system, in any manner or method provided by the law of Georgia for condemnation of lands by municipalities; and, for other purposes.,
Page 2728
approved March 4, 1953 (Ga. L. 1953, p. 3091), is hereby amended by striking section 2 of said Act and inserting in lieu thereof a new section 2, to read as follows: Section 2. There is hereby vested in the City of Bremen the power and authority to condemn land for sewer and water purposes, including the power of eminent domain to condemn lands lying outside its corporate limits for such purposes. Said city is hereby authorized to exercise said power of eminent domain in any method or manner provided by the law of Georgia for condemnation of lands or real estate by the municipalities of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the 1968 session of the General Assembly of Georgia, a bill to amend the charter of the City of Bremen, Georgia, the title of such bill or bills to be as follows: An Act to amend an Act approved December 30, 1898 (Ga. L. 1898, pp. 136 - 144), entitled An Act to repeal an Act entitled an Act to incorporate the Town of Bremen, adopted September 5th, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof; and for other purposes. This 19th day of December, 1967. Thomas B. Murphy Representative, Haralson County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas E. Murphy
Page 2729
who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: Dec. 21, 1967, Dec. 28, 1967, Jan. 3, 1968, Jan. 10, 1968. /s/ Thomas B. Murphy Representative, 26th District Sworn to and subscribed before me this 14 day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968. CITY OF McRAEELECTIONS. No. 882 (House Bill No. 1320). An Act to amend an Act creating a new charter for the City of McRae, approved May 1, 1963 (Ga. L. 1963, p. 2482), as amended, so as to establish further election laws for said city and modify other existing laws; 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 McRae, approved May 1, 1963 (Ga. L. 1963, p. 2482), as amended, is hereby amended by eliminating therefrom all of section 16 of said Act and substituting in lieu thereof the following section: Section 16: All candidates for the office of mayor and/or aldermen for the regular McRae General Election
Page 2730
to be held in December, shall qualify with the clerk of the City of McRae not earlier than October 1st and the time for qualifying shall close at 5 o'clock p.m., October 20, of each and every year. In the event October 20th falls on a Sunday or a legal holiday, the final date for qualifying shall be the previous date at 5 o'clock p.m. Further, if October 20th falls on a Saturday, qualifying shall close at 12 o'clock noon on that date. In any event, if Saturday shall be the last day to qualify, same shall close at 12 o'clock noon. Qualifying dates. Section 2. Be it further enacted by the General Assembly of Georgia that said Act is further hereby amended by striking and eliminating 6 o'clock p.m. from section 6 of said Act each and every place in said section that 6 o'clock p.m. is set out therein and in lieu of said time substituting therefor 5 o'clock p.m. in order that the voters' book for the City of McRae shall be open for signatures during the usual hours of business daily from January 1st of each year as otherwise required and, in addition, the city clerk shall, for a period of thirty (30) days, beginning thirty (30) days prior to the first day of November of each year, keep said voters' book open for signatures at the city hall from 9 o'clock a.m. to 5 o'clock p.m., each day, Sundays only excepted, and only from 9 o'clock a.m. until 12 o'clock noon on Saturdays and registration for voters for each year shall close at 5 o'clock p.m. on November 1 of each year and, in the event said November 1st falls on Sunday or a legal holiday, registration shall close at 5 o'clock p.m. on the previous day, and, further, if November 1st falls on a Saturday, registration shall close at 12 o'clock noon on that Saturday. Voters' registration. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, said Act creating a new charter for the City of McRae is hereby further amended by adding to section 18 thereof a sub-paragraph to be numbered section 18 (b), said paragraph to read as follows: Section 18 (b): Beginning with the year 1968 and in each and every year thereafter, voting machines shall be used in every McRae city election for the election of mayor and/or aldermen and this provision shall be mandatory.
Page 2731
The mayor and council shall rent, borrow, buy or lease such machines for the use of the City of McRae during such elections, regular and special. Voting machines. Section 4. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, said Act creating a new charter for the City of McRae is hereby further amended by adding to section 8 thereof a sub-paragraph to be numbered section 8 (b), said paragraph to read as follows: Section 8 (b): No person shall be qualified to vote in any election of the City of McRae who is registered to vote in any other city or in any county other than Telfair County. This provision shall apply inclusively to elections of all kinds and to registration of all types in such other cities and counties, whether municipal, county or others. Voter qualifications. Section 5. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, said Act creating a new charter for the City of McRae is hereby further amended by adding to section 20 thereof a sub-paragraph to be numbered section 20 (b), said paragraph to read as follows: Section 20 (b): When voting machines are used in an election held in and for the City of McRae, and the right of any person to cast a ballot is challenged for any legal cause, such person shall not be entitled nor allowed to vote on a voting machine, but such person must vote a paper ballot, either absentee or a special ballot for this purpose and, at any rate, such ballot must be prepared in such a way that the number strip on the ballot shall remain attached to the ballot and the challenge to the ballot shall proceed otherwise as provided in the first paragraph of this section. Section 6. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, said Act creating a new charter for the City of McRae is hereby amended by adding to section 19 thereof a subparagraph to be numbered section 19 (b), said paragraph to read as follows:
Page 2732
Section 19 (b): No candidate, poll holder nor any other person may politic in any fashion, on any election day, within a distance of two hundred (200) feet of the polling place, at any election held in and for the City of McRae. Soliciting votes. Section 7. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that said charter for the City of McRae is hereby amended by eliminating therefrom the entire last paragraph of section 17 of the existing charter and substituting in lieu thereof the following last paragraph from section 17 of said charter, to read as follows: Section 17: The said election poll holders shall determine who are voters from the voters' list prepared by the board of registrars and the clerk of the City of McRae and shall keep an accurate record and tally all votes cast in any election, including the accurate record of all the names of all persons casting their votes. It shall be the duty of the manager and poll holders, after all the votes are counted, to declare and publish the number of votes received by each person at said election and further declare the results of said election. A minimum of three (3) copies of tally sheets, and in case of voting machines, such other documented return as is appropriate, one of which shall be handed over to the mayor for the time being and the other two shall be retained by the poll holders. As soon as the mayor, as aforesaid, shall be informed of the result of said election, he shall cause the person elected to be notified of the same and shall also file with the clerk of the counsel of the said city a copy of the tally sheet or other return or certificate relating to said election, as necessary, and same shall be kept on file by said clerk in his or her office and duly recorded by the said clerk on the books or minutes of the counsel as aforesaid. Any person who is elected to the office of mayor of the City of McRae must receive a majority of the votes cast for that office. Otherwise, the two candidates receiving the highest number of votes shall run off the election at a later date. In the case of councilmen, three (3) councilmen being elected each and every year, if there be a tie for the third place, there shall be a run off between the two councilmen receiving the third highest
Page 2733
number of votes, the other two (2) councilmen having been duly elected, and the run off between the two receiving the third highest number of votes shall be held at a later date. All regular run off elections to be held in and for the City of McRae shall be held on the second Tuesday in December of such year, a week following the previous election. Any run off elections, in connection with special elections, shall be held one (1) week following the date of the special election. Elections. Section 8. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, said Act creating a new charter for the City of McRae is hereby amended by adding to section 18 thereof a sub-paragraph to be numbered section 18 (c), said paragraph to read as follows: Section 18 (c): All absentee voting in elections held in and for the City of McRae shall be, in all respects, conducted in conformity with Chapter 34-14 of the Annotated Code of Georgia, regarding State and county elections, insofar as such provisions are appropriate to city elections and practical and this provision relative to absentee voting is mandatory and same shall, in the future, be conducted in accordance with said chapter as the same now or hereafter exists, even if same be amended by the General Assembly of Georgia. Absentee voting. Section 9. Be it further enacted by the General Assembly of Georgia, that in the event any article, section, paragraph or provision of this Act, or any portion thereof, in whole or in part, shall be declared unconstitutional or illegal by a court of competent jurisdiction, such provision, article, section, paragraph or such part hereof, shall alone be invalid, and same shall not have the effect of destroying or impairing the validity of the remaining parts of this Act. Severability. Section 10. All laws and parts of laws in conflict herewith, be and the same are hereby repealed. Section 11. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation, a copy of which is attached to this affidavit.
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Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that the mayor and council of the City of McRae intend to apply for local legislation in the 1968 session of the General Assembly of Georgia for the purpose of amending the charter of the City of McRae, such amendment setting up and establishing an Elections Code or laws for all elections held in and for said city for mayor and councilmen; and for other purposes. This 4th day of January, 1968. s/ James T. Windsor, Jr. Mayor, City of McRae Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Norman B. Doster who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Lumber City Log which is the official organ of Telfair County, on the following dates: January 4, 11, 18, 1968. /s/ Norman B. Doster Representative, 73rd District Sworn to and subscribed before me this 7th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2735
NEWTON COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 883 (House Bill No. 1365). An Act to amend an Act placing the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, approved March 30, 1963 (Ga. L. 1963, p. 2704), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2616), and an Act approved April 18, 1967 (Ga. L. 1967, p. 3290), so as to change the compensation of the sheriff; to provide for deputies and other personnel; supplies and equipment; to provide for budgets; to provide for the advertisement of said budgets in the official organ of Newton County; to provide for the collection and disposition of fees, fines, forfeitures, costs, commissions, emoluments and perquisites, and for the accounting thereof; to provide for all the procedures and matters relative to the foregoing; 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 the Superior Court of Newton County on a salary in lieu of the fee system of compensation, approved March 30, 1963 (Ga. L. 1963, p. 2704), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2616), and an Act approved April 18, 1967 (Ga. L. 1967, p. 3290), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. The sheriff of Newton County shall be compensated in the amount of twelve thousand dollars ($12,000.00) per annum, to be paid in equal monthly installments from the funds of Newton County. It is specifically provided that the salary provided herein for the sheriff shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisities of whatever kind heretofore received by the sheriff for his services as such. Sheriff's salary. 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:
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Section 2. The sheriff shall have the authority to appoint and fix the compensation of such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. At least thirty days but not more than sixty days before the first day of January of each year, beginning with January, 1968, the sheriff shall present to the governing authority of Newton County the number of such personnel needed by his office, together with the compensation to be paid each employee, and a proposed budget covering the costs of operating said office for the next ensuing year. Said budget shall include the costs for all personnel, supplies, equipment, including automobiles and equipment, operation, and maintenance thereof, and other expenses incurred in operating the sheriff's office. A copy of said budget shall also be submitted to the grand jury first convening in each calendar year. By not later than April 15, 1967, the sheriff shall submit to the governing authority of Newton County a budget which shall be prepared in accordance with the provisions of this section for the remainder of the calendar year 1967. Thereafter, all such budgets shall be submitted at the time and in the manner provided for in this section. 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, etc. Section 3. 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. The governing authority of Newton County and the grand jury shall be authorized to review the budgets submitted by the sheriff and to consult with the sheriff regarding the same, but neither the said governing authority nor the grand jury shall be authorized to reject or disapprove the budget submitted by the sheriff, and any changes made in said budget shall be approved by the sheriff. The governing authority of Newton County shall
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cause the budget submitted by the sheriff to be advertised in the official organ of Newton County once each week for two weeks during January of each calendar year. Budget. Section 4. Said Act is further amended by renumbering sections 4 and 5 as sections 7 and 8 respectively, and by adding three new sections to be designated sections 4, 5 and 6, to read as follows: Section 4. After the effective date of this Act, the sheriff 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 him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same over to the fiscal authority of Newton County, Georgia, 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, he shall also furnish to the fiscal authority of said county a detailed, itemized statement of all such funds received during the preceding month. The statement shall show the respective amounts of money collected and the source thereof, and the fiscal authority of Newton County, Georgia, shall give said sheriff a receipt thereof, and said fiscal authority shall keep a separate account showing such collections and the sources from which they are paid. Fees. Section 5. The compensation of the sheriff, the compensation of his deputies and other employees, and the cost of automobiles, equipment, materials, supplies, furnishings, furniture and utilities shall be paid from any funds of the county available for such purposes. Automobiles, etc. Section 6. The official bonds of the sheriff and all of his deputies, as may be required by law, shall be procured by said sheriff and his deputies, and the premiums and costs therefor shall be paid out of the funds of Newton County, Georgia. Bonds. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January Term, 1968 Session of the General Assembly of Georgia, a bill to amend an act placing the sheriff of Newton County, Georgia, on a salary in lieu of the free system of compensation, approved March 30, 1963 (Ga. L. 1963, p. 2704), as amended, so as to change the compensation of the sheriff to provide for additional deputies and for other purposes. This 19th day of December, 1967. W. D. Ballard, Representative 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he is Representative from the 37th District, and that the attached copy of notice of intention to introduce local legislation was published in The Covington News which is the official organ of Newton County, on the following dates: December 21, 28, 1967 and January 4, 1968. /s/ W. D. Ballard Representative, 37 District Sworn to and subscribed before me this 9 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968.
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PIERCE COUNTYSALARIES OF DEPUTY SHERIFFS. No. 884 (House Bill No. 1369). An Act to amend an Act placing the sheriff of Pierce County upon an annual salary, approved February 24, 1965 (Ga. L. 1965, p. 2071), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2570), so as to change the compensation of the two full-time deputy sheriffs; 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 Pierce County upon an annual salary, approved February 24, 1965 (Ga. L. 1965, p. 2071), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2570), is hereby amended by striking from section 4 the following: $4,200.00 and $3,600.00, and substituting in lieu thereof the following: $4,800.00 and $4,200.00, respectively, so that when so amended section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint two full-time deputies, one of whom shall be compensated in the amount of $4,800.00 per annum and one of whom shall be compensated in the amount of $4,200.00 per annum. Both full-time deputies shall be compensated in equal monthly installments from the funds of Pierce County. The sheriff shall also have the authority to appoint extra deputies and clerical personnel. However, the total compensation for all extra deputies and clerical personnel shall, in no event, exceed $1,200.00 per annum. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as such full-time deputies, extra deputies, and clerical personnel, and to prescribe their duties and assignments and to remove or replace such full-time deputies, extra deputies, and clerical personnel at will and within his sole discretion.
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Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the deputy sheriffs of Pierce County; and for other purposes. This 2nd day of Dec., 1967. S. D. Nimmer Representative, 84th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. D. Nimmer who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of notice of intention to introduce local legislation was published in The Blackshear Times which is the official organ of Pierce County, on the following dates: December 28, 1967; January 4th and 11th, 1969. /s/ S. D. Nimmer Representative, 84 District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968.
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BRANTLEY COUNTYOFFICE OF TREASURER ABOLISHED. No. 885 (House Bill No. 1371). An Act to abolish the office of treasurer of Brantley County; to provide for the transfer of the duties of said office to the governing authority of Brantley County; 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. Effective at the expiration of the term of office of the present treasurer of Brantley County, or if a vacancy should occur therein prior to such expiration, then immediately upon a vacancy occurring therein, the office of treasurer of Brantley County shall stand abolished, and the duties, responsibilities, powers and functions of said office shall devolve upon the governing authority of Brantley County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to abolish the office of the county treasurer of Brantley County; and for other purposes. This 6 day of January, 1968. S. D. Nimmer Representative, 84th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. D. Nimmer who, on oath, deposes and says that he is Representative
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from the 84th District, and that the attached copy of notice of intention to introduce local legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 11, January 18 and January 25, 1968. /s/ S. D. Nimmer Representative, 84 District Sworn to and subscribed before me this 12 day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968. BARTOW COUNTYDEPUTY SHERIFFS, COOKS. No. 886 (House Bill No. 1379). An Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended by an Act approved March 1, 1963 (Ga. L. 1963, p. 2066), an Act approved March 31, 1965 (Ga. L. 1965, p. 3015), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2365), so as to provide the sheriff shall hire a day jailer, night jailer and a cook or cooks; to provide their duties; to fix their compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis,
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approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended by an Act approved March 1, 1963 (Ga. L. 1963, p. 2066), an Act approved March 31, 1965 (Ga. L. 1965, p. 3015), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2365), is hereby amended by striking from section 2 the words and phrases which read as follows: The sheriff shall have the authority to employ jailers and a cook, who shall be compensated in an aggregate amount not to exceed five thousand five hundred ($5,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Of this sum, the respective amounts per annum payable to each of these employees shall be fixed and allocated according to the sheriff's determination, of which he shall inform the commissioner of roads and revenues. and inserting in lieu thereof the following: The sheriff shall employ a deputy to be the day jailer, who shall be compensated in the amount of four thousand eight hundred ($4,800.00) dollars per annum, payable in equal monthly installments from the funds of Bartow County. The day jailer shall in addition to other duties be the day communications operator, record keeper, and supervisor of food purchases for the jail. The sheriff shall also employ a deputy to the be the night jailer, who shall be compensated in the amount of four thousand five hundred ($4,500.00) dollars per annum, payable in equal monthly installments from the funds of Bartow County. The night jailer shall be the night communications operator. The purpose for hiring the day and night jailers is to provide continuous uninterrupted telephone, radio and jail attendance services in the Bartow County jail. The sheriff shall also hire a cook or cooks, who shall be compensated in an aggregate amount not to exceed two thousand seven hundred ($2,700.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Of this sum, the respective amounts per annum payable to each of the cooks shall be fixed and allocated according to the sheriff's determination, of which he shall inform the commissioner of roads and revenues.,
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so that when so amended section 2 shall read as follows: Section 2. The sheriff of Bartow 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 Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff. The sheriff shall appoint one chief deputy who shall be compensated in an amount not to exceed six thousand ($6,000.00) dollars per annum to be paid in equal monthly installments from the funds of Bartow County. The sheriff shall appoint four additional deputies who shall be compensated in an amount not to exceed five thousand five hundred ($5,500.00) dollars each per annum to be paid in equal monthly installments from the funds of Bartow County. In the event the sheriff desires to employ additional deputies, if the commissioner of roads and revenues approves and two consecutive grand juries recommend the employment of additional deputies, then the sheriff shall have the authority to employ the number of deputies so needed and recommended. The compensation of such additional deputies shall be in amount not to exceed five thousand five hundred ($5,500.00) dollars each per annum, to be paid in equal monthly installments from the funds of Bartow County. The sheriff shall employ a deputy to be the day jailer, who shall be compensated in the amount of four thousand eight hundred ($4,800.00) dollars per annum, payable in equal monthly installments from the funds of Bartow County. The day jailer shall in addition to other duties be the day communications operator, record keeper, and supervisor of food purchases for the jail. The sheriff shall also employ a deputy to be the night jailer, who shall be compensated in the amount of four thousand five hundred ($4,500.00) dollars per annum, payable in equal monthly installments from the funds of Bartow County. The night jailer shall be the night communications operator. The purpose for hiring the day and night jailers is to provide continuous uninterrupted telephone, radio and jail attendance services in the Bartow County jail. The sheriff shall also hire a cook or cooks, who shall be compensated in an aggregate amount not to exceed two thousand seven hundred ($2,700.00) dollars per annum, to be paid
Page 2745
in equal monthly installments from the funds of Bartow County. Of this sum, the respective amounts per annum payable to each of the cooks shall be fixed and allocated according to the sheriff's determination, of which he shall inform the commissioner of roads and revenues. The sheriff shall have the authority to employ a secretary, who shall be compensated in an amount not to exceed three thousand three hundred ($3,300.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. The sheriff shall furnish such automobiles as are required by his office, and all equipment, maintenance, insurance and operating expenses therefor shall also be paid by him. The sheriff shall be paid mileage expenses for automobiles used by the sheriff's office in the performance of the duties thereof, at a rate not to exceed twelve (12[UNK]) cents per mile. Such mileage allowance shall be paid upon presentation each month of a certified, itemized expense account by the sheriff presented to the commissioner ofroads and revenues of Bartow County. 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 1968 session of the General Assembly of Georgia a bill to change the compensation of the jailer of Bartow County, and to provide for deputy and compensation, to change sum sheriff shall receive for jailers and a cook and for other purposes. Joe Frank Harris Representative 14th District David N. Vaughan, Jr. Representative 14th District Jack Fincher Senator 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris
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who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of notice of intention to introduce local legislation was published in The Weekly Tribune News which is the official organ of Bartow County, on the following dates: January 18, 25 and February 1, 1968. /s/ Joe Frank Harris Representative, 14th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. WAYNE COUNTYTERMS OF COMMISSIONERS OF ROADS AND REVENUES. No. 887 (House Bill No. 1392). An Act to amend an Act creating a board of commissioners of roads and revenues for Wayne County, Georgia, approved March 6, 1962 (Ga. L. 1962, p. 3110), as amended, by an Act approved March 20, 1963 (Ga. L. 1963, p. 2301), so as to change the terms of office of the members of the board from staggered terms to concurrent terms; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Wayne County, Georgia, approved March 6, 1962 (Ga. L. 1962, p. 3110), as amended, by an
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Act approved March 20, 1963 (Ga. L. 1963 p. 2301), 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. Election and term of office of Commissioners . At the general election held for members of the General Assembly in 1968, successors to the commissioners representing commissioner districts numbers 1 and 2 shall be elected for a term of two years each and until their successors are duly elected and qualified. At the general election held for members of the General Assembly in 1970, five members shall be elected to serve as commissioners of roads and revenues for Wayne County and they shall serve for a term of two years each and until their successors are duly elected and qualified. At the general election held for members of the General Assembly in 1972, five members shall be elected to serve as commissioners of roads and revenues for Wayne County and they shall serve a term of four years each and until their successors are duly elected and qualified. Terms of office of the members of the Board shall commence on the first day of January following their election. All members elected in subsequent elections after the general election of 1972, 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. Subsequent elections shall likewise be held at the same time as members of the General Assembly are elected. Each member must be a resident of the district from which he offers as a candidate, but all members shall be elected by the voters of the entire county. Section 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 regular 1968 Session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Wayne County, approved March 6, 1962 (Ga. L. 1962, p. 3110), as amended, so as to change the terms of office of the members of the board
Page 2748
from staggered terms to concurrent terms; to provide the procedures connected therewith; and for other purposes. This 15th day of January 1968. Dr. McKee Hargrett Representative, 77th District. Roscoe E. Dean, Jr. Senator, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McKee Hargrett who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of notice of intention to introduce local legislation was published in the Wayne County Press which is the official organ of Wayne County, on the following dates: January 18, 25 and February 1, 8, 1968. /s/ McKee Hargrett Representative, 77th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. WASHINGTON COUNTY AIRPORT AUTHORITY. No. 888 (House Bill No. 1399). An Act to create and establish the Washington County Airport Authority and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft
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which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertakings, and to acquire the necessary property therefor, both real and personal, and to lease and sell any and all such facilities including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to 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 Washington County Airport Authority Act. Section 2. Washington County Airport Authority . There is hereby created a body corporate and politic to be known as the Washington County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by the 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 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 Washington County Airport Authority shall be composed of three members, one of whom shall be appointed by the Board of Roads and Revenue of Washington County, one by the Mayor and Council of the City of Sandersville and one by the Mayor and Council of the City of Tennille. Within thirty days after the approval of this Act, it shall be the duty of said appointing Authorities to appoint the members of the Authority. The member appointed by the County Commissioners shall be
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appointed for a term of three years ending December 31, 1970; the member appointed by the Mayor and Council of the City of Sanderville shall be apointed for a term of two year ending December 31, 1969; the member to be appointed by the Mayor and Council of the City of Tennille shall be appointed for a term of one year ending December 31, 1968. All subsequent appointments shall be for a term of three years, and until their successors shall have been duly appointed. No person shall be appointed to membership on the Authority unless he or she is a freeholder in Washington County and has the same qualifications as are required for a person to vote in Washington County, Georgia. Section 4. Meetings . The Authority shall hold their first meeting within forty-five days after the approval of this Act at which time the Authority shall elect one of its members as its Chairman and one member as Secretary-Treasurer. 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 31 of the year in which they were elected or until their successors are elected and qualified. Two members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall serve without pay except that they shall be reimbursed for actual expenses incurred in the performance of their duties. Section 5. Vacancies in Office . In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled by the appointing authority and the person so appointd 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:
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(a) The word Authority shall mean the Washington County Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to insure 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. Section 7. Powers . The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, 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; (d) To appoint, select and employ, officers, agents and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects or contracts with
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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; (f) With the consent of the appointed Authority 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 funds provided by the appointing Authority 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 material 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 therof or from any other source upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source, may impose; (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;
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(k) With the consent of the appointing Authorities, the Authority is specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or any 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 hereof; (l) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 8. Monies Received Considered Trust Funds . All monies received pursuant to the authority of this Act, whether 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 9. Purpose of the Authority . Without limiting the generality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing fields for the use of aircraft, including any related building and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 10. 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, concession or sub-leased of its lands or facilities. Section 11. Rules and Regulations for Operation of Projects . It shall be the duty of the Authority to prescribe
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rules and regulations for the operation of the project or projects constructed or operated under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 12. 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 13. Transfer of Title . After the passage of this Act, the Board of Roads and Revenue of Washington County with the concurrence of the governing Authorities of the Cities of Sandersville and Tennille may transfer title of the land comprising the Washington County Airport to the Authority or said Board may elect to vest control of the airport property to said authority for the purpose of operating, managing and regulating the same. Said Board shall signify its choice by a proper resolution duly entered on its minutes. Section 14. Liberal Construction of Act . This Act being for the purpose of promoting the health, morals, and general welfare of the citizens of the United States, of the State of Georgia and of Washington County, shall be liberally construed to effect the purpose hereof. Section 15. 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 or the remaining provisions. Section 16 . The effective date of this law shall be upon approval of same by the Governor. Effective date. Section 17 . All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that I shall introduce a bill in the 1968 session of the General Assembly to create and incorporate an entity to be known as the Washington County Airport Authority; to provide for the regulation of airport operations; to extend the city limits of the City of Sandersville to include the airport property; and for other purposes. This 15th day of January, 1968. Francis A. Joiner Representative from Washington County Georgia, Washington County. Personally appreared before me the undersigned authority, duly authorized to administer oath, Jesse Mize, who on oath deposes and says that he is the publisher of the Sandersville Progress and that the attached copy of notice of intention to introduce local legislation was published in the Sandersville Progress which is the official organ of said county, on January 18 and 25 and February 1, 1968. /s/ Jesse Mize Publisher Sandersville Progress Sworn to and subscribed before me, this 9th day of February, 1968. /s/ Thomas A. Hutcheson Notary Public, Washington County, Georgia. My Commission expires May 25, 1968. (Seal). Approved March 21, 1968.
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CITY OF BAINBRIDGENUMBER OF ALDERMEN, REFERENDUM. No. 890 (House Bill No. 1402). An Act to amend an Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3094), by an Act approved February 22, 1957 (Ga. L. 1957, p. 2209), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2434), so as to change the number of aldermen; to change the method of electing aldermen; 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 Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3094), by an Act approved February 22, 1957 (Ga. L. 1957, p. 2209), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2434), 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. (a) The mayor and three aldermen shall be elected on the first Wednesday in January, 1970, for terms of office of four years each and until their successors are duly elected and qualified. Three aldermen shall be elected on the first Wednesday in January, 1972, for terms of office of four years each and until their successors are duly elected and qualified. An election shall be held on the second Wednesday in January in each even numbered year thereafter to elect officers for the offices of the city whose terms are expiring, and such successors shall serve for terms of office of four years each and until their successors are duly elected and qualified. The mayor and aldermen shall take office on the first Monday in January following their election. (b) Positions on the council shall be designated posts 1 through 6, respectively. The three aldermen elected on the
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first Wednesday in January, 1970, shall be elected to represent post 1, post 2 and post 3. The three aldermen elected on the first Wednesday in January, 1972, shall be elected to represent post 4, post 5 and post 6. Any person offering as a candidate for election shall designate the particular Post position for which he is offering as a candidate. (c) The mayor and aldermen may reside in any part of the City of Bainbridge, and the mayor and aldermen shall be elected by the voters of the entire city on a city wide basis. To be elected to the position of mayor or alderman, a candidate must receive the highest number of votes cast and, at the same time, a candidate must receive a majority of the total votes cast. In the event a runoff election is necessary, it shall be held on the first Wednesday following the regular election. Any person elected in a runoff election shall take and subscribe the oath of office required for aldermen before an officer authorized to administer oaths. Such person shall then immediately enter upon the discharge of the duties of his office. Section 2. The City of Bainbridge shall continue to have six aldermen until the first Wednesday in January, 1970, and from such time until the first Wednesday in January, 1972, the City of Bainbridge shall have five aldermen. Thereafter, the City of Bainbridge shall have six aldermen as provided in this Act. 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 governing authority of the City of Bainbridge to issue the call for an election for the purpose of submitting this Act to the voters of the City of Bainbridge for approval or rejection. The governing authority of the City of Bainbridge shall set the date of such election for the first Wednesday in June of 1968. The governing authority of the City of Bainbridge 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 Bainbridge. The ballot shall have written or printed thereon the words:
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For approval of the Act increasing the number of aldermen from four to six and providing for election of the aldermen of the City of Bainbridge from post positions. Referendum. Against approval of the Act increasing the number of aldermen from four to six and providing for election of the aldermen of the City of Bainbridge from post positions. 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 Bainbridge. It shall be the duty of the governing authority of the City of Bainbridge to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the governing authority of the City of Bainbridge 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. 2. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the city of Bainbridge, approved December 16, 1901 (Ga. L. 1901, page 321, as amended), so as to change the number of alderman; to provide for a referendum; and for other purposes. December 12, 1967. Hubert Dollar Hubert Dollar, Representative 89th District Post No. 1 Anthony W. Cato, Post No. 2
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hubert Dollar who, o noath, deposes and says that he is Representative for the 89th District, and that the attached copy of notice of intention to introduce local legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: December 14, 21, 28, 1967. /s/ Hubert Dollar Representative, 89th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CLAYTON COUNTYCIVIL SERVICE SYSTEM ACT AMENDED. No. 891 (House Bill No. 1403). An Act to amend an Act creating a civil service system for employees of Clayton County, approved April 2, 1963 (Ga. L. 1963, p. 2747), so as to change the provisions relating to coverage of employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a civil service system for employees of Clayton County, approved April 2, 1963 (Ga. L. 1963, p. 2747),
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is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. All personnel specified in the resolution adopted by the governing authority of Clayton County creating the Clayton County Civil Service System shall be subject to the full provisions of this Act and included under the jurisdiction of the Clayton County Civil Service Board. A department, for the purposes of this Act, shall mean any department so designated by the governing authority of Clayton County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act known as the Clayton County Civil Service System Act approved April 2, 1963 (Ga. L. 1963, p. 2747), so as to change the provisions relating to coverage of employees; and for other purposes. This 30 day of December 1967. Sen. Kenneth Kilpatrick Rep. William J. Lee Rep. Arch Gary Rep. Lamar Northcutt Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press Clayton County News
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Farmer which is the official organ of Clayton County, on the following dates: January 11, 18, 25th, 1968. /s/ William J. Lee Representative, 35th District Sworn to and subscribed before me this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. PIERCE COUNTY BOARD OF EDUCATIONREFERENDUM. No. 892 (House Bill No. 1410). An Act to provide for the election of members of the board of education of Pierce County; to provide the manner of electing members to the board; to provide for the filling of vacancies on the board; to provide for the appointment of the county school superintendent, his qualifications and compensation; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of education of Pierce County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing members to the board, positions on the board shall be numbered one through five, respectively. At the time of their qualification, candidates shall designate which position on the board they are offering as candidates for election. Candidates shall be elected to the board by the vote of all the electors of Pierce County. Members, etc.
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Section 2. At the general election conducted in 1970, there shall be elected the first members of the board of education of Pierce County as herein provided for. Candidates elected to the board at said election shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial members of the Pierce County board of education, as provided for herein, shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified. Elections, terms. Section 3. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of their members as chairman and such other officers as the board shall desire. Chairman. Section 4. Vacancies occurring on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election at which time a successor shall be elected by the voters of Pierce County to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. The Pierce County board of education created by this Act shall be the successor to all the rights, powers, duties and obligations of the old Pierce County board of education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancies, present board. Section 5. The county school superintendent of Pierce County elected to office in the 1968 general election shall continue to serve out the term of office to which he was elected. At the expiration of his term of office, the board of education of Pierce County shall appoint the county superintendent of Pierce County, and he shall serve at the pleasure of the board. To be eligible to hold the office of
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county school superintendent, the candidate must possess such qualifications as are prescribed for county school superintendents by the laws of this State as well as such other qualifications as may be prescribed from time to time by the State Board of Education. The board shall fix the compensation to be received by the superintendent. Superintendent. Section 6. It shall be the duty of the ordinary of Pierce County to issue the call for an election for the purpose of submitting this Act to the voters of Pierce County for approval or rejection pursuant to the provisions of Article VIII, Section V, Paragraph II and Article VIII, Section VI, Paragraph II of the State Constitution. The ordinary shall set the date of such election for the 5th day of November, 1968. 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 Pierce County. The ballot shall have written or printed thereon the words: For approval of the Act providing for election of the members of the Board of Education of Pierce County and for the appointment of the County School Superintendent by the Board of Education. Referendum. Against approval of the Act providing for election of the members of the Board of Education of Pierce County and for the appointment of the County School Superintendent by the Board of Education. 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 this Act shall be approved by the voters of Pierce County as is provided for in said paragraphs of the Constitution, it shall become of full force and effect as provided for herein; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Pierce 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 special
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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 Secreary of State. Section 7. If this Act shall be approved in the election provided for in section 6, the present board of education of Pierce County shall be abolished on January 1, 1971, and the members of the board of education of Pierce County, provided for by this Act, shall take office and administer thereafter the affairs of the Pierce County school system. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to provide for a change in the manner of electing the members of the board of education of Pierce County, to provide that the board of education will be elected by the voters of Pierce County; to provide also that the board of education will appoint the county school superintendent of Pierce County; to provide for the powers, duties and responsibilities of the board of education; to provide all procedures connected therewith, and for other purposes. This Act shall be subject to approval of the voters of Pierce County in a referendum. This 13th day of January, 1968. S. D. Nimmer Representative, 84th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. D. Nimmer who, on oath, deposes and says that he is Representative from
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the 84th District, and that the attached copy of notice of intention to introduce local legislation was published in The Blackshear Times which is the official organ of Pierce County, Georgia, on the following dates: January 18, January 25 and February 1, 1968. /s/ S. D. Nimmer Representative, 84th District Sworn to and subscribed before me this 12 day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968. CITY OF CENTERVILLECHARTER AMENDED. No. 893 (House Bill No. 1419). 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), an Act approved March 11, 1964 (Ga. L. 1964, p. 2858), an Act approved March 11, 1964 (Ga. L. 1964, p. 2860), an Act approved March 4, 1966 (Ga. L. 1966, p. 3047), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2521), so as to provide for continuing qualifications for mayor and council; to change the provisions for filling vacancies on the council; to establish the date for council meetings; to provide for the effective date for compensating the mayor and council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended
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by an Act approved March 20, 1963 (Ga. L. 1963, p. 2413), an Act approved March 11, 1964 (Ga. L. 1964, p. 2858), an Act approved March 11, 1964 (Ga. L. 1964, p. 2860), an Act approved March 4, 1966 (Ga. L. 1966, p. 3047), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2521), is hereby amended by adding between section 3 and section 4 a new section to be known as section 3A to read as follows: Section 3A. Requirements for continuing to hold office of councilman and mayor shall be the same as those for becoming a candidate for office. Qualifications. 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. In the event of any vacancy prior to expiration of term in the office of mayor or councilman by death, resignation, or for any other cause, such vacancy or vacancies shall be filled by the holding of a special election within sixty (60) days after such vacancy if more than six (6) months remain in the term of office. If less than six (6) months remain, vacancy or vacancies shall be filled by a majority vote of the remaining officers within thirty (30) days after such vacancy, and in each such case cited, the mayor or councilman, as the case may be, shall take office immediately. Said mayor and councilman shall normally hold regular and open meetings on the first Tuesday of each calendar month and called meetings at such times necessary to conduct the affairs of the city. However, the date of any meeting may be changed if advertised in a newspaper of general circulation at least three (3) days prior to such meeting. Vacancies. Section 3. Said Act is further amended by striking section 4 of an amendatory Act approved April 4, 1967 (Ga. L. 1967, p. 2521), which reads as follows: Section 4. The provisions of this Act relating to the compensation of the mayor and councilmen shall become effective on the first Monday in December, 1969., Repealed.
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in its entirety. Section 4. The provisions of an amendatory Act approved April 4, 1967 (Ga. L. 1967, p. 2521), relating to the compensation of the mayor and councilmen shall become effective immediately upon the approval of this Act by the Governor. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. A bill will be introduced in the 1968 Session of the General Assembly of Georgia to amend the charter of the City of Centerville (1) to provide for the effective date of the compensation of mayor and council; (2) to change the provisions for the filling of vacancies on the council; (3) to establish the date for council meetings and (4) to provide for continuing qualifications for mayor and council. Paul Stalnaker D. C. Peterson Representatives of Houston County Georgia, Houston County. Personally appeared before me this date, Cooper Etheridge, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the legal notice, notice of intention to introduce local legislation, charter amendment, City of Centerville, Ga., was published in The Houston Home Journal on the following dates: Dec. 21 and Dec. 28, 1967, and Jan. 4, 1968. This 18th day of January, 1968. /s/ Cooper Etheridge Publisher, Houston Home Journal, Perry, Georgia.
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Sworn to and subscribed before me this 18th day of January, 1968. /s/ Louise S. Wilder Dep. Clerk, S. C., Ho. Co. Ga. (Seal). Approved March 21, 1968. ABATEMENT OF NUISANCES BY MUNICIPALITIES IN CERTAIN COUNTIES (2,750-3,250). No. 894 (House Bill No. 1429). An Act to provide that any municipality within a county of this State having a population of not less than 2,750 nor more than 3,250 according to the latest United States Decennial Census or any future such census may remove, obliterate, or abate any public or private nuisance found to be on private property in accordance with the provisions of this Act; to provide assessment of costs to the owner of such property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of any municipality within a county having a population of not less than 2,750 nor more than 3,250 according to the latest United States Decennial Census or any future such census may remove, obliterate, or abate any public or private nuisance found to be on private property in accordance with the provisions of this Act. Section 2. The governing authority upon determining that any private property has a public or private nuisance thereon may give written notice to the owner of such property to the effect that said nuisance must be removed, obliterated or abated within thirty days.
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Section 3. In the event said nuisance has not been removed, obliterated or abated within thirty days following said notice, the governing authority of each such municipality is hereby authorized to declare said property to have a public or private nuisance thereon and may enter upon said property and remove, obliterate or abate said nuisance. The costs of removing, abating or obliterating said nuisance shall be assessed to the owner of said property. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1968. WEST GEORGIA AIRPORT AUTHORITY ACT. No. 895 (House Bill No. 1432). An Act to create and establish an Airport Authority in and for the counties of Haralson and Carroll, 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
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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 County of Haralson or the County of Carroll 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 provide an effective date; 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 West Georgia Airport Authority Act. Section 2. West Georgia Airport Authority There is hereby created a body corporate and politic to be known as the West Georgia 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 West Georgia Airport Authority shall be composed of six members who shall be appointed by the governing authority of the Counties of Haralson and Carroll as hereinafter set out. Within thirty days after the approval of this Act, it shall be the duty of
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said governing authorities to appoint the membership of the Authority. The Authority shall be composed of six posts to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5, and Post No. 6. The member from Post No. 1 shall be appointed initially by the governing authority of Carroll County for a term which shall expire December 31, 1974, and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years, and until his successor is appointed and qualified. The member from Post No. 2 shall be appointed by the governing authority of Haralson County for a term which shall expire on December 31, 1973, and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years, and until his successor is appointed and qualified. The member from Post No. 3 shall be appointed by the governing authority of Carroll County for a term which shall expire on December 31, 1972, and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years, and until his successor is appointed and qualified. The member from Post No. 4 shall be appointed by the governing authority of Haralson County for a term which shall expire on December 31, 1971, and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years, and until his successor is appointed and qualified. The member from Post No. 5 shall be appointed by the governing authority of Carroll County for a term which shall expire on December 31, 1970, and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint such member for a term of six years, and until his successor is appointed and qualified. The member from Post No. 6 shall be appointed by the governing authority of Haralson County for a term which shall expire on December 31, 1969 and until his successor is appointed and qualified. Thereafter, the governing authority as hereinafter set out shall appoint one member for a term of six years and until his successor is appointed and qualified. Thereafter, beginning
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with the appointment which expires in 1969, and beginning with Haralson County, the counties shall alternate each year in appointing the regular vacancy to be filled for such year. 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 governing authorities of said Counties, 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 West Georgia Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquision, construction, equipping, maintenance, improving and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities,
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acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, maintenance and operation of such airports, and landing fields for the use of aircraft deemed by the Authority to be necessary, convenient or desirable for the operation of such airports and landing fields within the perimeter of the lands now held and owned by either of said Counties. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation. 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 used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing,
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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. (d) To appoint, select and employ officers, agents and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired and any and all persons, firms and corporations and any and all political 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
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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 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 trustees acting under the trust indenture, are specifically authorized subject from
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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 funds 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 from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments 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,
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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 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 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
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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 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 Insurance, Object of Issuance Such revenue bonds may be issued without any other proceedings or the happenings 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
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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 either Haralson or Carroll Counties, or any municipality therein, but such bonds shall be payable solely from the funds hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said Counties 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 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 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
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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 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
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from whatever source received, which said pledge may include funds received from one or more of 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 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.
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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 contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgement 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 West Georgia 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 Courts of Carroll County or Haralson County, Georgia, and any action pertaining to validation
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of any bonds issued under the provisions of this Act shall likewise be brought in either of said courts, either of which shall have 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 airports and landing field for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 28. Rates, Charges and Revenues; Use The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time
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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 of Georgia, of Haralson County and of Carroll County, shall be liberally construed to effect the purposes hereof. Section 32 . 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 of easement for the purpose of carrying out the provisions of this Act, any such condemnation shall be conducted in accordance with the laws of this State. Eminent domain. Section 33. Jurisdiction All property, the title to which shall vest in said Authority shall be subject to the jurisdiction of the county wherein such property shall lie. Section 34. 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
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jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 35 . The effective date of this law shall be upon approval of same by the Governor. Section 36 . 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 1968 Session of the General Assembly of Georgia, a bill to create an Airport Authority for the counties of Carroll and Haralson; to provide the procedure connected therewith; and for other purposes. This 11 day of January, 1968. Thomas B. Murphy Representative, Haralson County William J. Wiggins Representative, Carroll County Jack E. Threadgill Representative, Carroll County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Wiggins who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Journal which is the official organ of Haralson County, on the following dates: January 17, 25 and February 1, 1968. /s/ William J. Wiggins Representative, 32nd District
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Sworn to and subscribed before me this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1968, Session of the General Assembly of Georgia, a bill to create an Airport Authority for the counties of Carroll and Haralson; to provide the procedure connected therewith; and for other purposes. This 11th day of January, 1968. s/ Thomas B. Murphy Representative, Haralson County s/ Jack Threadgill Representative, Carroll County s/ William J. Wiggins Representative, Carroll County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Wiggins who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 18, 25 and February 1, 1968. /s/ William J. Wiggins Representative, 32nd District
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Sworn to and subscribed before me this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. SYLVANIA-SCREVEN AIRPORT AUTHORITY ACT. No. 896 (House Bill No. 1446). An Act to create the Sylvania-Screven Airport Authority; to fix and prescribe the number, qualifications, manner of selection, term of office and the compensation of the members of the Sylvania-Screven Airport Authority; to prescribe the powers, duties and authorities of said Authority; to provide that the land contained in the Sylvania-Screven Airport shall be conveyed to said Authority; to provide how the revenues received by said Authority shall be used; to provide for the immunity and exemption from tort liability; to provide that the Authority may be sued on contractual obligations; to provide for the exemption of certain property from levy and sale; to provide for certain immunity from taxation; to provide the purpose for which the Authority is created; to provide for the reversion of certain property upon dissolution of the Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Authority shall be composed of four (4) members, two members shall be appointed by the mayor and council of the City of Sylvania, and two members shall be appointed by a majority vote of the board of commissioners of roads and revenues for Screven County. The Authority
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so constituted shall elect its own chairman annually from the membership of the Authority. The terms of the first members of said Authority shall be as follows: The members appointed by the mayor and council shall be for two (2) years. The members appointed by the commissioners of roads and revenues shall be for three (3) years. Thereafter, all members appointed shall serve for a term of four (4) years and until their successors are appointed or elected and qualified. To qualify for appointment as a member of this Authority, a person shall have been a resident of Screven County for a period of not less than five (5) years. Members, etc. Section 2. The members of the Authority shall draw no compensation but shall be allowed only actual expenses that are incurred on behalf of said Authority outside the limits of Screven County. Compensation. Section 3. The Authority shall have the following powers: (a) To manage, supervise and control any airports or landing fields owned jointly by the City of Sylvania and County of Screven or any interest therein and direct and control the construction, equipment, improvement, maintenance and operation thereof, including the adoption and enforcement of rules and regulations and the fixing and establishing of charges, fees and tolls for the use of such airports or landing fields and lands adjacent thereto. Powers. (b) To lease or assign to private persons, firms, corporations, governmental agencies or political subdivisions all or any portion of the space, area and improvements of and equipment not previously leased or assigned or encumbered or optional prior to this Act, of such airports or landing fields, provided the public is protected in its rightful, equal and uniform use of such airports or landing fields. Said Authority shall have no right to sell such airports or landing fields or any portion thereof, the right to do so being expressly reserved to the governing authorities of said city and county.
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(c) To control and spend any funds that may be appropriated to it by said city and county for the construction, development, maintenance, improvement and operation of such airports or landing fields; provided, however, that no funds appropriated by either the city or the county shall be spent until both the city and county shall have appropriated and actually deposited with said Authority such appropriations. (d) To keep separate books and accounts showing receipts from all sources and expenditures for all purposes and to deposit all funds received by it, including appropriations that may be made by said city and county and all revenues from the operation or lease of such airports or landing fields, in a bank in Screven County named as depository by the Authority. (e) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and to offer as collateral the assignment of revenues, tolls, charges and proceeds of any rental lease or option, now existing or any part thereof. (f) To issue revenue bonds or obligations for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate of Law of 1937 (Ga. L. 1937, pp. 761-774), as amended, with reference to the issuance of bonds and validation of same insofar as such pertains to the corporate purposes of the Authority. (g) To contract with Screven County and the City of Sylvania and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name. (h) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be
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members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority. (i) To receive and administer gifts, grants and donations and to administer trusts; (j) To do any and all Acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. Section 4. All land area contained in the Sylvania-Screven Airport shall be conveyed by deed to the Sylvania-Screven Airport Authority. The contracts, options, commitments and leases that have been heretofore entered into and executed by the City of Sylvania and the County of Screven relating to the Sylvania-Screven Airport are hereby expressly ratified, confirmed and transferred as part of the Authority, its duties, rights and obligations. Sylvania-Screven Airport. Section 5. All fees, charges, tolls, rentals or other revenues derived from the operation or lease of such airports or landing fields shall be used by said Authority to meet in whole or in part the expenses of operations and maintenance of such airports or landing fields. In the event the revenue from the operation or lease of such airports or landing fields exceeds the expenses of operation and maintenance, such excess shall be used for further developments, improvements on the equipment of such airports or landing fields and if not so used may, at the discretion of the Authority, be paid to said city and county in proporation to their respective interests therein. Funds. Section 6. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia; and the officers, agents and employeees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Tort liability, contracts.
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Section 7. The property of the Authority shall not be subject to levy and sale under legal process, except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property. Section 8. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Screven County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. Section 9. The Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare the Sylvania-Screven airports. Said Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia, Screven County or the City of Sylvania. Purpose. Section 10. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Screven County and the City of Sylvania, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that I will introduce a bill in the 1968 session of the General Assembly to create and establish the Sylvania-Screven County Airport Authority in Screven County, Georgia; to provide for appointment of members of the Authority and to confer powers and impose duties thereon; and for other purposes.
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This 9th day of January, 1968. /s/ H. Walstein Parker Representative from Screven County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Walstein Parker who, on oath, deposes and says that he is Representative from the 55th District, and that the attached copy of notice of intention to introduce local legislation was published in The Sylvania Telephone which is the official organ of Screven County, on the following dates: January 12, 19, 26, 1968. H. Walstein Parker Representative, 55th District Sworn to and subscribed before me, this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CHATTOOGA COUNTYCOMPENSATION OF DEPUTY SHERIFFS, JAILER. No. 897 (House Bill No. 1454). An Act to amend an Act placing the sheriff of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2996), as amended by an Act approved March 7, 1966 (Ga. L. 1966, p. 3325), so as to change the
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compensation of the chief deputy, one deputy sheriff and the jailer; 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 Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2996), as amended by an Act approved March 7, 1966 (Ga. L. 1966, p. 3325), is hereby amended by striking from section 2 the words and figures four thousand eight hundred dollars ($4,800.00) and inserting in lieu thereof the words and figures five thousand four hundred dollars ($5,400.00) and by striking the words and figures three thousand six hundred dollars ($3,600.00) as it appears in the second sentence and inserting in lieu thereof the words and figures four thousand eight hundred dollars ($4,800.00) and by striking the words and figures three thousand six hundred dollars ($3,600.00) as it appears in the third sentence and inserting in lieu thereof the words and figures four thousand two hundred dollars ($4,200.00) so that when so amended section 2 shall read as follows: 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 not to exceed five thousand four hundred dollars ($5,400.00) 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 four thousand eight hundred dollars ($4,800.00) 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 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. Said jailer shall act as clerk for the sheriff's office and shall keep complete, adequate and current records for said office and shall submit such records to the governing authority of Chattooga County on a monthly basis.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia a bill to change the compensation of the deputy sheriffs and jailer of Chattooga County; and for other purposes. This 23rd day of January, 1968. James H. Floyd Representative, 7th District 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 the 7th District, 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 Chattooga County, on the following dates: January 25, February 1, 8, 1968. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
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CITY OF MACONCHARTER AMENDED. No. 899 (House Bill No. 1481). An Act to amend an Act creating a new charter for the City of Macon, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2728), so as to change the time the mayor and aldermen shall take office; to authorize the city recorder to dispose of condemned firearms in any manner provided by the mayor and aldermen; to require that records be kept of business transactions; 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 Macon, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2728), is hereby amended by striking section 21 in its entirety and inserting in lieu thereof a new section 21 to read as follows: Section 21. The persons elected as mayor and aldermen in 1971 shall take office on the first Wednesday after their election and shall serve until the second Tuesday in December of 1975. Thereafter, the mayor and aldermen shall take office on the second Tuesday of December following their election. The mayor and each alderman so elected shall take and subscribed before some judge or justice of the peace the following oath: Terms of mayor and aldermen, etc. `I, do solemnly swear that I will well and truly perform the duties of mayor, or member of the council, as the case may be, by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Macon and the common interest thereof; so help me God.' Section 2. Said Act is further amended by striking in subsection (c) of section 46 the following:
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should said recorder find as a fact that said firearm is a danger to any person firing or attempting to fire same, as aforesaid, it shall be his duty to order the immediate destruction thereof by the clerk of said court. Any other firearm so condemned by said recorder shall, upon order of the recorder, be delivered to the city marshal for sale at public outcry under the same procedure as property seized under a tax fi. fa. is sold., and inserting in lieu thereof the following: said recorder is hereby authorized to dispose of said firearms in any manner authorized by ordinance of the mayor and council of the City of Macon., so that when so amended subsection (c) of section 46 shall read as follows: (c). Whenever, upon the trial of any case in the recorder's court of the City of Macon, it is determined by the recorder that any pistol, shotgun, rifle or other firearm has been used by the owner thereof, or with the owner's consent, illegally and that said firearm is not needed as evidence in any other court, said recorder is authorized and empowered, in his discretion, either to order said firearm impounded for a definite or indefinite time, as he may prescribe, or to adjudge said firearm in be a nuisance and to condemn the same as such, as being opposed to the peace, good order and safety of the city and its citizens. All firearms, which are ordered impounded by the recorder shall be held in safekeeping by the clerk of said court to await the further order of the recorder. In all cases in which firearms are condemned by the recorder, said recorder is hereby authorized to dispose of said firearms in any manner authorized by ordinance of the mayor and council of the City of Macon. Firearms impounded. Section 3. Said Act is further amended by inserting a new section to be designated as section 34A to read as follows: Section 34A. The mayor and council of the City of Macon are hereby authorized and directed to promulgate
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rules and regulations as to the manner in which the business transactions of said city shall be recorded. It shall be the duty of the mayor and council to keep a record of such business transactions in accordance with the rules and regulations promulgated by said mayor and council. Records. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given of the application to the General Assembly of Georgia, 1968 Session, for the passage of a bill entitled, to-wit: A bill to be entitled: An act to amend an act 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 become necessary or proper, all the acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said act of 1914 and the acts amendatory thereof; and for other purposes, approved August 3, 1927 (Ga. L. 1927, p. 1283) as amended and especially to amend Sec. 25 pertaining to the time of the taking of office of mayor and aldermen and especially Sec. 67 pertaining to the disposal of firearms and especially to add a requirement that the city be required to keep a record of its business transactions and for other purposes. This the 13th day of January, 1968. Carr G. Dodson 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
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has been published in The Macon News on the following dates: January 16, 23, 30, 1968. /s/ Mary Jean Goette Sworn to and subscribed before me, this 30th day of January, 1968. /s/ Hugh Harper Notary Public, Bibb County, Georgia. My Commission expires Jan. 26, 1970. (Seal). Approved March 21, 1968. CITY OF GLENWOODMAYOR AND COUNCILMEN. No. 900 (House Bill No. 1491). An Act to amend an Act creating a new charter for the City of Glenwood, approved March 21, 1958 (Ga. L. 1958, p. 2935), so as to change the qualifications of the mayor and councilmen; to change the term of office of the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Glenwood, approved March 21, 1958 (Ga. L. 1958, p. 2935), 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 government of said city shall be vested in a city council composed of a mayor and five councilmen. No person shall be eligible to be the mayor or a councilman unless at the time of his election he shall have been a resident of the City of Glenwood for one year, a freeholder and registered and qualified to vote in the county elections of Wheeler County. The present incumbents as mayor and
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councilmen shall continue in office as the mayor and councilmen of the City of Glenwood under the provisions of this charter until an election shall be held and their successors are qualified. An election shall be held at the council chamber, or such other place in said city as the mayor of said city shall direct and designate, on the second Saturday in December, 1968, and on the second Saturday in December every two years thereafter, for the election of the mayor and five councilmen, who shall hold office for two years, beginning January 1st, next after their election and until their successors are elected and qualified. Should there fail to be an election held in said city at the time above specified from any cause whatever, the mayor of said city shall order an election held in said city by posting a notice in three public places and advertising said notice in any public gazette having circulation in said city; said notice shall be posted ten days before said election. The polls at all elections under this charter shall not open before ten o'clock a.m., and shall be closed at four o'clock p.m. The qualifications of voters at such elections shall be such as are required for electors for the General Assembly, and in addition thereto, residence within the corporate limits of said city for six months next preceding the election. Qualifications, elections, etc. Section 2. Said Act is further amended by striking the first paragraph of Section 4 in its entirety and inserting in lieu thereof a new paragraph to read as follows: Section 4. The mayor and councilmen who are elected in the election held on the second Saturday in December, 1968, and at the same time each two years thereafter shall hold their offices for two years, beginning on January 1st next after said election and until their successors are duly elected and qualified. Terms. 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 regular 1968 session of the General Assembly of Georgia a bill to amend the Charter of the City of Glenwood, so as
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to change the qualifications of the Mayor and Councilmen; to change the term of office for the Mayor and Councilmen; and for other purposes. This 30th day of January, 1968. /s/ Joe C. Underwood Representative 61st District I, Gwendolyn B. Cox, Editor and Publisher of The Wheeler County Eagle, Official Organ of Wheeler County, solemnly swear the attached notice of Legislation ran in Wheeler County Eagle three issues, January 26, February 2, February, 9, 1968. Gwendolyn B. Cox, Editor Publisher Wheeler County Eagle Alamo, Georgia /s/ Mary D. Dixon Notary (Seal). Approved March 21, 1968. STEWART COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES. No. 901 (House Bill No. 1500). An Act to amend an Act creating the office of commissioner of roads and revenues of the County of Stewart, approved August 20, 1927 (Ga. L. 1927, p. 654), as amended, so as to change the compensation paid to the commissioner of roads and revenues; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Whereas, the grand jury in Stewart County recommended that the compensation of the commissioner of roads and revenues be increased. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues of the County of Stewart, approved August 20, 1927 (Ga. L. 1927, p. 654), 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: `Section 9. The commissioner of roads and revenues of Stewart County shall receive an annual salary between five thousand five hundred ($5,500.00) dollars and seven thousand seven hundred ($7,700.00) dollars, payable in equal monthly installments from the funds of said county. The exact amount of said salary shall be fixed by any grand jury sitting at any time after this Act becomes effective, with the approval of the governing authority of said county. Section 2. This Act shall become effective beginning with the next term of office of the commissioner of roads and revenues in said county. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Stewart County. Pursuant to the recommendation of the Stewart County grand jury, notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an act creating the office of commissioner of roads and revenues of Stewart County, approved August 20, 1927, Georgia Laws 1927, page 654 as amended, so as to change the compensation of said commissioner,
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and for other purposes. This the 6th day of January, 1968. J. Lucius Black, Representative the Sixth District of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in The Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: January 18, 25 and February 1, 8, 1968. J. Lucius Black Representative, 6th District Sworn to and subscribed before me, this 15th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. CITY OF COVINGTONCONFLICTS OF INTEREST, CRIMES. No. 902 (House Bill No. 1509). An Act to amend an Act repealing an Act incorporating the City of Covington and Creating a new charter to the City of Covington, approved January 30, 1962 (Ga. L. 1962, p. 2003), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 3072), an Act approved February 28,
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1966 (Ga. L. 1966, p. 2437), and an Act approved April 18, 1967 (Ga. L. 1967, p. 3157), so as to provide certain limitations on the conduct of the members of the council, the mayor, other city officials and employees; to provide certain limitations on the conduct of persons when dealing with the mayor, council and any other officials or employees of the city; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing an Act incorporating the City of Covington and creating a new charter to the City of Covington, approved January 30, 1962 (Ga. L. 1962, p. 2003), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 3072), an Act approved February 28, 1966 (Ga. L. 1966, p. 2437), and an Act approved April 18, 1967 (Ga. L. 1967, p. 3157), is hereby amended by striking section 32 in its entirety and inserting in lieu thereof a new section 32 to read as follows: Section 32. No member of the council, the mayor, nor any officials or employees of the city: (a) Shall in any official capacity, ask, accept or receive any money, or any check, order, contract, promise undertaking, obligation, guaranty, or security, for the payment of money, or for the delivery or conveyance of anything of value, with the intent of procuring or attempting to procure the passage or defeat of any ordinance, resolution or other action by the governing authority of the city. (b) Who is an officer, agent or member of, or interested in the pecuniary profits or contracts of any corporation, joint stock company, or association or of any firm, partnership, sole proprietorship or other business entity, and is entitled to receive compensation in his official capacity or for his official duties, shall not for himself or in behalf of any of the aforesaid business entities sell any goods, wares or merchandise, personal property or other chattels to the city in excess of $100.00 unless sold as a result of bona fide competitive bidding. Any contract or sale in violation of this section is null and void.
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(c) Shall accept money, or anything of value, in addition to his legally authorized compensation, from any source, as an inducement to perform his duty, or to refrain from performing his duty. (d) Shall embezzle or convert to his own use the money or property of another which comes into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or employee. (e) Shall knowingly make any false statement, false representative or false report as to the character, quality, quantity, or cost of any material used or to be used by the city or the quantity or quality of the work performed or to be performed for the city or knowingly make any false statement, false representation, or false report or claim for work or materials furnished to the city with intent to defraud the city. (f) Shall enter into any contract, combination, or conspiracy, in restraint of trade or in restraint of free and open competition in any transaction with the city whether said transaction be for goods, material or services. (g) Shall embezzle, steal, purloin, or knowingly convert to his use or the use of another, or without authority sell, convey or dispose of any record, voucher, money, or thing of value belonging to the city or any property made or being made under contract for the city or receive, conceal, or retain the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted. (h) Shall receive public money which is not authorized to be retained as salary, pay, or other emolument. (i) Shall loan, use, or convert to his own use, or deposit in any bank or exchange for other funds, except as specially allowed by law, any portion of the public moneys entrusted to him for safekeeping.
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(j) Shall by force, intimidation, or actual threat of procuring dismissal from employment with the city, induce any employee of the city to give up any part of the compensation to which he is entitled under the terms of his employment. (k) Shall in any matter within the jurisdiction of any department or agency of the city knowingly and wilfully falsify, conceal, or cover up by any trick, scheme, or device a material fact, or make any false, fictitious or fradulent statement or representation, or make or use any false writing or document knowing the same to contain any false, fictitious or fradulent statement or entry, with intent to defraud the city. (l) Shall carry on any personal trade or business with the funds of the city. Any person who violates the provisions of this section shall, upon conviction, be punished as provided in section 27-2506 of the Georgia Code. Section 2. Said Act is further amended by adding between sections 32 and 33 a new section to be known as section 32A, to read as follows: Section 32A. (a) No person shall promise, offer, or give money or thing of value, or make or tender any check, order, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value to any officer or employee or person acting for or on behalf of the city with intent to influence his decision or action on any question, matter, cause or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud on the city or to induce him to do or omit to do any act in violation of his lawful duty. Any person who violates the provisions of this section shall,
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upon conviction, be punished as provided in section 27-2506 of the Georgia Code. (b) Any contract, option, or transaction of whatever nature made in violation of the provisions of this Act shall be null and void at the discretion of the Mayor and Council in the same manner provided for the making of contracts by the mayor and council. (c) Any monies, favors, or gratuities received of third parties, whether upon a contract, option, or transaction which is illegal within the terms of this Act, or whether upon a contract, option, or transaction voidable, or void, within the terms of this Act, is hereby declared to be forfeited by the receiver thereof and to be the property of the City of Covington and further declared to be payable to the Treasury of the City of Covington. (d) Upon the making of sworn affidavit by any freeholder or taxpayer of the City of Covington naming any elected member of the mayor and council or any official or employee who has violated these sections and setting out the violations therein: Said matter shall be brought before the mayor and council at its next regular meeting date for the determination of violations hereunder. Should the mayor and council, after having information brought before the meeting, find probable cause as to the guilt of the accused so charged or accused under this section, said accused shall immediately be suspended. Any person or persons so charged or accused under this section shall have the right to a hearing before the mayor and council and shall further have the right to introduce such evidence and such witnesses as he may deem just and proper. 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 herewith given that there will be introduced into the 1968 session of the Georgia Legislature a bill to
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amend an Act repealing an Act Incorporating the City of Covington and granting a new charter to the City of Covington, so as to set forth clearly the provisions relating to the conduct by officers, agents, and employees of the City of Covington and requiring the strict compliance by all such persons with Georgia Laws 1964, pages 261 et sequitur, and amending the charter of the City of Covington so as to conform thereto, the same relating to officers, agents and employees influencing legislation; doing business with the city; accepting remunerations in addition to compensation provided by law; converting property of city to his own use; the making of false statements in relation to contracts or projects; conspiring to restrain free and open competition in any transaction with the city; the embezzling, stealing, purloining or knowingly converting city property to his own use; wilfully failing to account for public money; misusing of public funds; acting under color or pretence for extortion or attempt to extort money or goods; accepting of kickbacks; the making or causing to be made, or the concealing of, false statements as to a material fact, including the making of any false entry; making personal use of public funds; offering or accepting bribes; and for other purposes. This 15th day of January, 1968. W. D. Ballard Representative 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he is Representative from the 37th District, and that the attached copy of notice of intention to introduce local legislation was published in the Covington News which is the official organ of Newton County, on the following dates: January 18, 25 and February 1, 1968. W. D. Ballard Representative, 37th District
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Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. WASHINGTON COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 903 (House Bill No. 1515). An Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, approved March 12, 1965 (Ga. L. 1965, p. 2392), so as to change the compensation of the clerk of the superior court of Washington County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, approved March 12, 1965 (Ga. L. 1965, p. 2392), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The clerk of the superior court of Washington County shall receive an annual salary of $16,500, payable in equal monthly installments from funds of Washington County. It is specifically declared that the annual salary provided herein for the clerk of the superior court shall be in lieu of all fees, fines forfeitures, moneys, salaries and all other emoluments and perquisites of whatever kind formerly allowed him as compensation for services in any capacity.
Page 2809
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 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the clerk of superior court of Washington County and for other purposes. This 29th day of January, 1968. Francis A. Joiner Representative District 48, Post 1 Emory L. Rowland Representative District 48, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory L. Rowland who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: February 1, 8, 15, 1968. Emory L. Rowland Representative, 48th District Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968.
Page 2810
WILKES COUNTYSALARY OF DEPUTY CLERK OF SUPERIOR COURT. No. 905 (House Bill No. 1521). 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 the fee system of compensation, approved April 2, 1963, (Ga. L. 1963, p. 2803), as amended by an Act approved March 10, 1964 (Ga. L. 1964, p. 2633), so as to change the compensation of the deputy clerk of the superior 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 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), as amended by an Act approved March 10, 1964 (Ga. L. 1964, p. 2633), is hereby amended by striking from section 3 the figure $3,000.00 and inserting in lieu thereof the figure $3,500.00 so that section 3 when so amended shall read as follows: Section 3. The clerk of the superior court shall receive an annual salary of $5,500.00 per annum, payable in twelve equal monthly installments, to be paid on the last business day of each calendar month from the funds of Wilkes County. The clerk shall be authorized to appoint a deputy clerk who shall serve at the pleasure of the clerk, and who shall receive as compensation for his services as such the sum of $3,500.00 per annum, payable in the same manner as the clerk's salary. The clerk's office shall be furnished with all necessary office equipment and supplies required for the efficient maintenance of the clerk's office by the board of commissioners of Wilkes County, payable from county funds. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law.
Page 2811
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 regular 1968 Session of the General Assembly of Georgia a bill to change the compensation of the deputy clerk of the superior court of Wilkes County, Georgia from $3,000 to $3,500.00 per annum; and for other purposes. This 5th day of February, 1968. Ben B. Ross, Representative, 31st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross who, on oath, deposes and says that he is Representative from the 31st District, 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 Wilkes County, on the following dates: February 8, 15, and 22, 1968. /s/ Ben B. Ross Representative, 31st District Sworn to and subscribed before me, this 26 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 21, 1968.
Page 2812
CITY OF LAWRENCEVILLECORPORATE LIMITS. No. 906 (House Bill No. 1590). An Act to amend the Act of the General Assembly of Georgia, Approved Aug. 19, 1912 (Ga. L. 1912 p. 1043, et seq.) as heretofore amended, creating a new charter for the City of Lawrenceville, Georgia, so as to redefine the city limits thereof and add new territory thereto, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act that section 3 of the Act of the General Assembly of Georgia, Approved Aug. 19, 1912, creating a new charter of the City of Lawrenceville, Georgia, as the same has heretofore been amended, be and the same is, hereby amended by adding to said section at the end thereof the following: The corporate limits of said City of Lawrenceville shall also include the following described property, to-wit: All that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia, described as follows: Beginning at a point where the present city limits of said city intersects the center line of the Lawrenceville-Grayson Highway and running thence in a southerly direction along the center line of the Lawrenceville-Grayson Highway to the point where the center line of Moon Road, if projected, would intersect said center line of the Lawrenceville-Grayson Highway; thence westerly along the meanderings of the center line of Moon Road to the right of way on the west side of the Georgia Power Company easement for its high tension transmission line located in land lot 116 of the 5th land district of Gwinnett County, Georgia; thence northwesterly along the west side of the Georgia Power Company's easement through land lots 116, 115, 114 and into 113 to the center line of the main tract of the Seaboard Airline Railroad; thence easterly along the center line of the main tract of the Seaboard Airline Railroad
Page 2813
to the present city limits of Lawrenceville, Georgia; thence south and southeasterly along the present city limits of the City of Lawrenceville to the center line of the Lawrenceville-Grayson Highway. The corporate limits of said City of Lawrenceville shall also include the following described property, to-wit: All that tract or parcel of land lying and being in the 5th land district of Gwinnett County, Georgia, described as follows: Beginning at a point where the present city limits of said city intersects the center line of the Lawrenceville-Buford Highway (Ga. Highway No. 20) and running thence in a northerly direction along the center line of the said Lawrenceville-Buford Highway to the point where the center line of Hurricane Shoals Road intersects the center line of the Lawrenceville-Buford Highway; thence in a westerly direction along the center line of the Hurricane Shoals Road to where the present city limits of the City of Lawrenceville intersects the center line of Hurricane Shoals Road; thence southeasterly along the present city limits of the City of Lawrenceville to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notices of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Proposed Legislation. There will be introduced at the 1968 session of the General Assembly of Georgia, a Bill to amend the charter of the City of Lawrenceville, Georgia, so as to redefine the
Page 2814
city limits thereof and to add new territory thereto. This the 22nd day of January, 1968. Mayor and Council of the City of Lawrenceville, Georgia. State of Georgia, County of Gwinnett. Before me the undersigned officer, duly authorized to administer oaths, personally appeared Robert D. Fowler, who after being duly sworn, deposes, says and certifies that he is editor and publisher of the Gwinnett Daily News, a newspaper published in said county, and in which the advertisements of the sheriff of said county are published and that the attached notice of proposed legislation has been published in the Gwinnett Daily News on the following dates; January 26, 1968, February 2, 1968; and February 9, 1968. /s/ Robert Fowler Sworn to and subscribed before me, this the 15th day of February, 1968. /s/ A. F. Duncan Notary Public, Gwinnett Co., Ga. (Seal). Approved March 21, 1968. TOWN OF IRON CITYTERMS OF MAYOR AND ALDERMEN. No. 907 (House Bill No. 1591). An Act to amend an Act creating a new charter for the Town of Iron City in the County of Seminole, approved August 17, 1908 (Ga. L. 1908, p. 752), as amended, so as to change the date for electing the mayor and aldermen; to repeal conflicting laws; and for other purposes.
Page 2815
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Iron City in the County of Seminole, approved August 17, 1908 (Ga. L. 1908, p. 752), as amended, is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The term of the mayor of said Town of Iron City shall be two years and until his successor is elected and qualified, and the first election for mayor under this Act shall be on the first Tuesday in December, 1962, and thereafter on the first Tuesday in October in the year the election for mayor is held. The term of each alderman of said town shall be for two years and until his successor is elected and qualified and the first election under this Act for alderman shall be held on the first Tuesday in December, 1952, and thereafter on the first Tuesday in October in the year elections are held for aldermen. The terms of the aldermen shall be staggered so that two aldermen shall be elected every two years. In order to provide staggered terms, the two candidates for aldermen receiving the highest number of popular votes in the first election under this Act on the first Tuesday in December, 1952, shall be elected for terms of two years and until their successors are elected and qualified. The two candidates for alderman receiving the next highest number of popular votes in the first election under this Act on the first Tuesday in December, 1952, shall be elected for terms of one year and until their successors are elected and qualified. Thereafter, all terms for aldermen shall be for the period as herein prescribed. A mayor pro tem. shall be elected by the board of aldermen. In the event a vacancy occurs in the office of mayor or councilmen by reason of resignation, removal from the town, death or otherwise, the council shall order an election to fill said vacancy, which election shall not be held in less than ten days from the date of said vacancy, and as soon as practicable after said vacancy occurs, notice of which election shall be published once in a newspaper in said town, if there is a paper published in said town, and by posting a written notice at one or more public places in said town; said election shall be held and managed, returns made and results declared in
Page 2816
the same manner as regular elections as hereinafter provided; provided, however, that if a vacancy occurs in the office of mayor or aldermen within less than three months from the date of the next election, the town council themselves select and elect some fit and proper person for said vacancy. If the office of mayor pro tem. shall for any cause become vacant, the town council shall elect one of the remaining aldermen as mayor pro tem. for the unexpired term. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I shall introduce a Bill in the 1968 Session of the General Assembly of Georgia to amend the charter of the Town of Iron City changing the date of the general election provided for therein. This 15th day of January, 1968. Donald L. Kirksey, Representative, 87th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald R. Kirksey who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of notice of intention to introduce local legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: January 11, 18, and 25, 1968. s/ Donald R. Kirksey Representative, 87th District
Page 2817
Sworn to and subscribed before me, this 14th day of February, 1968. s/ Edna R. Boone Notary Public, Georgia, State at Large. My Commission expires Jan. 10, 1972. (Seal). Approved March 21, 1968. CIVIL AND CRIMINAL COURT OF GRADY COUNTYPUBLICATION OF SALARIES. No. 908 (House Bill No. 1594). An Act to amend an Act establishing the City Court of Cairo in Grady County, approved August 8, 1906 (Ga. L. 1906, p. 191), as amended, by an Act approved August 19, 1919 (Ga. L. 1919, p. 442), an Act approved August 19, 1922 (Ga. L. 1922, p. 234), an Act approved July 27, 1929 (Ga. L. 1929, p. 383), an Act approved February 15, 1933 (Ga. L. 1933, p. 313), an Act approved March 2, 1935 (Ga. L. 1935, p. 514), an Act approved February 10, 1937 (Ga. L. 1937, p. 1170), an Act approved February 10, 1939 (Ga. L. 1939, p. 453), an Act approved February 8, 1949 (Ga. L. 1949, p. 304), an Act approved February 17, 1950 (Ga. L. 1950, p. 2831), an Act approved December 17, 1953 (Ga. L. 1953, Nov-Dec. Sess., p. 2554), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2389), so as to provide for fixing and publishing the salaries of the judge, solicitor and clerk 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 Cairo in Grady County, approved August 8, 1906 (Ga. L. 1906, p. 191), as amended, by an Act approved August 19, 1919 (Ga. L. 1919, p. 442), an Act approved August 19, 1922 (Ga. L. 1922, p. 234), an Act approved July 27, 1929 (Ga. L. 1929, p. 383), an Act approved February 15, 1933 (Ga. L. 1933, p. 313),
Page 2818
an Act approved March 2, 1935 (Ga. L. 1935, p. 514), an Act approved February 10, 1937 (Ga. L. 1937, p. 1170), an Act approved February 10, 1939 (Ga. L. 1939, p. 453), an Act approved February 8, 1949 (Ga. L. 1949, p. 304), an Act approved February 17, 1950 (Ga. L. 1950, p. 2831), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2554), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2389), is hereby amended by inserting prior to section 2 a new section to be designated as section 1B to read as follows: Section 1B. The exact amount of the annual salary of the judge, the solicitor, and the clerk of the Civil and Criminal Court of Grady County shall be fixed, determined, and published by the governing authority of said county at a date no sooner than ninety (90) days, and no later than sixty (60) days immediately prior to the closing date for qualifying for the general primary in which candidates may qualify for the respective offices. The salaries as so determined and published shall not be diminished thereafter during the term of office, but may be increased by the governing authority of said county, if otherwise permissible under the terms of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Grady County. Personally appeared before me, H. H. Wind, Jr., who, being duly sworn, says that he is the publisher of The Cairo Messenger, a newspaper of general circulation and in which the advertising of the Grady County sheriff is published, and that the following notice, to wit: Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act establishing the City Court of Cairo in Grady Countynow the Civil and Criminal Court of Grady Countyapproved August 8, 1906 (Ga. L. 1906,
Page 2819
p. 191), as amended so as to provide for the determination and publishing by the governing authority of Grady County of the compensation and salaries to be paid the judge, solicitor, and clerk of said court; and for other purposes. This 30th day of January, 1968. W. H. Chason County Attorney, Grady County is a true and accurate copy of an advertising of notice to introduce local legislation, the said advertisements having been published on February 2, 9, and 16, of 1968. s/ H. H. Wind, Jr. Publisher The Cairo Messenger Sworn to and subscribed before me, this 16th day of February, 1968. s/ Clara Jean Faircloth Notary Public, Grady County, Ga. My Commission expires Dec. 28, 1970. (Seal). Approved March 21, 1968. GRADY COUNTYSALARIES OF SHERIFF'S EMPLOYEES. No. 909 (House Bill No. 1595). An Act to amend an Act abolishing the mode of compensating the sheriff of Grady County known as the fee system and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2912), so as to change the salary schedule of the chief deputy and the clerk; to change the dates for publishing the salary
Page 2820
schedule; to provide for increasing salaries payable to the sheriff and his personnel by a majority vote of the board of commissioners of said county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the mode of compensating the sheriff of Grady County known as the fee system and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2912), is hereby amended by striking subsection (b) of section 4 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The chief deputy shall be compensated monthly at a rate based on an annual salary scale of not less than $3,000.00, but not to exceed the sum of $7,000.00. Chief deputy. Section 2. Said Act is further amended by striking subsection (c) of section 4 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) The clerk shall be compensated monthly at a rate based on an annual salary scale of not less than $2,000.00, but not to exceed the sum of $4,000.00. Clerk. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The exact amount of the annual salary of the sheriff, and the salaries of the chief deputy and the clerk as above set out, shall be fixed by the governing authority of Grady County, and during the present sheriff's term all salaries may be amended as often as desired; however, at a date no sooner than ninety (90) days, and no later than sixty (60) days immediately prior to the closing date for qualifying for the general primary in which candidates may qualify for the office of sheriff of Grady County, and for each term thereafter, the governing authority of said county shall determine and publish the salary schedule of
Page 2821
the sheriff, the chief deputy and the clerk. The salaries as determined shall not be diminished thereafter during the term of office of the sheriff, but may be increased by the board of commissioners of said county, if otherwise permissible under the terms of this Act. Procedure. Section 4. This Act shall become effective upon its approval by the Governor or otherwise becoming law. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Grady County. Personally appeared before me, H. H. Wind, Jr., who, being duly sworn, says that he is the publisher of The Cairo Messenger, newspaper of general circulation and in which the advertising of the Grady County sheriff is published, and that the following notice, to wit: Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Grady County, his deputies, and office personnel on a salary basis approved March 30, 1965 (Ga. L. 1965, p. 2912), so as to change the salary scale of the chief deputy and the clerk; and to provide for a change in the method of increasing salaries payable to the sheriff, his deputy, and office clerk from that of an unanimous vote to a majority vote of the board of commissioners; and for other purposes. This 30th day of January, 1968. W. H. Chason County Attorney, Grady County is a true and accurate copy of an advertising of notice to
Page 2822
introduce local legislation, the said advertisements having been published on February 2, 9, and 16, of 1968. /s/ W. H. Winn, Jr. Publisher The Cairo Messenger Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Clara Jean Faircloth Notary Public, Grady County, Ga. My Commission expires Dec. 28, 1970. Approved March 21, 1968. IRWIN COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 910 (House Bill No. 1641). An Act to consolidate the offices of tax receiver and tax collector of Irwin County into the single office of tax commissioner of Irwin County; to provide for the rights, duties and liabilities of the tax commissioner; to provide for additional duties; 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 that all fees, commissions, costs, fines, forfeitures, allowances, penalties, funds, monies and perquisites of said officer shall become the property of Irwin County and the City of Ocilla with certain exceptions; to provide for personnel in the office of the Tax Commissioner; to provide for the method of selecting and compensating such personnel; to provide for duties of such personnel; to provide for an oath and a bond; to provide for bonds for employees of the tax commissioner; to make provisions relative to taxes and tax fi. fas.; to provide for the payment of the expenses of the tax commissioner; to provide
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for a referendum; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Irwin County are hereby consolidated and combined into the single office of the tax commissioner of Irwin County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon the tax receivers and tax collectors by the laws of this State. The tax commissioner shall also collect ad valorem taxes for the City of Ocilla. Created, duties. 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 Irwin County in 1968. The person so elected shall take office on the first day of January following his election and he shall serve until December 31, 1972, 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 Irwin County, and their terms of office shall continue through December 31, 1968. Election, term, etc. Section 3. If a vacancy should occur in the office of tax commissioner for any reason, such vacancy shall be filled in the following manner: Vacancies. (a) If the vacancy occurs within six months prior to the expiration of the existing term, the governing authority of Irwin County, Georgia, shall appoint a qualified person who shall discharge the duties of the office of the tax commissioner for the remainder of the unexpired term, and the person so appointed shall be commissioned and qualified as clerks of the superior court are commissioned and qualified, and shall receive the same compensation as the tax commissioner for the remainder of the unexpired term.
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(b) If the vacancy occurs more than six months prior to the expiration of the existing term, the governing authority of Irwin County, Georgia, shall appoint a qualified person to discharge the duties of the office of the tax commissioner until a tax commissioner is elected. Not less than ten (10) nor more than twenty (20) days after the date of such vacancy occurs, it shall be the duty of the ordinary of Irwin County to issue the call for a special election for the purpose of electing a tax commissioner to serve for the remainder of the unexpired term. The ordinary shall set the date of such election for a day not less than thirty (30) 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 in the official organ of Irwin county once a week for four weeks immediately preceding the election. The person elected in such election shall perform the duties of the office of the tax commissioner for the unexpired term. The returns of said election shall be made to the Governor who shall commission the person so elected. The person temporarily appointed to the office of the tax commissioner and the person elected to the office of tax commissioner shall each be paid the same salary as the tax commissioner for the time in which he serves in said office. Section 4 (a). The tax commissioner shall perform all the duties which are now performed by the tax receiver and tax collector of Irwin County and shall in addition thereto collect ad valorem taxes for the City of Ocilla. The tax commissioner shall receive the sum of eight thousand dollars ($8,000.00) per annum payable in equal monthly installments, on the first day of each month, from the general funds of Irwin County. The tax commissioner shall also be entitled to receive 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 those commissions allowed by an Act providing for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collector or tax commissioners of the various counties and the commissions, fees or compensation paid such registration
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agents therefor, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended. Compensation. (b) After the effective date of this Act, said salary and said additional compensation, as hereinbefore provided, shall be in full payment of all services rendered by said officers and said salary and additional compensation shall be all-inclusive and said officer shall not receive any other compensation for services performed, and said salary and additional compensation shall be in lieu of all fees, commissions, costs, fines and pursuits of whatever kind except as provided herein; and all such fees, commissions, costs, fines, forfeitures, allowances, penalties, funds, monies and perquisites of whatever kind which shall be allowed said tax commissioner after the effective date of this Act, excepting the aforesaid salary and additional compensation accruing to said officer shall be and become the property of Irwin County, or the City of Ocilla as the case may be, and said county and city, as the case may be, are subrogated to all rights, claims and liens of said officer for same. The procedure now in force or as may hereafter be provided by law as to the collection by said tax commissioner of all such fees, commissions, costs, fines, forfeitures, allowances, penalties, funds, monies and perquisites of whatever kind, shall be followed and performed by said officer, but as herein provided all such monies so collected by said tax commissioner shall be collected for the use of Irwin County or the City of Ocilla, as the case may be, and shall be accounted for by the tax commissioner and remitted to the board of commissioners of roads and revenues of Irwin County, or the governing authority of the City of Ocilla, as the case may be, on or before the tenth day of the following month by said tax commissioner. Fees. Section 5. The clerk of the tax assessors of Irwin County shall also serve as the clerk of the tax commissioner of Irwin County. The clerk of the tax assessors and tax commissioner shall be elected by a majority vote of the tax commissioner and tax assessors, the tax commissioner having a vote and each one of the tax assessors having one vote. The clerk may be fired at any time, with or without cause, in the same manner as he was elected. The clerk of
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the tax assessors and tax commissioner of Irwin County shall maintain all of the tax records in the office of the tax commissioner of Irwin County. The clerk of the tax assessors and tax commissioner shall be compensated in an amount not more than six thousand six hundred dollars ($6,600.00) per annum, and not less than five thousand dollars ($5,000.00) per annum, payable in equal monthly installments from the funds of Irwin County, the exact amount of such compensation to be determined by the governing authority of Irwin County. The clerk of the tax assessors and tax commissioner shall also be authorized a monthly allowance to cover his traveling expenses, the exact amount of such allowance to be determined by the governing authority of Irwin County. The tax commissioner shall have the authority to appoint one other assistant who shall be compensated in an amount not more than three thousand four hundred dollars ($3,400.00) per annum, and not less than three thousand dollars ($3,000.00) per annum, the exact amount of such compenation to be determined by the governing authority of Irwin County. The tax commissioner shall have the power and authority during his term of office to prescribe the duties and assignments of such assistant and to remove or replace such assistant at will and within his sole discretion. Clerk, etc. Section 6. Before entering upon the duties of his office the tax commissioner shall take the oath of office now prescribed by law for tax receivers and tax collectors, and shall give bond in an amount to be fixed and determined by the governing authority of Irwin County, which shall be signed as surety by a bonding company legally authorized to transact business in the state of Georgia, and fees or costs for the suretyship on said bond shall be paid out of the funds of Irwin County, Georgia, as part of the expenses of county government. Oath and bond. Section 7. The official bonds of the clerk of the tax assessors and tax commissioner, assistant of the tax commissioner and other personnel of said officer as may be required by law shall be procured by said officer on each such employee in an amount not to exceed his own bond and the premiums and costs thereof shall be paid from any of the funds of Irwin County available for such purposes. Bond.
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Section 8. All taxes due and payable Irwin County at the time the tax commissioner assumes 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. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as provided herein, including, but not limited to, office equipment, supplies, fixtures and utility expenses shall be paid by the county from county funds. Office equipment. Section 10. Notwithstanding any other provisions of this Act to the contrary, the governing authority of the City of Ocilla shall pay a portion of the annual operating expenses of the Office of tax commissioner of Irwin County. The portion to be paid by the City of Ocilla shall be determined as follows: The total annual operating expenses of the office of tax commissioner of Irwin County shall be computed as of the close of business on December 31 of each year. The total annual operating expenses shall be divided by the population of Irwin County according to the 1960 United States decennial census or any future such census to determine the per capita cost for operating the office of tax commissioner. The population of the City of Ocilla according to the 1960 United States decennial census or any future such census shall be multiplied by one-half of the per capita cost to obtain the portion of the total annual operating expenses of the office of tax commissioner of Irwin County to be paid by the governing authority of the City of Ocilla to the governing authority of Irwin County for the immediately preceding calendar year. The governing authority of Irwin County shall be required to pay the remaining expenses for operating the office of tax commissioner of Irwin County. City of Ocilla. Section 11. Nor less than twenty (20) nor more than forty (40) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Irwin County to issue the call for an election for the purpose of submitting this Act to the voters of Irwin County for approval or rejection. The
Page 2828
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 Irwin County. The ballot shall have written or printed thereon the words: For approval of the Act abolishing the Tax Receiver and Tax Collector of Irwin County and creating the office of Tax Commissioner of Irwin County. Against approval of the Act abolishing the Tax Receiver and Tax Collector of Irwin County and creating the office of Tax Commissioner of Irwin County. Referendum. 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 Irwin County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special 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 to the Secretary of State. Section 12. 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 were not originally a part hereof. The General Assembly hereby declares that it would have
Page 2829
passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. Severability. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to consolidate the offices of tax receiver and tax collector of Irwin County into the office of tax commissioner of Irwin County; to provide for the powers, duties and authority of the tax commissioner; to provide for all other matters relative to the foregoing; to provide for a referendum; and for other purposes. This 6th day of February, 1968. Harry Mixon, Representative, 81st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Mixon who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of notice of intention to introduce local legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following dates: February 8, 15, 22, 1968. /s/ Harry Mixon Representative, 81st District. Sworn to and subscribed before me, this 27th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1970. (Seal). Approved March 21, 1968.
Page 2830
CITY OF ATHENSCHARTER AMENDED. No. 911 (House Bill No. 1647). An Act to amend an Act entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof (now known as the City of Athens), approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, so as to provide for the time of holding the annual municipal election; to provide that any person who holds a municipal elective office may not hold any other public elective office at the same time; to provide that any person while holding a public elective office shall be eligible to enter in a political party primary or general election as a candidate for a municipal elective office, except as stated; to provide for penalties; 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 (now known as the City of Athens), approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, 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. Be it further enacted, that the annual municipal election shall be held at such place in each ward in the City of Athens, as the council may direct, on the Tuesday next following the first Monday in November of each year. Wherever in the charter it is required that the election for any municipal elective office be held on the first Wednesday in December of any year, there is hereby substituted therefor and in lieu thereof that such election shall be held on the Tuesday next following the first Monday in November. No citizen shall vote, except in the ward in which he resides, either for mayor or aldermen, and shall vote only for aldermen of his own ward; nor shall any person be elected alderman except for the ward in which he resides. Nothing herein shall be construed to
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alter, change, or limit in any manner the term of office of any municipal elective office of the mayor and council of the City of Athens. Municipal elective office or officer shall mean such as elected by the people. Elections. Section 2. Said Act is further amended by adding a new section to be designated as section 3A to read as follows: Section 3A. No municipal elective officer of the mayor and council of the City of Athens shall be eligible to hold any other public elective office while holding municipal elective office of the City of Athens, nor shall any municipal elective officer of the mayor and council of the City of Athens be eligible to enter as a candidate any political party primary or general election for any other public elective office while holding a municipal elective office of the mayor and council of the City of Athens, except a municipal elective officer may enter a political party primary or a general election as a candidate to succeed himself as an incumbent of the office held or a public elective office created by charter for any successor government of the mayor and council of the City of Athens. No person shall be eligible to hold a municipal elective office of the mayor and council of the City of Athens while holding another public elective office. Public or municipal elective office or officer shall mean such as elected by the people. A breach of said provisions by a municipal elective officer shall create an immediate vacancy in any municipal elective office held by such person, and if breached by any other public elective officer he shall be ineligible and disqualified to hold the municipal elective office for the term sought by him. Qualifications of elective officers. Section 3. Said Act is further amended by striking in line 14 of section 2 of an amendatory Act, approved July 31, 1918 (Ga. L. 1918, p. 528), as amended, the word December and inserting in lieu thereof the word annual, so that when so amended said section 2 shall read as follows:
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Section 2. Civil Service Commission Elections and Qualifications. That there shall be a civil service commission composed of five (5) commissioners, one from each ward of the City of Athens. The term of office for each commissioner hereafter elected shall be for a period of four (4) years. The term of office of the incumbent commissioners shall be and is hereby extended to expire on December 31st of the year in which his term of office would otherwise expire on August 31st. Election of commissioners shall be by the qualified voters of the entire City of Athens. The two commissioners added by this Act shall be elected in the December election ofand shall take office on January 1,. All commissioners shall hold office until his successor is elected and qualified and successors shall be elected in the annual city election of the year in which the term of the incumbent shall expire. Any vacancy created on the civil service commission by death, resignation, disability, removal of a commissioner from the ward in which he was elected, or otherwise, shall be filled by appointment by the city council who shall appoint a commissioner from the ward entitled to fill such vacancy and the commissioner appointed to fill such vacancy shall serve until the next regular city election at which time a commissioner shall be elected to serve the unexpired term, provided the vacancy is created more than thirty (30) days prior to the regular city election. If a vacancy is created less than thirty (30) days prior to the regular city election, the commissioner appointed by the city council shall serve until the election held in the following year. When any vacancy occurs on the civil service commission, the council shall appoint a successor within ten (10) days from the date the vacancy was created. Section 4. Said Act is further amended by striking section 1 of an amendatory Act, approved November 11, 1889 (Ga. L. 1889, p. 998) in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, that hereafter the mayor of the City of Athens shall be chosen for a term of two years or until his successor is elected and qualified. The provisions of this
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Act shall apply to the mayor, who shall be chosen at the annual election held on the first Wednesday in December, 1889, and the mayor of said city shall be elected biennially thereafter on the Tuesday next following the first Monday in November under the same rules and regulations as now govern the election of mayor and aldermen of said city. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that the mayor and council of the City of Athens intends to apply to the General Assembly of Georgia at the regular 1968 Session thereof for the passage of a local bill to amend the charter of the mayor and council of the City of Athens (Ga. L. 1872, p. 127), approved August 24, 1872, as amended, so as to change the provisions relating to the time of holding the annual municipal election in the City of Athens and the provisions relating to the seeking and holding certain municipal elective offices; and for other purposes. This 4th day of January, 1968. The Mayor and Council of the City of Athens. By: Joseph J. Gaines City Attorney Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared Glenn Vaughn, Jr., who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Daily News; that the Athens Daily News 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 Daily News on January 5, 12, and 19, 1968. /s/ Glenn Vaughn, Jr.
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Certified, sworn to and subscribed before me, this 22nd day of January, 1968. /s/ Nellie Burpee Notary Public, Clarke County, Georgia. My Commission expires Jan. 20, 1969. (Seal). Approved March 21, 1968. LAW BOOKS TO COBB COUNTY. No. 120 (House Resolution No. 43-131). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Cobb County; and for other purposes. Whereas, the clerk of the superior court of Cobb County is authorized to have a set of the Georgia Supreme Court Reports and a set of the Georgia Court of Appeals Reports, but, in fact, does not have any of said reports in his office; and Whereas, such books are necessary for the clerk to transact the business of the court and 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 the superior court of Cobb County, without any cost to said county except payment for packing and transportion charges, a complete set of the Georgia Court Reports and a complete set of the Georgia Court of Appeals Reports. Approved March 21, 1968.
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BIBB COUNTYBOARD OF EDUCATION AND ORPHANAGE, REFERENDUM. No. 912 (House Bill No. 639). An Act to amend an Act establishing the board of public education and orphanage for Bibb County, approved October 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the method of selection of the members of the board; to provide qualifications for such members; to provide limitations for the reappointment of members to the board; to provide the procedure for all of the foregoing; to provide that the board shall hold regular monthly meetings after 6:00 p.m.; to provide that the board shall compile and distribute the rules, regulations and bylaws governing its procedures and operation; to provide that the board shall be authorized and directed to submit a copy of the final school budget to the board of commissioners of Bibb County; to provide that all persons employed by said board in a full time administrative or supervisory capacity may not hold or accept other employment while so employed; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the board of public education and orphanage for Bibb County, approved October 23, 1872 (Ga. L. 1872, p. 388), as amended, is hereby amended by inserting following section 2 the following new sections: Section 2A. Notwithstanding the above provisions to the contrary, the board of public education and orphanage for Bibb County hereinafter referred to as board shall consist of fourteen members, twelve of whom shall be elected to the board in the manner hereinafter provided and two of whom shall occupy positions on the board by virtue of holding the office of a county commissioner and by virtue of being mayor of the City of Macon, Georgia, respectively. The county commissioner appointed to the board shall be,
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from time to time, chosen by and serve at the pleasure of the board of commissioners of roads and revenues for Bibb County. Members. Section 2B. The members presently occupying positions of membership on the board, or their successors, shall be identified by number in the following manner: Same. Year of Member's Appointment to the Board Position 1949 1 1950 2 1952 3 1954 4 1956 5 1957 6 1958 7 1959 8 1967 9 10 1968 11 12 Section 2C. After the effective date of this section, the ordinary and judges of the Superior Court of Bibb County shall cease to be members of the Board. In the year 1969, the members of the board shall elect successors to the incumbents occupying positions 1 and 2. In June of the year 1970, the members of the board shall elect successors to the incumbents occupying positions 3 and 4 that are then on the board. In June of the year 1971, the members of the Board shall elect successors to the incumbents occupying positions 5 and 6 that are then on the board. In June of the year 1972, the members of the board shall elect successors to the incumbents occupying positions 7 and 8 that are then on the board. In June of the year 1973, the members of the board shall elect successors to the incumbents occupying positions 9 and 10 that are then on the board. In June of the year 1974, the members of the board shall elect successors to the incumbents occupying positions 11 and 12 that are then on the board. All incumbent members thusly being replaced shall be eligible for reappointment for another six year term unless they were appointed to the
Page 2837
board prior to 1956, in which event they shall not be eligible for reappointment. All appointments shall be for a term of six years. Any vacancies, other than those provided for above, on the board for whatever reason shall be filled as expeditiously as possible by the remaining members of the board by electing a qualified person who shall serve out the unexpired term of that board member position. All appointments made by the board shall be subject to the approval or rejection of the next succeeding grand jury which convenes immediately following the appointment. The names of all such appointees shall be submitted by the board to said grand jury; and the grand jury by a majority vote shall either approve the appointment made by the board or reject said appointment. In the event any appointment shall be rejected by the grand jury, a vacancy shall immediately be deemed to exist on the board; and the board shall elect another qualified person to fill said vacancy, who shall also be subject to the approval or rejection of the next succeeding grand jury. Section 2D. In each instance it shall take a vote of at least eight members of the board to elect a member. Section 2E. Newly elected members of the board who have served two consecutive six-year terms on the board and members of the board who have attained the age of 70 years shall not be eligible for reappointment as a member of the board. Section 2F. The superintendent of schools for the Bibb County School System shall be appointed by the board, and he shall serve at the pleasure of the board. Section 2G. The following procedure shall be utilized for the purpose of selecting new members of the board: (a) The president shall appoint a committee from the board of not less than three or more than five members to recommend to the full board any such new member. (b) The superintendent shall notify in writing each member of the board of the composition of such committee
Page 2838
and invite each board member to suggest a name or names for selection to the board. (c) The president of the board shall, not less than five days following the superintendent's notification above mentioned, issue an invitation to the general public to suggest names to fill the vacancy on the board. Permanent written records shall be maintained which will reflect all names, which were submitted as a result of the public invitation and these records shall be provided to the grand jury panel at the time of request for board appointment approval. (d) The committee shall make a recommendation for the filling of the vacancy to the full board at a regular meeting not less than thirty days following the date of the superintendent's letter of notification above mentioned. At such meeting other nominations may be made by any member of the board. Election shall be by secret ballot, and the favorable votes of at least eight board members shall be necessary for election to the board. (e) No member of any such committee shall serve again on a committee for the selection to fill a vacancy until all members of the board shall have had an opportunity to so serve. Section 2H. Said board is hereby authorized and directed to compile in pamphlet or booklet form the rules, regulations and bylaws governing the procedures and operation of said board. A copy of such pamphlet or booklet shall be made available to the principal of each school in the Bibb County System. Rules and bylaws. Section 2. Said Act is further amended by inserting between sections 3 and 4 two new sections to be designated as Section 3A and section 3B and to read as follows: 3A. Said board is hereby authorized and directed to submit to the board of commissioners of Bibb County a copy of the final school budget which is prepared pursuant to the provisions of sections 41 and 42 of the Act known as the `Minimum Foundation Program of Education Act',
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approved January 24, 1964 (Ga. L. 1964, p. 3), as the same is now or may hereafter be amended. The copy of said final school budget shall be submitted to said board of commissioners within one week after its adoption by the board each year. Budget. 3B. Said board is hereby authorized and directed to establish a policy which shall become effective on September 1, 1968, which will prohibit any person employed by said board in a full time supervisory or administrative capacity from holding or acepting any other employment while so employed by said board of education. Employees. Section 3. It shall be the duty of the ordinary of Bibb County to issue the call for an election for the purpose of submitting this Act to the voters of Bibb County for approval or rejection. The ordinary shall set the date of such election for November 5, 1968. 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 Bibb County. The ballot shall have written or printed thereon the words: For approval of the Act changing the method of selection of the members of the Board of Public Education and Orphanage for Bibb County. Against approval of the Act changing the method of selection of the members of the Board of Public Education and Orphanage for Bibb County. 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 this 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 Bibb 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 special elections, except as otherwise provided herein. It shall be the duty
Page 2840
of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1967 Session of the General Assembly of Georgia, a bill to change the method of appointing members to the board of public education and orphanage for Bibb County; to provide for educational districts; to change the composition of the board members; to provide the procedure connected with the foregoing; and for other purposes. Mitch Miller Representative, 108th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mitch Miller who, on oath, deposes and says that he is Representative from the 108th District, 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 Bibb County, on the following dates: Jan. 28, Feb. 4, and Feb. 11 /s/ Mitch Miller Representative, 108th District Sworn to and subscribed before me, this 2nd day of March, 1967. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 21, 1968.
Page 2841
CARROLL COUNTY BOARD OF EDUCATIONREFERENDUM. No. 913 (House Bill No. 1323). An Act to provide for the election of the members of the board of education of Carroll County; to provide for education districts; to provide the manner of electing members to the board; to provide for qualifications and compensation of the members of the board; to provide for filling vacancies; to provide for the election of a chairman and other officers of the board by the members; to provide for the appointment of the county school superintendent of Carroll County by the board; to provide for his qualifications, compensation, and term of office; to provide for all matters and procedures relative to the foregoing; 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 board of education of Carroll County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Carroll County, the Carroll County school district shall be divided into five education districts as follows: Education District No. 1 . Education District No. 1 shall be composed of all territory within Carroll County embraced within G.M.D. No. 714 (Carrollton), except that area within the City of Carrollton. Members, districts. Education District No. 2 . Education District No. 2 shall be composed of all that territory within Carroll County embraced within G.M.D. No. 642 (Villa Rica) and G.M.D. No. 1542 (Hulett). Education District No. 3 . Education District No. 3 shall be composed of all that territory within Carroll County embraced within G.M.D. 1111 (Bowdon), G.M.D. No. 1527 (Victory) and G.M.D. 1310 (New Mexico)
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Education District No. 4 . Education District No. 4 shall be composed of all that territory within Carroll County embraced within GM.D. No. 649 (Temple), G.M.D. No. 1152 (Center Point), G.M.D. No. 1496 (Bowdon Junction), G.M.D. No. 1436 (Flint Corner), G.M.D. No. 1371 (Burwell), G.M.D. No. 1006 (Kansas) and G.M.D. No. 1240 (Mt. Zion). Education District No. 5 . Education District No. 5 shall be composed of all that territory within Carroll County embraced within G.M.D. No. 682 (Whitesburg), G.M.D. No. 713 (Roopville), G.M.D. No. 729 (Cross Plains), G.M.D. No. 1163 (Lowell), G.M.D. No. 1297 (County Line), G.M.D. No. 1483 (Clem), G.M.D. No. 1541 (Banning), G.M.D. No. 1122 (Sandhill), G.M.D. No. 1533 (Tyus). Section 2. The members of the board shall be elected by the voters of the Carroll County school district, but candidates shall not offer for election to said board from any election district other than the district in which their legal residence lies. Members. Section 3. No person shall be eligible to represent an election district unless he is at least twenty-five years of age, a free holder, and has been a resident of the county for two years and a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district which he represents, his place on the Board shall immediately become vacant. Qualifications. Section 4. At the General Election conducted in 1968 there be elected the first members of the board of education for Carroll County as hereinbelow provided for. A candidate elected from education districts 2 and 3 shall take office on the 1st day of January following the election and shall serve for a term of office for two years each and until their successors are duly elected and qualified. Candidates elected from districts 1, 4, and 5, at said election shall take office on the 1st day of January following the election and shall serve for a term of office for four years each and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial members of the
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Carroll County board of education, as provided for herein, shall be elected at the General Election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified. Election, terms, etc. Section 5. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the board shall constitute a quorum for the transaction of any business which may come before the Board. All members of the board shall be compensated in an amount of $40.00 per month, except the chairman, who shall receive $50.00 per month, payable monthly, plus the necessary expenses incurred in carrying out the official duties. Chairman, compensation, etc. Section 6. Vacancies on the board which occur within the first two years of a term of office shall be filled by the remaining members of the Board electing a successor from the education district from which the vacancy occurred to serve until the next General Election, at which time a successor shall be elected by the voters of the entire county from the Education District in which the vacancy occurred to serve out the unexpired term of office. In the event the regular term of office in which the vacancy shall occur shall expire within 90 days subsequent to the first general elections which falls after the vacancy shall occur, the member appointed by the board to fill the vacancy shall serve out the unexpired term of office. Vacancies occurring during the last two years of the term of office shall be filled by the remaining members of the board electing a successor from the education district from which the vacancy occurred to serve out the unexpired term of office. The Carroll County board of education created by this Act shall be the successor to all rights, powers, duties and obligations of the Carroll County board of education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancies, etc. Section 7. The county school superintendent of Carroll County serving at the time of the approval of this Act shall
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continue to serve out the term of office to which he was elected. Thereafter, the board of education of Carroll County shall appoint the county superintendent of Carroll County, who shall serve at the pleasure of the board. The board shall fix the compensation of the superintendent. The person appointed to the office of county school superintendent of Carroll County shall possess the qualifications prescribed for county school superintendents by the laws of this State and such other qualifications as may be prescribed from time to time by the state board of education and by the State and regional accrediting agencies. Superintendent. Section 8. On a date which shall not be less than thirty days nor more than sixty days of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Carroll County to issue the call for an election for the purpose of submitting this Act to the voters of the Carroll County school district 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 Carroll County. The ballots shall have written or printed thereon the words: For approval of the Act providing for the election of the Carroll County Board of Education by the people and for the appointment of the County School Superintendent of Carroll County by the Board. Against approval of the Act providing for the election of the Carroll County Board of Education by the people and for the appointment of the County School Superintendent of Carroll County by the Board. Referendum. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote against or rejection of the Act shall vote against approval. If more than one half of the votes cast on such questions 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 expenses of such election shall be borne by Carroll County. It shall be the duty of the ordinary to hold and conduct such
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election. He shall hold such election on the same laws and rules and regulations as govern special 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 results thereof to the Secretary of State. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular Session of the General Assembly of Georgia, January, 1968, a bill to provide for the election of the members of the board of education of Carroll County by the people; to provide for a referendum and for other purposes. This 16th day of January, 1968. /s/ William J. Wiggins /s/ Jack E. Threadgill Representatives, 32nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Wiggins who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 18, 25 and February 1, 1968. /s/ William J. Wiggins Representative, 32nd District
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Sworn to and subscribed before me, this 7th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1968. STEPHENS COUNTYSHERIFF'S SALARY, ETC. No. 914 (House Bill No. 1535). An Act to amend an Act placing the sheriff of Stephens County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 3118), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 2476), and as amended by an Act approved March 31, 1967 (Ga. L. 1967, p. 2357), so as to change the compensation of the sheriff; to provide for additional funds for the deputies of said sheriff; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Stephens County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 3118), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 2476), and as amended by an Act approved March 31, 1967 (Ga. L. 1967, p. 2357), is hereby amended by striking from section 2 the figure $7,800.00 and inserting in lieu thereof the figure $8,400.00, so that when so amended section 2 shall read as follows: Section 2. The salary of the sheriff of Stephens County shall be $8,400.00 per annum, payable in equal monthly installments out of county funds. Sheriff's salary. Section 2. Said Act is further amended by striking from Section 3 the figure $4,000.00 and inserting in lieu thereof
Page 2847
the figure $4,800.00, so that when so amended section 3 shall read as follows: Section 3. The sheriff of Stephens County shall have the authority and discretion in appointing necessary deputies and employees, and for the purpose of compensating same, shall receive out of the funds of the county, an allotment not to exceed $4,800.00. The salaries set for deputies or employees shall be paid in equal monthly installments out of the county funds. In addition to the allotment for the purpose of compensating deputies and employees provided for above, the additional sum of $4,800.00 per year, from county funds, shall be made available for the purpose of compensating an additional deputy for the sheriff. In addition to the allotment heretofore made for the necessary deputies and employees, the additional sum of $2,500.00 per annum shall be made available to the sheriff of Stephens County from county funds for clerical assistance. Deputy sheriff's clerical help. Section 3. The provisions of this Act shall become effective on January 1, 1968. 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 a Bill will be introduced in the 1968 Session of the General Assembly of Georgia as an amendment of Ga. L. 1960 p. 3118, Ga. L. 1965 p. 2476, Ga. L. 1967 p. 2357 to amend section 2 of said Act to increase the salary of sheriff of Stephens County and to further increase the salary of deputies and employees pursuant to recommendations of the Stephens County board of commissioners of roads and revenues as recommended by the grand jury and county commissioners. This the 13th day of January, 1968. Don Moore, Representative, Stephens County, Georgia.
Page 2848
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Moore who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: January 25, February 1, 8, 1968. /s/ Don C. Moore, Representative, 12th District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 25, 1968. STEPHENS COUNTYSALARY OF CLERK OF SUPERIOR COURT, ETC. No. 915 (House Bill No. 1537). An Act to amend an Act placing the clerk of superior court of Stephens County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 3121), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2346), so as to increase the salary of the clerk of the superior court and to increase the allotment of county funds for the purpose of compensating personnel within his office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of superior court of Stephens County upon an annual salary, approved March
Page 2849
17, 1960 (Ga. L. 1960, p. 3121), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2346), is hereby amended by striking from section 2 the figure $7,800.00 and inserting in lieu thereof the figure $8,400.00, so that when so amended section 2 shall read as follows: Section 2. The clerk of the superior court of Stephens County shall receive a salary of $8,400.00 per annum, payable in equal monthly installments out of the funds of the county. Said salary shall be the sole compensation of the clerk of the superior court of Stephens County, whether he be ex-officio clerk of other courts or not. Clerk's salary. Section 2. Said Act is further amended by striking the figure $5,000.00 from section 3 and inserting in lieu thereof the figure $6,000.00, so that when so amended section 3 shall read as follows: Section 3. The clerk of superior court of Stephens County shall have the authority and discretion in appointing necessary deputies and employees, and for the purpose of compensating same, shall receive out of the funds of the county, an allotment not to exceed $6,000.00 per year. The salaries set for deputies or employees shall be paid in equal monthly installments out of the county funds. Deputies, etc. Section 3. This Act shall become effective on January 1, 1968. 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 a Bill will be introduced in the 1968 Session of the General Assembly of Georgia to amend Ga. L. 1960, p. 2346, Ga. L. 1966 p. 2346 so as to increase the salary of the clerk of the superior court and to also increase the compensation of deputies and employees of the clerk of superior court of Stephens County pursuant to recommendations of the board of commissioners of roads
Page 2850
and revenues, Stephens County, Georgia. As recommended by the grand jury and county commissioners. This 13th day of January, 1968. Don Moore, Representative, Stephens County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Moore who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: January 25, February 1, 8, 1968. /s/ Don C. Moore Representative, 12th District Sworn to and subscribed before me this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 25, 1968. STEPHENS COUNTYSALARY OF ORDINARY, ETC. No. 916 (House Bill No. 1539). An Act to amend an Act placing the ordinary of Stephens County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 3130), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2291), and as amended
Page 2851
by an Act approved April 6, 1967 (Ga. L. 1967, p. 2826), so as to change the salary of the ordinary; to increase the allotment to the ordinary for purpose of compensating personnel within his office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the ordinary of Stephens County upon an annual salary approved March 17, 1960 (Ga. L. 1960, p. 3130), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2291) and as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2826), is hereby amended by striking from section 2 the figure $7,200.00 and inserting in lieu thereof the figure $7,500.00, so that section 2 when amended shall read as follows: Section 2. The ordinary of Stephens County shall receive a salary of $7,500.00 per annum, payable in equal monthly installments out of the funds of the county. Said salary shall be the sole compensation of the ordinary of Stephens County. Salary. Section 2. Said Act is further amended by striking from section 3 the symbol and figure $2,500.00 and inserting in lieu thereof the symbol and figure $3,000.00 so that when amended section 3 shall read as follows: Section 3. The ordinary of Stephens County shall have the authority and discretion in appointing necessary deputies and employees, and for the purpose of compensating same, shall receive out of the funds of the county, an allotment not to exceed $3,000.00 per year. The salaries set for deputies or employees shall be paid in equal monthly installments out of the county funds. Employees. Section 3. The provisions of this Act shall become effective on January 1, 1968. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2852
Notice of Intention to Introduce Local Legislation. Notice is hereby given that a Bill will be introduced in the 1968 Session of the General Assembly of Georgia to amend the Act providing for placing the ordinary on a salary in lieu of the fee system and to increase the compensation of deputies and employees of the ordinary of Stephens County. As recommended by the grand jury and county commissioners. This the 13th day of January, 1968. Don Moore, Representative, Stephens County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Moore who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: January 25, February 1, 8, 1968. /s/ Don C. Moore Representative, 12th District Sworn to and subscribed before me this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 25, 1968.
Page 2853
CITY OF MORROWCHARTER AMENDED. No. 917 (House Bill No. 1615). An Act to amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, approved March 2, 1943 (Ga. L. 1943, p. 1453), as amended particularly by an Act approved February 8, 1949 (Ga. L. 1949, p. 290), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2781), so as to create a department of personnel; to provide for a merit basis of appointment of personnel; to provide for a personnel director; to provide for the qualifications, powers and duties of the personnel director; to provide for a personnel board; to provide for the qualifications, appointment, removal, salary, powers, and duties of the members of the personnel board; to authorize the personnel director to promulgate rules; to provide for an unclassified and classified service; to provide for a classification plan; to provide for promotions; to provide for a pay plan; to provide for oaths; to provide for certainprohibitions; to provide for the acquisition, construction, equipment, maintentance and operation of parks, playgrounds and recreational facilities; to provide for the issuance of the bonds for such purposes; to provide for the levy of a tax without limitation to rate or amount to retire said bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, approved March 2, 1943 (Ga. L. 1943, p. 1453), as amended particularly by an Act approved February 8, 1949 (Ga. L. 1949, p. 290), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2781), is hereby amended by inserting between section 5 and section 6 fourteen new sections to be designated sections 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5I, 5J, 5K, 5L, 5M, and 5N, to read as a follows:
Page 2854
5A . From and after the passage and approval of this Act, there is hereby authorized to be created and established by the mayor and council of the City of Morrow a merit service system. The mayor and council shall be authorized to create such merit service system by appropriate ordinance. Merit system. 5B. Merit basis of appointment . Appointments and promotions in the administrative service of the city shall be made according to merit and fitness to be ascertained, so far as practicable, by competitive examination. To carry out this purpose, there shall be a department of personnel, the head of which shall be the personnel director, who shall be appointed annually by the mayor and council. In the absence or disqualification of the personnel director, or in the event no personnel director is appointed, the mayor shall serve as personnel director. 5C. Personnel Director; powers and duties . The personnel director shall have the power and shall be required to: (a) Hold competitive examinations for all appointments in the classified service, restricted to persons reasonably qualified to perform the duties of the position; (b) Give wide publicity through appropriate channels in each case to all announcement of competitive examinations to the end of encouraging qualified persons to take such examinations; (c) Prepare and recommend to the personnel board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this section as provided in Section 8 of this Act; (d) Prepare, install, and maintain a classification plan based on the duties, authority and responsibility of positions in the city service; (e) Prepare and maintain a classification plan based on the duties, authority and responsibility of positions in the city service;
Page 2855
(f) Prepare and maintain a pay plan in the city service; (g) Establish and maintain a roster of all persons in the municipal service in which there shall be set forth, as to each officer and employee, (i) the class title of the position held, (ii) salary or pay, (iii) any changes in class title, pay or status, (iv) such other data as may be deemed desirable or useful to produce significant facts pertaining to personnel administration; (h) Certify all payrolls for persons in the classified service. No person shall be placed on the classified payroll without having first been certified by the personnel director or his authorized agent as being eligible therefor; (i) Develop and establish training and educational programs for persons in the municipal service; (j) Investigate periodically the operation and effect of the personnel provisions of this charter and the rules promulgated thereunder, and report annually his findings and recommendations to the personnel board and mayor and council; (k) Perform such other and different lawful acts and functions in conjunction with the personnel board as he and the personnel board may deem necessary or desirable to enforce the purposes and provisions of this section. 5D. Personnel Board; appointment; removal . There shall be a personnel board consisting of five members who shall be appointed by the mayor and council. The members of the personnel board shall annually elect one of their number as chairman and another as vice-chairman. In the absence, disqualification or disability of the chairman, the vice-chairman shall act as chairman. Members of the personnel board shall serve for a term of five years, except that of the members first appointed, one shall be appointed to serve for five years, one for four years, one for three years, one for two years, and one for one year. Vacancies in an unexpired term shall be filled by the mayor and council by appointment for the remainder of the term. A member
Page 2856
of the board may be removed by mayor and council only for cause and after being given a written statement of the charges against him and a public hearing thereon, if he so requests. A certified copy of the charges and a transcript of the record shall be filed with the personnel director. 5E. Personnel board; qualifications . Each member of the personnel board shall be a freeholder in the city and qualified to vote in city elections, shall be known to be in sympathy with the merit principles as applied to the civil service, shall neither hold nor be a candidate for any elective political office of the City of Morrow. 5F. Personnel board; meetings; salary . The personnel board shall meet at the call of the chairman, any three members of the board, or the personnel director, upon two days' written notice, stating the purpose of the meeting. Three members of the board shall constitute a quorum and three affirmative votes shall be required for the transaction of any official business. Members of the board shall be paid at a rate established annually by the mayor and council. 5G. Personnel board; powers and duties . The board shall have power and shall be required to: (a) Advise the mayor and council and the director on problems concerning personnel administration; (b) Advise and assist the director in fostering the interest of institutions of learning, civic, professional and employee organizations in the improvement of personnel standards in the municipal service; (c) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report to the mayor and council its findings, conclusions and recommendations; (d) Hear appeals in case any officer or employee in the classified service is suspended, reduced or removed, and report in writing to the mayor and council its decision and
Page 2857
said decision shall be final; provided, however, nothing herein shall preclude any of said employees so affected from appealing said decision to the Superior Court of Clayton County, Georgia, in the same manner as appeals from the court of ordinary are taken to the superior court; (e) Perform such other duties with reference to personnel administration, not inconsistent with this charter, as the council may require by ordinance. 5H. Classification . (a) Within six months after the appointment of the first Director under this section, the director shall prepare and recommended to the board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this section. After a public hearing thereon, the board shall approve or reject the rules wholly or in part, or may modify them, and approve them as so modified. Rules and any amendments thereto which are approved by the board, shall be transmitted to the personnel director for filing with the mayor and council together with whatever recommendations he may desire to make. Rules and amendments thereto shall become effective when approved by the mayor and council. Thereafter, the board shall have the power, to amend, repeal or add to the rules on the recommendation of the director or on its own initiative, subject to the requirements of a public hearing and all other subsequent steps of procedure required herein for the adoption of the original set of rules. (b) Rules adopted hereunder shall have the force and effect of law. They shall provide for the method of holding competitive examinations, the establishment, maintenance, consolidation and cancellation of eligible lists, administration of the classification plan, the pay plan, the application of service ratings, the hours of work, attendance regulation and leaves of absence for employees in the classified service, the order and manner in which lay-offs shall be effected and similar matters of personnel administration. (c) The powers herein conferred upon the Director shall be subject only to the provisions of this section and of the
Page 2858
rules adopted hereunder, and may be exercised by regulation or by order as the Director sees fit. 5I. Unclassified and classified service . (a) The unclassified service shall comprise the following offices and positions: (i) Mayor, members of the city council, and other elective officers and persons appointed to fill vacancies in elective offices; (ii) The city manager and the assistant manager, if any; (iii) Personnel director, civil service director, city attorney, city recorder, police crossing watchman; (iv) Members of boards and commissions in the city's service; (v) Part-time and temporary employees. (b) The classified service shall comprise all positions not specifically included by this section in the unclassified service. 5J. Classification . (a) The director of personnel shall prepare an up-to-date record of the authority, duties and responsibilities of each position in the classified service. Within one year after the appointment of the first director under this section, the director shall prepare and submit to the mayor and council a plan of classification and grading of all such positions according to similarity of authority; duties and responsibilities. Such plan shall take effect when adopted by the mayor and council. (b) Changes in the classification plan which the director deems desirable may be recommended and adopted from time to time in the same manner as herein provided for the original adoption of the plan.
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(c) As promptly as practicable after the adoption of the classification plan, and after any amendment thereof, the director, shall with the approval of the mayor and council, allocate each position in the classified service to the appropriate class therein on the basis of its authority, duties and responsibilities. Thereafter, as new positions are created or additional classes are established, or existing classes are divided, combined, altered, or abolished, the director shall make such allocations or reallocations of positions to new or existing classes as are necessitated thereby. (d) Following the adoption of the classification plan and the allocation to classes thereon of positions in the classified service, the class title set forth therein shall be used to designate such positions in all official records, documents, vouchers and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which as not been approved by the director as appropriate to the duties to be performed. (e) Employees affected by the allocation or reallocation of a position to a class, or by any changes in the classification plan, shall be afforded a reasonable opportunity to be heard thereon after filing with the director a written request for a hearing. 5K. Promotions . Vacancies in higher positions in the classified service of the city shall, as far as practicable, be filled by promotion from lower classes following competitive tests; provided, that in case the personnel director so directs, such positions shall be filled by competitive tests open not only to city officers and employees serving in lower classes, but alos to persons not in the service of the city. A change from a position in any class to a position in another class for which a higher maximum rate of pay is prescribed shall be considered a promotion. The director of personnel shall, to the extent he considers such actions desirable, indicate the principal or normal lines of promotion from and to each class to the class specifications or in regulations.
Page 2860
5L. Pay Plan . The director of personnel shall prepare for the mayor and council a standard schedule of pay for each position in the classified service. The personnel director shall submit the pay plan to the mayor and council with such changes as he deems desirable and such plan shall take effect when adopted by the mayor and council. The pay plan adopted by the mayor and council shall include a minimum and maximum and such intermediate rates as may be deemed desirable for each class of position. Amendments to the pay schedule may be adopted by the mayor and council, from time to time, upon recommendation of the personnel director. In increasing or decreasing items in the city budget, the mayor and council shall not increase or decrease any individual salary items but shall act solely with respect to classes of positions as established in the classification and pay plans. In no event shall the mayor and council reduce the salary of a class below the minimum or raise it above the maximum salary established by the pay plan except by amendment of the pay plan. 5M. Oaths . For the purpose of the administration of the personnel provisions of this chapter, any member of the personnel board shall have the power to administer oaths. 5N. Prohibitions . No persons in the classified service of the City or seeking admission thereto shall be appointed, promoted, reduced, removed or in no way favored or discriminated against because of his political or religious opinions and affiliations. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment held or made under the personnel provisions of this charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or of the rules and regulations made thereunder. No officer or employee in the classified service of the city shall continue in such position after becoming a candidate for nomination or election to any public office. No person seeking appointment to or promotion in the classified service of the city shall either directly or indirectly give, render or
Page 2861
pay any money, service or other valuable thing to any person for or on account of or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. No person shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the classified service of the city. No person holding a position in the classified service of the city shall make any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political party, or any candidate further than in the exercise of his rights as a citizen to privately express his opinion and to cast his vote. Any person who by himself or with others willfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than $1,000.00 or by imprisonment for a term of six months or by both such fine and imprisonment. Any person who is convicted under this section shall, for a period of five years, be ineligible for appointment to or employment in a position in the city service, and shall, if he be an officer or employee of the city, immediately forfeit the office or position he holds. Section 2. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The mayor and council shall have the authority to construct waterworks and sewers, paying for them out of the public funds of the city or by charges for the use of such privileges. They shall have the authority to enact reasonable sanitary regulations and to enforce the same. Said mayor and council shall also have full power and authority to grant franchises over, under and upon its streets, alleys, lanes, sidewalks, parks, and other public places to any person, firm or corporation for the furnishing of water, electric light and power, gas and sewerage or any of them to the city and its residents; and to make such
Page 2862
contracts with such persons, firms or corporation for the furnishing of water, electric light and power, gas and sewerage or any of them as the mayor and council may deem proper. Said mayor and council shall also have the full power and authority to acquire, provide, construct, equip, maintain conduct and operate parks, playgrounds, recreation centers and other recreational activities and facilities as may be deemed necessary or desirable in order to promote the general welfare and better protect the health of the residents of the City of Morrow. Utilities. Section 3. 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 mayor and council shall have the right to levy a tax on all property in said city, not to exceed five (5) mills per annum, the rate to be determined by a resolution supported by a majority vote and entered on their minutes. All taxes shall become due December 1st, after which the mayor may issue fi fas for the collection of unpaid taxes which may then be levied by the marshal; property to be sold, if personalty before the place for holding election in said city after 10 days advertisement by posting three notices in said city; if realty, to be sold at the same place after four weeks advertisement in a newspaper in said county; all of said sales to be on the first Tuesday in each month and to be held between the hours of 10 a.m. and 4 p.m.; the marshal shall make and execute deeds of title to the purchasers at said sale. Provided, however, that said mayor and council shall have the authority to increase the maximum tax rate from 5 mills per annum to a rate not to exceed 15 mills. Provided any increase in said maximum tax rate shall be approved by the majority of the voters voting in any election held by the City of Morrow in which the question of increasing said maximum tax rate shall be presented to the voters. Taxation, etc. The question of raising the maximum tax rate shall be presented to the voters of said city at the annual election for mayor and council of said city or at any special election called by the mayor and council for the purpose of determining
Page 2863
said question. Said special election to be held after ten (10) days' notice. Said notice to be published in a newspaper published in Clayton County ten (10) days before said election is to be held. Said mayor and council shall have the full power and authority to issue and sell bonds for the purpose of providing recreational and other public facilities allowed and in accordance with the Constitution and laws of the State of Georgia. Said mayor and council shall have the power and authority to levy a tax on all property in said city sufficient to provide funds to pay said bonds and the interest thereon as same mature, said tax to be in addition to any tax now authorized without regard to any restrictions or limitations as to rate or amount, all as in accordance with the Constitution and laws of the State of Georgia. Any bond issue duly approved at a referendum election pursuant to the provisions of this Section shall authorize the levy of such tax to pay said bonds and the interest thereon without further referendum or election. 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 the City of Morrow will apply to the January, 1968, Session of the General Assembly for passage of local legislation to amend an act entitled, An Act to create and Incorporate the City of Morrow in Clayton County, Georgia, as amended; to provide for a civil service for its employees; to provide for a referendum for annexation of property to be held within six (6) months after passage of this amendment; to provide for reasonable rules and regulations governing said referendum; to provide for a repeal of all laws that are in conflict with the charter and the several acts amendatory to the charter and for other purposes.
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This 12th day of January, 1968. Franklin R. Frame, Mayor City of Morrow February 7, 1968. Georgia, Clayton County. Personally appeared before the undersigned, an officer duly authorized to administer oaths, Jack Troy, who first being duly sworn, deposes and says on oath that he is the publisher and editor of Forest Park Free Press and one of its agents, the same being a newspaper having a general circulation in Clayton County, Georgia; that the notice of intention to introduce local legislation by the City of Morrow, has been duly published in editions of said paper on January 18, 25 and February 1, 1968. /s/ Jack Troy /s/ Guy Broth Notary Public, Georgia, State at Large. My Commission expires Jan. 30, 1972. (Seal). Approved March 25, 1968. JUDGES' AND SOLICITOR-GENERAL RETIREMENT FUND OF FULTON COUNTYMEMBERSHIP OF SOLICITOR-GENERAL. No. 921 (House Bill No. 971). An Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 2542), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb.
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Sess., p. 2803), an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2958), an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2795), an Act approved February 8, 1955 (Ga. L. 1955, p. 2083), an Act approved March 6, 1956 (Ga. L. 1956, p. 2991), an Act approved March 6, 1956 (Ga. L. 1956, p. 3069), an Act approved March 5, 1957 (Ga. L. 1957, p. 2425), an Act approved March 5, 1957 (Ga. L. 1957, p. 2558), an Act approved March 13, 1957 (Ga. L. 1957, p. 2888), an Act approved March 13, 1957, (Ga. L. 1957, p. 3181), an Act approved March 9, 1959 (Ga. L. 1959, p. 2587), an Act approved March 10, 1959 (Ga. L. 1959, p. 2838), an Act approved March 17, 1960 (Ga. L. 1960, p. 3143), an Act approved March 17, 1960 (Ga. L. 1960, p. 3185), an Act approved April 4, 1963 (Ga. L. 1963, p. 3015), and an Act approved June 16, 1964, (Ga. L. May-June 1964, Ex. Sess., p. 2070), so as to allow certain eligible persons to become members of the retirement funds; to prescribe the procedure connected therewith; to provide that the present solicitor-general of the superior court of Fulton County shall be eligible for membership and pension benefits under specified conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act referred to in the caption hereof is hereby further amended by striking from section 5 (c) the words and figures on or before July 1, 1964 and inserting in lieu thereof the words and figures within thirty (30) days after the approval of this Act, so that when so amended section 5 (c) shall read as follows: Section 5. (c) Any officer of Fulton County who is eligible and who has not heretofore qualified to participate in the benefits provided in the Judges' and Solicitor-Generals' Retirement Fund of Fulton County is hereby authorized to qualify for a pension for himself and his widow, provided such officer shall notify the trustees within thirty (30) days after the approval of this Act, of his desire to become a member of the retirement fund. Such officer shall pay into the retirement fund the percentage of his salary
Page 2866
required by the terms of the Act approved January 31, 1946 (Ga. L. 1946, p. 299) as amended, which created the retirement fund. Payments required to be made shall be divided into sixty (60) equal monthly installments which may be deducted from the compensation of any such officer and shall be deposited into the retirement fund. Such deductions shall be in addition to the deductions otherwise required. Any officer qualifying as a member of the retirement fund shall have as a credit all sums which he may have paid to any pension fund of the county during prior service as an employee or officer, without deductions, which sum shall be paid by the treasurer of Fulton County or the trustees of the pension fund, as the case may be, to the trustees and treasurer of the Judges' and Solicitor-Generals' Retirement Fund of Fulton County. Section 2. Said Act is further amended to provide that the present solicitor-general of the superior court of Fulton County shall be eligible for membership and pension benefits on the same basis as to benefits payable and payments into the fund as if his salary from Fulton County amounted to $18,000.00 per annum, without regard to whether his actual salary shall be more or less than said amount. Present solicitor-general. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1968, for the enactment of local legislation to amend the act to provide for the retirement of judges and solicitors-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County, and the assistants and deputies in the office of the solicitor-general of the Criminal Court of Fulton County, and the assistant solicitors-general of the Atlanta Judicial Circuit, approved January 31, 1946, and acts amendatory thereof, for the purposes of opening said pension fund and
Page 2867
including the solicitor-general of the Atlanta Judicial Circuit, and for other purposes. Lewis R. Slaton Solicitor General Atlanta Judicial Circuit State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company , publishers of the Fulton County Daily Report , official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20, 27th days of December, 1967, and on the 3rd day of January, 1968 as provided by law. s/ Frank Kempton Subscribed and sworn to before me, this 4 day of January, 1968. s/ Frances K. Nixon Notary Public, Georgia, State at Large. My Commission expires Jan. 8, 1972. (Seal). Approved March 26, 1968. COUNTY BOARDS OF ELECTIONS IN CERTAIN COUNTIES (500,000 or more). No. 926 (House Bill No. 1224). An Act to amend an Act providing for a board of elections in each county of this State having a population of more than 500,000 according to the United States decennial census of 1960 or any future such census, approved April 18, 1967 (Ga. L. 1967, p. 3211), so as to provide that the
Page 2868
board of elections, with the consent of the governing authority of any such county, shall be authorized to expend public funds for the purpose of distributing sample ballots and other materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a board of elections in each county of this State having a population of more than 500,000 according to the United States decennial census of 1960 or any future such census, approved April 18, 1967 (Ga. L. 1967, p. 3211), is hereby amended by adding between sections 9 and 10 a new section to be designated section 9A, to read as follows: Section 9A. With the consent of the governing authority of any such county, the board of elections shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets and other material designed to adequately inform and instruct the electors of the county with regard to elections. Sample ballots, etc. Section 2. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1968. COBB COUNTYGOVERNMENTAL REORGANIZATION STUDY COMMISSION. No. 930 (Senate Bill No. 354). An Act to create the Governmental Reorganization Study Commission of Cobb County to study the governments of Cobb County and the municipalities located therein for the purpose of improving such governments and providing
Page 2869
greater efficiency and economy; to provide for the organization and membership of said Commission; to provide for the powers and duties of the Commission; to provide that said Commission may draft a plan or plans for such improvements of the governments of Cobb County and the municipalities located therein; to provide for the submission of such plan or plans; to provide for the financing of the Commission from the funds of Cobb County and the participating municipalities; to provide that participation in the Commission on the part of the muncipalities in Cobb County shall be voluntary; to provide that the Commission may be authorized to accept donations; to provide that the creation of the Commission is for the benefit of the people of Cobb County and the municipalities located therein and is for a public purpose; to provide for the construction of this Act; to provide the procedures connected with the foregoing; to provide for the abolishment of the Commission on a certain date; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There is hereby created the Governmental Reorganization Study Commission of Cobb County, which shall be composed of sixteen (16) members as follows: One member shall be the chairman of the board of commissioners of roads and revenues of Cobb County, ex officio; two members shall be members of the General Assembly of Georgia, one of whom shall be a State Senator whose Senatorial District lies wholly or partly within Cobb County, and one of whom shall be a member of the House of Representatives whose Representative District lies wholly or partly within Cobb County, and both such members shall be elected by a majority vote of the members of the General Assembly of Georgia whose Senatorial or Representative Districts lie wholly or partly within Cobb County; five members shall be appointed by the governing authority of Cobb County, one of such members shall be an official or employee of the Cobb County Board of Education, and one of such members shall be an official or employee of the Cobb County Hospital Authority; three members shall be appointed by the governing
Page 2870
authority of the City of Marietta and one of such members shall be an official or employee of the Marietta Board of Education, and one of such members shall be an official or employee of the Marietta Hospital Authority; one member shall be appointed by the governing authority of the City of Acworth; one member shall be appointed by the governing authority of the City of Austell; one member shall be appointed by the governing authority of the City of Kennesaw; one member shall be appointed by the governing authority of the City of Powder Springs; and one member shall be appointed by the governing authority of the City of Smyrna. Created, members. (b) In the event a vacancy occurs in the membership of the Commission, said vacancy shall be filled by the appointing authority, or in the event said vacancy occurs in the membership of said Commission who are members of the General Assembly, said vacancy shall be filled in the same manner that the original members were selected. A vacancy shall exist in the membership of said Commission who are members of the General Assembly if any such member ceases to hold office as a member of the General Assembly. All members of the Commission shall be appointed or elected as provided herein within sixty (60) days after the effective date of this Act. If any such members are not elected or appointed within said period, vacancies on the Commission shall exist for those members not so elected or appointed and shall be filled as herein provided. Vacancies. Section 2. (a) The Commission shall elect from its own membership a chairman, vice chairman and secretary-treasurer by a majority vote of all members of the Commission, but in all other cases a majority of the members of the Commission shall constitute a quorum for the transaction of business. The Commission shall be further authorized to elect such other officers as it deems necessary or desirable. The chairman of the board of commissioners of roads and revenues of Cobb County is hereby designated temporary chairman of the Commission for the purpose of calling the organizational meeting of the Commission and presiding until a permanent chairman is elected as herein provided. The
Page 2871
chairman of the board of roads and revenues of Cobb County shall call said organizational meeting within ninety (90) days after the effective date of this Act. Chairman, etc. (b) The Commission shall meet upon the call of the chairman, but the chairman shall call at least one meeting during each calendar quarter. The Commission shall adopt from time to time such rules, regulations and methods of procedure as it deems expedient for the orderly transaction of business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds of the Commission, as hereinafter provided, shall be furnished to the governing authority of Cobb County and to the governing authority of each participating municipality located therein. Meetings, etc. Section 3. The Commission shall have the following duties and responsibilities: (a) To make a thorough study of all matters relating to the existing governmental and departmental structures of Cobb County, each of the municipalities located therein, public authorities, special service districts, and other governmental entities located and operating within Cobb County; Duties. (b) To determine and analyze population patterns and other trends bearing upon the demands and requirements which must be met by said governments; (c) To explore any and all ways and means by which the needs of the people coming under the jurisdiction of any one or more of said governments may be met with the maximum degree of efficiency and economy; (d) To consider what consolidation, mergers or other changes in the organization, structure, responsibility and function of any one or more of said governments, public authorities, special service districts, or any combination thereof could and should be effected in the best interest of the people involved; (e) To determine what, if any, further expansions, extensions, or other changes in territorial boundaries between
Page 2872
or among any one or more of said governments should be made; (f) To investigate and determine the most economical and effective manner of providing services of local government in Cobb County; (g) To consider revision and modernization of the form of government of Cobb County and the governments of the municipalities located therein; (h) To submit to the members of the Cobb County delegation to the General Assembly of Georgia and to the governing authority of Cobb County and each of the participating municipalities an annual report or reports embodying the Commission's findings and recommendations as herein contemplated, and to provide for the publication of a reasonable number of copies of such report or reports for distribution. Such report and any recommendations of the Commission for needed legislation shall be submitted as hereinbefore provided on or before the first day of October 1968 and 1969. Section 4. In carrying out its duties and responsibilities, the Commission shall be authorized to hold public hearings and to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which may be rendered it, and to call upon the various departments of Cobb County and the municipalities located therein for such assistance. Said Commission may employ consultants and such special technical and clerical assistance as may be necessary to enable the Commission to carry out its duties and responsibilities. The Commission is hereby authorized to enter into a contract or contracts with persons or agencies to provide any information or assistance needed by the Commission in carrying out its duties and responsibilities. Hearings, etc. Section 5. (a) The funds necessary to carry out the provisions of this Act shall come from funds appropriated to the Commission by the governing authority of Cobb County and the governing authorities of the municipalities of Acworth, Austell, Kennesaw, Marietta, Powder Springs and
Page 2873
Smyrna. The funds appropriated to the Commission shall be apportioned between Cobb County and said municipalities as follows: Sixty (60%) percent shall come from the funds of Cobb County and forty (40%) percent shall come from the funds of said municipalities. The portion to be paid by said municipalities shall be prorated among such municipalities in accordance with the population that each such municipality bears to the combined population of all such municipalities, according to the United States Decennial Census of 1960. Provided, however, the total amount to be appropriated to the Commission shall not exceed $15,000 for the full period of its existence, unless the participating political subdivisions shall unanimously agree to appropriations being made to the Commission in excess of such figure. Funds. (b) Within ninety (90) days after the organizational meeting of the Commission, the Commission shall submit to the governing authority of Cobb County and to the governing authority of each of the participating municipalities a proposed budget for its initial fiscal period of operation which may be for any number of months not to exceed twelve (12) months. Said governing authorities are hereby authorized to appropriate funds to said Commission, as provided in subsection (a) of this section, based on the proposed budget of the Commission. Subsequent budgets of the Commission shall be submitted to said governing authorities at least sixty (60) days prior to the expiration of the fiscal period covered by the previous budget, and such budgets may also be for any number of months not exceeding twelve (12) months. Said governing authorities are hereby authorized to appropriate funds to the Commission, as provided in subsection (a) of this section, based on such budgets. (c) To cover the operational expenses of the Commission from the time of its organizational meeting until the beginning of its initial fiscal period of operation, there is hereby appropriated from the funds of Cobb County and the municipalities of Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna the sum of $2,000.00, which amount shall be apportioned between Cobb County and said municipalities in accordance with the provisions of subsection (a) of this section. The proposed budget of the Commission
Page 2874
for its initial fiscal period of operation shall include an accounting of said amount, and any portion of said amount unexpended at the beginning of said initial fiscal period of operation shall be reflected in said proposed budget. (d) The funds appropriated and authorized to be appropriated by Cobb County and the participating municipalities to the Commission by this Section are for public purposes and are directly related to essential administrative and other governmental functions of said County and municipalities. Section 6. Any other provisions of this Act to the contrary notwithstanding, participation in the Commission created by this Act on the part of the municipalities named in this Act shall be voluntary. If any such municipality elects not to participate in the Commission, such municipality shall not be entitled to appoint members of the Commission as provided in Section 1 of this Act, and the total membership of the Commission, as provided in Section 1, shall be reduced accordingly. Any such municipality shall make the election of whether or not it will participate in the Commission within 60 days after the effective date of this Act by notifying, in writing, the chairman of the board of commissioners of roads and revenues of Cobb County of its decision. Failure to so notify said chairman within said time limitation, shall be deemed to be a decision in favor of participation in said Commission. If any such municipality elects not to participate in said Commission, the appropriations provided for in section 5 of this Act shall not apply to such municipality, and the operating cost of the Commission shall be borne by Cobb County and the municipalities electing to participate on the basis provided for in section 5 of this Act. Participation. 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. Donations. Section 8. It is hereby found, determined and declared that the creation of the Commission and the carrying out of its purpose is in all respects for the benefit of the people
Page 2875
of Cobb County and the municipalities located therein and is a public purpose and that the Commission will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. Purposes. Section 9. This Act, being for the welfare of the citizens of Cobb County and the municipalities located therein, shall be liberally construed to effect the purposes thereof. Intent. Section 10. The Commission created by this Act shall stand abolished on October 1, 1969. Any funds appropriated to the Commission which are unexpended on that date shall be returned to the governing authority of Cobb County and each of the participating municipalities in the same proportion that said funds were appropriated to the Commission by said governing authorities. Automatic repealer. Section 11. This Act shall become effective on April 1, 1968. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 26, 1968. ACT CREATING LAW LIBRARIES IN CERTAIN COUNTIES AMENDED (114,000-135,000). No. 932 (House Bill No. 1349). An Act to amend an Act authorizing certain counties in this State to establish and maintain a law library, approved March 30, 1965 (Ga. L. 1965, p. 2875), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3150), so as to provide the comptroller of each such county shall be the treasurer of said board; to eliminate the provision relating to the maximum amount to be collected for said law library; to provide for the maintenance, upkeep and
Page 2876
operation of said law library; to eliminate the provision reducing the costs from fifty (50) cents to twenty-five (25) cents; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing certain counties in this State to establish and maintain a law library, approved March 30, 1965 (Ga. L. 1965, p. 2875), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3150), 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 created in each county in Georgia having a population of not less than 114,000 and not more than 135,000, according to the United States official census for 1960 or any future such census, a board to be known as the Board of Trustees of the County Law Library, and hereafter referred to as the board. Said board shall consist of the senior judge of the Superior Court of the circuit in which said county is located, the ordinary, the senior judge of the civil and criminal courts, if any, and two practicing attorneys of said county. Said practicing attorneys shall be selected by the other trustees and serve at their pleasure. All of said trustees shall serve without pay. The senior judge of the superior court shall be chairman of said board and a majority of the members of said board shall constitute a quorum for the purpose of transacting all business that may come before the board. The comptroller of each such county shall be the treasurer of said board. Created, etc. Section 2. Said Act is further amended by striking in section 2 the words which read as follows: the Superior Court of Cobb County, and inserting in lieu thereof the following: the Superior Court of each such county, so that when so amended section 2 shall read as follows:
Page 2877
Section 2. There is hereby created an office to be known as secretary-treasurer of the Board of Trustees of the County Law Library in each such county, who shall be selected and appointed by the board, and he shall serve during the pleasure of the board. It shall be the duty of the ordinary or the deputy clerk of the Superior Court of each such county to act as librarian and such officials shall not receive any additional compensation for the performance of such duties. Section 3. Said Act is further amended by striking in section 6 the following: until the sum of $30,000 shall have been collected, so that when so amended section 6 shall read as follows: Section 6. For the purpose of providing funds for the purpose of purchasing law books, reports, texts and periodicals for such library the sum of fifty cents (50) 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 quasi-criminal nature, filed in the superior, civil and criminal, county, city and 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 such counties in which such a law library shall be established shall collect such fees and remit same to the treasurer of the Board of Trustees of the County Law Library of the county in which said case was brought on the first day of each month. Where the costs in criminal cases are not collected, the costs herein 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 4. Said Act is further amended by adding at the end of the first sentence in section 7 the following:
Page 2878
and for the maintenance, unkeep and operation of said law library, so that when so amended section 7 shall read as follows: Section 7. The money so paid into the hands of the treasurer of the Board of Trustees of the County Law Library herein provided shall be used for the following purposes: The purchase of law books, reports, texts and periodicals and for the maintenance, upkeep and operation of said law library. All law books, reports, texts and periodicals purchased by the use of gifts and from the aforesaid funds shall become the property of the county. Use of funds. Section 5. Said Act is further amended by striking section 10 which reads as follows: Section 10. When the sum of $30,000 shall have been accumulated pursuant to the provisions of section 6 of this Act, the cost of fifty cents (50), as provided for in section 6 of this Act, shall be reduced to the sum of twenty-five cents (25) and the funds derived therefrom shall be used for the purpose of purchasing replacement and additional volumes in order to maintain said libraries., Repealed. in its entirety. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1968. COBB COUNTYLAW LIBRARY. No. 933 (House Bill No. 1350). An Act to create a law library for the use of the judges, solicitors, ordinanries and other officers of Cobb County; to provide methods for financing the costs of establishing and maintaining said library; to provide for a board to receive and disburse the funds so provided; to provide
Page 2879
the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in Cobb County, a board to be known as the Board of Trustees of the County Law Library, and hereafter referred to as the board. Said board shall consist of the senior judge of the Superior Court of the Cobb Judicial Circuit, the ordinary, the senior judge of the civil and criminal courts of Cobb County and two practicing attorneys of said county. Said practicing attorneys shall be selected by the other trustees and serve at their pleasure. All of said trustees shall serve without pay. The senior judge of the Superior Court shall be chairman of said board and a majority of the members of said board shall constitute a quorum for the purpose of transacting all business that may come before the board. The comptroller of Cobb County shall be the treasurer of said board. Created, etc. Section 2. There is hereby created an office to be known as secretary-treasurer of the Board of Trustees of the County Law Library in said county, who shall be selected and appointed by the board, and shall serve at the pleasure of the board. It shall be the duty of the ordinary or the deputy clerk of the Superior Court of Cobb County to act as librarian and such official shall not receive any additional compensation for the performance of such duties. Secretary-treasurer, etc. Section 3. The board shall have control of the funds provided for in this Act and all funds received shall be deposited in a special account to be known as the County Law Library Fund. Said board shall have authority to expend the funds in accordance with provisions of this Act, and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this State. Funds. Section 4. The Board of Trustees hereby created is given the following powers and duties: to provide for the collection of all money provided for in this Act; to select the books, reports, texts and periodicals; to make all necessary rules and regulations governing the use of the library; to
Page 2880
keep records of all its meetings and proceedings; all other powers necessary for the proper administration of the provisions of this Act. Duties, etc. Section 5. The board may take by gift, grant, devise of bequest any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of the library. Gifts. Section 6. For the purpose of providing funds for the purpose of purchasing law books, reports, texts and periodicals for such library the sum of fifty cents (50) 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 quasi-criminal nature, filed in the superior, civil and criminal, county, city and any other court of record except recorders of police courts, in and for said county, and the clerks of each and every such court in such county shall collect such fees and remit same to the treasurer of the Board of Trustees of the County Law Library of said county on the first day of each month. Where the costs in criminal cases are not collected, the costs herein 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 7. The money so paid into the hands of the treasurer of the Board of Trustees of the County Law Library herein provided shall be used for the following purposes: the purchase of law books, reports, texts and periodicals and for the maintenance, upkeep and operation of said library. All law books, reports, texts and periodicals purchased by the use of gifts and from the aforesaid funds shall become the property of the county. Use of funds. Section 8. The treasurer of the board shall give a good and sufficient surety bond payable to the county in such
Page 2881
an amount as may be determined by the board to faithfully account for all funds received and disbursed by him. The premium on said bond shall be paid out of the County Law Library Fund. Bond. Section 9. A case, within the meaning of section 6 of this Act, shall mean and be construed as any matter which is docketed upon the official dockets of said courts and to which a number is assigned, whether such matter is contested or not. Definition. Section 10. All laws or parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1968 session of the General Assembly an act to authorize Cobb County, Georgia, to establish a law library and for other purposes. This 27th day of December, 1967. G. Robert Howard Representative 101st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Robert Howard who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in The Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, and 19, 1968. G. Robert Howard Representative, 101st District
Page 2882
Sworn to and subscribed before me, this 8th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. Approved March 27, 1968. ATKINSON COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 934 (House Bill No. 1588). An Act to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 236), an Act approved February 13, 1956 (Ga. L. 1956, p. 2252), and an Act approved February 14, 1958 (Ga. L. 1958, p. 2070), so as to create a board of commissioners of roads and revenues composed of three members, each to be elected from one of the three militia districts in Atkinson County; to provide for the election of the chairman of the board; to provide for rotation of chairmen; to provide for a referendum; to provide for compensation of the chairman and 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 the office of commissioner of roads and revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 236), an Act approved February 13, 1956 (Ga. L. 1956, p. 2252), and an Act approved February 14, 1958 (Ga. L. 1958, p. 2070), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows:
Page 2883
Section 1. There is hereby created the board of commissioners of roads and revenues of Atkinson County to be composed of three members to be elected as hereinafter provided. Created, districts, etc. For the purpose of electing members to the board of commissioners of roads and revenues of Atkinson County, Atkinson County shall be divided into three election districts, as follows: Election District No. 1 shall be composed of that territory embraced within Militia District No. 1026 (Willacoochee). Election District No. 2 shall be composed of that territory embraced within Militia District No. 1130 (Pearson). Election District No. 3 shall be composed of that territory embraced within Militia District No. 1353 (Axson). 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. Each of the three (3) members of the board shall occupy a board post, the same numbered one (1) through three (3). Posts one (1) through three (3) shall be occupied by board members from election districts one (1) through three (3), respectively. Members. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof the following: Section 3. A candidate must have been a resident of the election district from which he offers for at least one year prior to the date of the election. To be elected as a member of the board, a candidate must receive a majority of the votes cast for the board post for which he is running. In the event no person receives a majority of the votes cast for a post, then it shall be the duty of the ordinary of Atkinson County to hold and conduct a runoff election between
Page 2884
the two candidates receiving the highest number of votes for such post. Such runoff election shall be held two weeks after the initial vote for such board members. The expense of the election shall be borne by Atkinson County. In the event of a vacancy on the board for any reason other than the expiration of a term of office, the remaining members shall elect a person from the election district in which the vacancy occurs, who shall serve for the unexpired term. In the event a board member shall move his residence from such district, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies. Candidates, etc. Section 4. 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 conducted in 1968, there shall be elected the first members of the board who shall take office on January 1, 1969, to serve for terms of four years each and until successors are elected and qualified. Terms, etc. Section 5. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. The members of the board shall receive one hundred dollars ($100.00) per month as full compensation for their duties. The chairman of the board shall receive two hundred dollars ($200.00) per month as full compensation for his duties. Salaries. Section 6. 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. At the first meeting of the board conducted in January, 1969, and at the first meeting in January each year thereafter, the members of the board shall elect from among themselves a chairman who shall serve for one year. The members of the board shall determine, at the first meeting in January, 1969, a method by which the
Page 2885
members of the board shall rotate as chairman. Each member shall serve as chairman for one year. Chairman. Section 7. 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 commissioners of roads and revenues of Atkinson County shall be commissioned by the Governor of Georgia, shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of said county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00, to be approved by the ordinary, and payable to the ordinary and his or her successors in office, conditioned for the faithful discharge of their duties, and to account for all funds and property of said county coming into their possession. The surety on said bond shall be a corporate surety company, and a corporate surety company authorized to do business in this State, and the premium therefor shall be paid out of the revenue of said county, without any deduction or contribution from such commissioners. Oaths, bonds, etc. Section 8. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The clerk of the Superior Court of Atkinson County shall be the clerk of the commissioners of roads and revenues of said county, and shall receive as remuneration for his services a sum to be fixed by said commissioners, but not to exceed $50.00 per month. Clerk. Section 9. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. The commissioners shall meet together once each month on a day to be fixed and determined by them, of which notice will be given. Said meetings so held shall be
Page 2886
denominated regular meetings for the transaction of all matters which, by law, come under the jurisdiction of the board, and shall be held at such place as may be designated in the courthouse at Pearson, Georgia, for the purpose. Meetings. Section 10. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. The commissioners, or their clerk, shall keep their office open on at least one day during each week, and during reasonable hours on such date, for the transaction of public business in connection with their office, the date to be determined by them, and notice thereof placed upon the door of said office. They shall use so much of the remaining time as is needful and necessary in giving personal supervision to the laying out of road work, to the construction and repair of bridges, the inspection and repair of such property, and in giving general direction and management to the county affairs howsoever needed, and shall have no other occupation. Office hours, etc. Section 11. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11, to read as follows: Section 11. At the regular meeting provided for, said commissioners shall submit all bills, claims, and demands which may have been filed with them and which have not already been submitted, together with all contracts or proposals contemplated, or about to be entered into by the said commissioners on behalf of said county; said commissioners being specifically authorized and empowered to purchase such provisions and other articles, make such repairs, and enter into such contracts or proposals as are immediately necessary. Powers. Section 12. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12, to read as follows:
Page 2887
Section 12. It shall be the duty of said board to cause the clerk to make up a list of receipts of the county and the sources thereof, and of the disbursements or expenditures, and to whom and for the purpose made, and cause the same to be published in the official organ of said county each month. Records. Section 13. 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. It shall be unlawful for any candidate for commissioner of roads and revenues of Atkinson County to enter into any agreement with any person or persons as to the disposal of any work, or the purchase of any supplies, or as to any appointment under his control; and any person so offending shall be ineligible to hold said office, and he shall be removed therefrom if the fact of such agreement is not discovered until after his induction into office. Candidates. Section 14. 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. It shall be a misdemeanor, and punishable as such for any commissioner of roads and revenues to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies, machinery, mules, or other articles, or things for the County of Atkinson, or for which the County of Atkinson may be called upon to make payment; and upon conviction such commissioner shall be ineligible to longer hold office, and shall be removed therefrom. Crimes. Section 15. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15, to read as follows: Section 15. The commissioners of roads and revenues shall have authority to employ competent legal representation, and to secure competent legal advice in connection with all matters affecting the county's affairs, or its fiscal business,
Page 2888
and shall be authorized and empowered to pay for such representation and advice such reasonable sum or sums, amount or amounts, as to them shall be deemed proper, the same to be made out of the general funds of the county; provided, however, no such attorney, or legal advisor shall be eligible to such employment, or be paid as herein provided, if he is at the time receiving or has within sx months received remuneration from Atkinson County, either directly or indirectly, for any other service or purpose than purely legal advice or representation. Counsel. Section 16. Said Act is further amended by striking sections 16, 17, 18, 19, and 20 in their entirety. Repealed. Section 17. It shall be the duty of the ordinary of Atkinson County to issue the call for an election for the purpose of submitting this Act to the voters of Atkinson County for approval or rejection. The ordinary shall set the date of such election for April 17, 1968. 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 Atkinson County. The ballot shall have written or printed thereon the words: For approval of the Act creating a Board of Commissioners of Roads and Revenues of Atkinson County. Referendum. Against approval of the Act creating a Board of Commissioners of Roads and Revenues of Atkinson 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 Atkinson 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
Page 2889
of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, so as to create a board of county commissioners; to repeal conflicting laws; and for other purposes. This 12th day of January, 1968. Robert C. Pafford, Representative, 97th District Frank Eldridge, Jr. Senator, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative from the 97th District, and that the attached copy of notice of intention to introduce local legislation was published in the Atkinson County Citizen and Pearson Tribune which is the official organ of Atkinson County, on the following dates: January 18, 25, and February 1, 1968. Robert C. Pafford Representative, 97th District
Page 2890
Sworn to and subscribed before me, this 27th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 27, 1968. CLINCH COUNTYSALARIES OF SHERIFF AND DEPUTY SHERIFF. No. 935 (House Bill No. 1589). An Act to amend an Act abolishing the fee system of compensation for the sheriff of Clinch County and providing a salary system in lieu thereof, approved March 30, 1965 (Ga. L. 1965, p. 2897), so as to change the compensation of the sheriff; to change the compensation of the sheriff's clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the sheriff of Clinch County and providing a salary system in lieu thereof, approved March 30, 1965 (Ga. L. 1965, p. 2897), is hereby amended by striking from section 2 the figure $7,200.00 and inserting in lieu thereof the figure $8,100.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary in the amount of $8,100.00 payable in equal monthly installments from the funds of Clinch County. Sheriff's salary. Section 2. Said Act is further amended by striking from section 9 the figure $2,400.00 and inserting in lieu thereof the figure $4,200.00, so that when so amended section 9 shall read as follows:
Page 2891
Section 9. The sheriff is hereby authorized to appoint one (1) clerk, who may also be appointed a deputy sheriff in the discretion of the sheriff, to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. Said clerk, whether acting as clerk or deputy sheriff, or both, shall receive an annual salary in the amount of $4,200.00 payable in equal monthly installments from the funds of Clinch County. Deputy sheriff. Section 3. This Act shall become effective on April 1, 1968. 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 regular 1968 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Clinch County on an annual salary, so as to change the compensation of the sheriff's clerk and the sheriff, to repeal conflicting laws; and for other purposes. This 19th day of January, 1968. Robert C. Pafford Representative, 97th District Frank Eldridge Senator 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative from the 97th District, and that the attached copy of notice of intention to introduce local legislation was published in The Clinch County News which is the official organ of
Page 2892
Clinch County, on the following dates: January 25, February 1 and 8, 1968. /s/ Robert C. Pafford Representative, 97th District Sworn to and subscribed before me, this 27th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires January 2, 1970. (Seal). Approved March 27, 1968. CITY OF DECATUR PARKING AUTHORITY ACT. No. 947 (House Bill No. 1366). An Act to create the City of Decatur Parking Authority and to authorize such Authority to acquire, construct, equip, maintain and operate parking lots, parking garages, parking decks, and the usual facilities related thereto and the usual convenient facilities appertaining to such undertaking, and extensions and improvements of such facilities; to acquire the necessary property therefor, both real and personal, and to lease, sell, and operate any or all of such facilities, including real property; to confer powers and to impose duties on the authority; to provide for the membership and the appointment of membership of the Authority and their terms of office and compensation; to authorize the Authority to contract with others pertaining to the use of the facilities and to execute leases for such facilities and to convey title to real property in fee simple of the Authority; and to do all things deemed necessary and convenient for the operation of such undertaking; to authorize the issuance of revenue
Page 2893
bonds, obligations of the Authority, payable from the revenues, tolls, fees, licenses, charges and earnings of the Authority, including, but not limited to, earnings derived from fees, contracts, leases, concessions and income from conveyances of real and personal property of the authority; to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds and obligations; and to authorize the execution of resolutions, notes and security instruments to secure the payment thereof; and to define the rights of the holders of such bonds or obligations; to make the bonds and obligations of the Authority and the interest thereon exempt from taxation; to authorize the issuance of refunding bonds and obligations; to provide that the properties of the Authority shall be exempt from taxation; to fix the venue or jurisdiction of all actions relating to any provisions of this Act; and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1937, p. 761 et seq., amended, or later amended); to provide for the separate enactment of each provision of this act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes. Be it therefore enacted by the General Assembly of Georgia, and it hereby enacted by the authority of the same: Section 1. Short Title This may be cited as the City of Decatur Parking Authority Act. Section 2. City of Decatur Parking Authority . There is hereby created a body corporate and political, to be known as the City of Decatur Parking Authority, which shall be deemed to be a political subdivision of the State of Georgia, and a public corporation by that name and style; 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 3 members.
Page 2894
The original members of the Authority and their initial terms of office shall be as follows: James F. Davis 1 year term 433 Glenndale Avenue Wiley S. Ansley 1 year term 179 Pinecrest Avenue Dr. J. Davison Philips 1 year term 344 S. Candler Street The initial terms of office shall extend from the organizational meeting of the Authority in 1968 until its annual meeting in 1969. All subsequent terms of office shall be for four years. All vacancies in the membership of the Authority, whether caused by expiration of term of office, death, resignation, or otherwise, shall be filed by the governing Authority of the City of Decatur, Georgia, upon nomination by the Chairman of the City Commission or the Chief Executive officer and confirmation by the governing body of said city. Any member of the Authority may be elected to succeed himself. All members, duly appointed, shall hold office until his or her successor shall be appointed and duly qualified. Any member, appointed to fill an unexpired term, shall serve for only the term of the member he or she replaced. The Authority shall elect one of its members as chairman, and another member as vice-chairman, both of whom shall be elected for a term of one (1) year, the first chairman and vice-chairman to serve from the organizational meeting of the Authority in 1968, and until the annual meeting in 1969, or until their successors are elected and qualifed. Subsequent chairmen and vice-chairmen shall be elected at the annual meeting of the Authority for a term of one (1) year. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the Authority and, if not a member, he or she will have no voting rights and shall be elected for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she will be elected in the same manner and for the same term as
Page 2895
the chairman and vice-chairman. No member of the Authority shall hold more than one office except that of secretary and treasurer. Two members of the Authority eligible to vote shall constitute a quorum. A majority of the quorum is empowered to exercise all of the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to act. The members of the Authority shall serve without compensation, except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions . As used in this Act, the following meanings: (A) The word Authority shall mean the City of Decatur Parking Authority created in section 2 of this Act. (B) The words Projects or Project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of parking lots, parking garages, parking deck or similar improvements and the usual facilities related thereto, with 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, in the lease or sale of any part of all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such facilities and area, deemed by the Authority to be necessary, convenient or desirable. (C) The term cost of the project shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction, and for six months after
Page 2896
completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and 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 and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project or projects and may be paid or reimbursed out of funds of the Authority including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects. (d) The terms revenue bonds, bonds and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto; and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers The Authority shall have the powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by gift, purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction
Page 2897
experts, fiscal agents and attorneys, and fix their respective compensations; (d) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations, all cities, towns and counties, and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; (e) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, furnish, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds made available to the Authority; (f) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America of such agency or instrumentality, may impose; (g) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (h) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide
Page 2898
for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (j) The Authority and any trustee acting under any trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose of which the Authority was created, except as such right and power may be limited as provided in section 18 hereof; (k) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue bonds The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby shall have the 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 not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payments 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
Page 2899
Revenue Bond Law (Ga. L. 1937, p. 761 et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Same; Form; Denominations; Registration; Place of payment The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denominations or denomination of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; Signature; Seal All such bonds shall bear the manual or facsimile signature of the chairman or vice-chairman of the Authority, which shall be attested to by the secretary of and the treasurer of the Authority and the official seal of the Authority shall be affixed thereto. Any coupons attached thereto, shall bear the facsimile signature of the secretary and treasurer of the Authority. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8. Same; Negotiability; Exemption from Taxation All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.
Page 2900
Section 9. Same; Sale; Price The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par. Section 10. Same; Proceeds of bonds The proceeds of such bonds shall be used solely for the payment of the cost of project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose of which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in any trust indenture. Section 11. Same; Interim receipts and certificates or temporary bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; Replacement of lost or mutilated bonds The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. Conditions precedent to issuance: Object of issuance Such revenues 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
Page 2901
of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 14. Credit not pledged Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of any city or county in the State of Georgia but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate any city or county in said State to levy or to pledge any form of taxation whatever therefor or to make an appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 15. Same; Trust indenture as security In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, rents, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale, from time to time, of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants 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
Page 2902
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 of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. Same; To whom proceeds of bonds shall be paid The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purpose hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; Sinking fund The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such, fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of
Page 2903
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 principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; Remedies of bondholders Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by any trust indenture may, either at law or in equity, but suit or by 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 or revenues, bonds, fees, tolls and other charges for the use of the facilities and services furnished.
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Section 19. Same; Refunding bonds The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof and the duties of the Authority in respect to the same, shall be governed by the forgoing provisions of this Act insofar as the same may be applicable. Section 20. Same; Venue and Jurisdiction Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of DeKalb County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions. Section 21. Same; Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue 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 of and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and against any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States government, if a party to the validation proceedings,
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contracting with the said City of Decatur Parking Authority. Section 22. Same; Interest or bondholders protected While any of the bonds issued by the Authority remain outstanding the powers, duties or existence of said Authority, or of its officers, employees or agents, shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Monies received considered trust funds All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, revenues, incomes, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the authority Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating parking lots, parking garages, parking decks, and the usual facilities related thereto and the usual convenient facilities appertaining to such undertaking, and the extensions and improvements of such facilities; the extensions and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority, necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 25. Rates, charges and revenues; Use The Authority is hereby authorized to prescribe for and fix and
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collect rates, fees, tolls and charges, and to revise from time to time, and collect such rates, tolls, fees and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of the its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its land and facilities. Section 26. Properties exempt from taxation The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private or corporate benefit and income, and such properties and the Authority shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof. Section 27. Rules and regulations for operation of projects It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act. Section 28. Powers declared supplemental and additional The foregoing sections of this act shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 29. Effect or partial invalidity of Act The provisions of this Act are severable, and if any of its provisions
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shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 30. Notice of intention to apply for enactment Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and declares that notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice, together with proof of publication, is hereto attached and made a part hereof. Section 31. Effective date .This Act shall become effective upon ratification at the 1968 general election of a constitutional amendment authorizing the same. Section 32. Repeal .All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Logal Legislation. Notice is hereby given that there will be introduced at the January, 1968 session of the General Assembly of Georgia a bill to create the City of Decatur Parking Authority; to provide the powers and duties of such authority; to provide methods of financing authorized undertakings by the issuance of revenue bonds and otherwise; to authorize the authority to own, operate, maintain, sell and lease property and facilities, to contract, to sue and be sued, to borrow money and pledge its assets; to collect and disburse money; to own and operate recreational facilities and to do all things necessary or incident thereto; to have all the rights and privileges of corporations generally and to be a body politic; and for other purposes. J. Robin Harris, Representative District 118, Post 1 Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who,
Page 2908
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 introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being December 21, December 28, 1967 and January 4, 1968. Britt Fayssoux Sworn to and subscribed before me, this 4 day of January, 1968. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Feb. 21, 1971. Approved March 28, 1968. COMPENSATION TO MRS. LOUIE MAE GREEN. No. 129 (House Resolution No. 615-1310). A Resolution. To compensate Mrs. Louie Mae Green; and for other purposes. Whereas, on Sunday, September 3, 1967, at 2:10 p.m., the son of Mrs. Louie Mae Green was driving her 1958 Ford 11.3 miles west of Douglas, Georgia on Georgia Highway 32; and Whereas, the son of Mrs. Louie Mae Green was stopped, preparing to make a left-hand turn, when Major Porter
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Weaver, of the Georgia State Patrol driving a 1966 Pontiac sedan owned by the Department of Public Safety, ran into the rear of the car owned by Mrs. Louie Mae Green, causing injury to her son and her car, through no fault or negligence of her own or her son; and Whereas, it is only just and proper that Mrs. Louie Mae Green be compensated in an amount of $359.85 for her loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay to Mrs. Louie Mae Green the sum of $356.85 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. Approved March 28, 1968. CITY OF AUGUSTACHARTER AMENDED. No. 954 (House Bill No. 835). An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved January 31, 1798 (Ga. L., 1798), as amended by the various amendatory Acts thereof, and especially as amended by an Act approved February 15, 1952 (Ga. L., 1952, p. 2771, et seq.) entitled Augusta Civil Service Commission, so as to provide that the rules of the police department shall designate the title of chief of detectives as captain of detectives and that said rules shall establish the grades of corporal and of detective; to provide further for changes in the rules governing eligibility for promotion to the various grades of the police department and for changing the maximum age at which policemen may be employed from thirty-five (35) years to
Page 2910
thirty-nine (39) years; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. L., 1798), as amended by the various amendatory Acts thereof, and especially as amended by an Act approved February 15, 1952 (Ga. L., 1952, p. 2771, et seq.) and all amendments thereto, is hereby further amended as follows: Section 2. That there is hereby added to paragraph (2) of section 7 thereof, immediately after the words and figures thirty-five (35) years, the following: for the fire department or is over the age of thirty-nine (39) years for the police department. Age of policemen. Section 3. That subparagraph (1) of paragraph (n) of section 7 thereof is hereby deleted and there is substituted therefor, the following to be known as subparagraph (1) of paragraph (n) of section 7 thereof: (1) Chief of Police; Captain; Captain of Detectives; Lieutenant; Sergeant; Corporal; Detective; Private and Probationer. Ratings. Section 4. That paragraph (o) of section 7 thereof is hereby deleted and there is substituted therefor, the following to be known as paragraph (o) of section 7 thereof: (o) Eligibility for promotion in the police department shall be as follows: (1) To the grade of corporal: Service in the grade of private for not less than two years; (2) To the grade of detective: Service in the grade of private for not less than two years;
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(3) To the grade of sergeant: Service in the grade of private, detective or corporal for not less than two years. (4) To the grade of lieutenant: Service in the grade of sergeant for not less than two years; or service in the grade of detective for not less than four years; (5) To the grade of captain of detectives: Service in the grand of lieutenant for not less than two years; or service in the detective department as sergeant for not less than two years, or as detective for not less than four years; (6) To the grade of captain: Service in the grade of lieutenant for not less than two years; (7) To the grade of chief of police: Service in the grade of captain, for not less than two years. Section 5. 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 there will be introduced at the January-March, 1967 Session of the General Assembly of Georgia a bill to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved January 31, 1798 (Ga. L., 1798) as amended by the various amendatory acts thereof, and especially as amended by an Act approved February 15, 1952, (Ga. L., 1952, p. 2771, et seq.) entitled Augusta Civil Service Commission, so as to provide that the rules of the police department shall designate the title of chief of detectives as captain of detectives and that said rules shall establish the grades of corporal and of detective; to provide further for changes in the rules governing eligibility for promotion to the various grades of the police department and for changing the maximum age at which policemen may be employed from 35 years to 39 years; and for other purposes. Samuel C. Waller City Attorney The City Council of Augusta
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State of Georgia, Richmond County. Personally appeared, W. S. Morris, III, who being duly sworn says that he is president of Southeastern Newspapers Corporation and as such publishes 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: January 6, 13 and 20, 1967. W. S. Morris, III President Sworn to and subscribed before me, this 20th day of January, 1967. /s/ Katie Broadwater Notary Public, Richmond County, Ga. My Commission expires Jan. 14, 1968. (Seal). Approved March 28, 1968. MILLER COUNTYCHECK SYSTEM. No. 958 (House Bill No. 1601). An Act to amend an Act creating a board of commissioners of roads and revenues for Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an Act approved February 20, 1957 (Ga. L. 1957, p. 2194), so as to change from the warrant system to the check system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an
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Act approved February 20, 1957 (Ga. L. 1957, p. 2194), is hereby amended by striking section 9 in its entirety inserting in lieu thereof a new section 9 to read as follows: Section 9. All checks drawn on county funds shall be signed by the chairman of the board and attested by the clerk of said board and must be approved by a majority of the quorum present and voting thereon. 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 1968 Session of the General Assembly of Georgia, a bill to amend the Act No. 77 (House Bill 433) approved Feb. 20, 1957. The section 9 of said bill will be amended to change from the warrant system to the check system, and for other purposes. Donald Kirksey Representative, 87th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald R. Kirksey who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of notice of intention to introduce local legislation was published in the Miller County Liberal which is the official organ of Miller County, on the following dates: February 1, 8, and 15th of 1968. s/ Donald R. Kirksey Representative, 87th District
Page 2914
Sworn to and subscribed before me, this February 27, 1968. s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved March 29, 1968. BRUNSWICKGLYNN COUNTY CHARTER COMMISSION. No. 959 (House Bill No. 1611). An Act to create the Brunswick-Glynn County Charter Commission; to provide for a short title; to provide for definitions; to provide for appointment of the members of said commission; to provide for the organizational meetings of said commission; to provide for the election of a permanent chairman; to provide for the powers and duties of said commission; to provide that said commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of said commission and for the payment of same by the governing authorities of the City of Brunswick and Glynn County; to provide that said commission shall be authorized to study all matters relating to the governments of the City of Brunswick and Glynn County and all matters relating to the establishment of a single countywide government with powers and jurisdiction throughout the territorial limits of Glynn County; to provide for the powers of said commission relating to drafting a proposed countywide government charter; to provide for submission of such proposed countywide government charter to the qualified voters of Glynn County for approval or rejection; to provide the manner in which such charter shall be submitted to said voters; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and matters
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relative to the foregoing; 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 and may be cited as the Act creating the Brunswick-Glynn County Charter Commission. This Act is pursuant to the authority granted by amendment to Article XI, Section I, Paragraph VII of the Constitution ratified at the November general election held in 1966 and set forth in Georgia Laws 1966, p. 823. Short title. Section 2. Definitions . As used in this Act, the following terms shall have the meaning or meanings ascribed to them unless the context clearly requires otherwise. (a) Brunswick or City of Brunswick or Governing Authority of the City of Brunswick shall mean the Mayor and Commissioners of the City of Brunswick. (b) Governing Authority of Glynn County shall mean the Commissioners of Roads and Revenues of Glynn County. (c) Charter Commission or Commission shall mean the Brunswick-Glynn County Charter Commission provided for in this Act. Section 3. (a) There is hereby created the Brunswick-Glynn County Charter Commission, which shall consist of twenty-seven (27) members, who shall be appointed as hereinafter provided. (1) The governing authority of the City of Brunswick shall appoint five (5) members, all of whom shall reside within the corporate limits of the City of Brunswick. The governing authority of Glynn County shall appoint five (5) members, all of whom shall reside within Glynn County without the corporate limits of the City of Brunswick. In the event either of said governing authorities fails to appoint any of its members within two (2) weeks after the approval of this Act by the Governor, or its otherwise becoming law, then the grand jury of Glynn County shall
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appoint such members as the governing authorities fail to appoint. Created, members, etc. (2) Fifteen (15) members of said charter commission are hereby appointed by the legislative delegation to the General Assembly of Georgia whose Representative or Senatorial Districts lie wholly or partly within Glynn County. These members shall be as follows: Mr. Larry Brumit, Sr. Mr. Ralph Bufkin, Sr. Mr. Lamar Floyd Mr. O. G. Hall, Jr. Mr. Jack Hutto Mr. Rodney Jones Mr. Alfred W. Jones, Sr. Mr. Gene Leggett Mr. Jack Lissner Mr. Harold Pate Mr. Ben Slade Mr. Glenn Sutton Mr. Charles Thrower Rev. C. E. Tillman Mr. J. S. Wilkerson (3) The city attorney and the county attorney shall be members of said charter commission. (b) In addition to the foregoing members, the chairman of the commissioners of roads and revenues of Glynn County or a member of the governing authority of Glynn County appointed by said chairman and the mayor of the City of Brunswick or a member of the governing authority of the City of Brunswick appointed by said mayor shall be ex officio non-voting members of said charter commission. (c) Except as otherwise provided in subsection (b) of this section, no member of said charter commission shall hold any public office where the holder of such public office
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is elected by the people. To be eligible for appointment a person must be at least 21 years of age, shall have been a resident of the State for two years and a resident of Glynn County for one year at the time of appointment. If a vacancy should occur on said commission for any reason, the appointing authority shall promptly fill the same. If the appointment is not made within fourteen (14) days from the time a vacancy occurs, the Grand Jury, if in session at the time the vacancy occurs, shall promptly fill the same, or if this is not possible because the vacancy occurs at the end of a grand jury's term, the next grand jury shall promptly fill the same. Except for the election of a permanent chairman, as provided in subsection (a) of section 4, fifteen (15) members of said commission shall constitute a quorum for the transaction of business. Section 4. (a) The charter commission shall hold an organizational meeting within twenty-one (21) days after the approval of this Act by the Governor or its otherwise becoming law. The mayor of the City of Brunswick and the chairman of the commissioners of roads and revenues of Glynn County shall call such organizational meeting. In calling said organizational meeting, the mayor of the City of Brunswick and the chairman of the commissioners of roads and revenues of Glynn County shall designate to the members of the charter commission the date, time and place that said organizational meeting shall be held. The first order of business at said organizational meeting shall be the election of a permanent chairman who shall be elected by majority vote of all members of the commission. In case a vacancy should occur in the post of permanent chairman, the successor shall be elected by a majority of all members of the commission after such vacancy is filled as herein provided. Chairman, organization, etc. (b) After organization and election of a permanent chairman, said charter commission shall be authorized to elect a secretary, who need not be a member, and such officers as it shall deem necessary among its members. Said charter commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Brunswick and
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Glynn County and in drafting a charter for a single countywide government in the event said charter commission determines that such single countywide government shall be created as hereinafter provided. Said charter commission shall not employ for pay any person to assist it in making its studies and drafting a countywide government charter, as herein provided, who holds any public office where the holder of such public office is elected by the people. (c) The members of the charter commission shall not receive per diem or other compensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the charter commission. The staff employed by said charter commission shall be paid compensation as determined by said commission within the limits of the funds available to it under the provisions of this Act. The governing authority of the City of Brunswick and the governing authority of Glynn County are hereby authorized to expend public funds in carrying out the provisions of this Act, and shall share equally the expense thereof. Each of said governing authorities shall initially appropriate not less than seven thousand five hundred dollars ($7,500.00) for said charter commission, and the treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of said charter commission and by one other member of said commission designated by the chairman. Said governing authorities shall appropriate such additional funds, in equal amounts, as may be necessary to meet the expenses of said charter commission, provided such additional expenditures shall be first approved by each of such governing authorities. All public officials upon request shall furnish the charter commission with information and assistance necessary or appropriate for it to carry out its duties. Section 5. The Brunswick-Glynn County Charter Commission shall be authorized to study all matters relating to the governments of the City of Brunswick and Glynn County and all matters relating to the establishment of a single countywide government with powers and jurisdiction throughout the territorial limits of Glynn County. Said
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charter commission shall make such recommendations, at the time provided for hereinafter, to the governing authorities of the City of Brunswick and Glynn County concerning any changes in the governments of the City of Brunswick and Glynn County which the studies of said charter commission indicate are necessary or desirable. Said charter commission shall be further authorized, if its studies so indicate, to draft a charter creating a single countywide government, which government may supersede and replace the existing governments of the City of Brunswick and Glynn County and may also supersede and repalce any public authorities and special service districts located and operating within Glynn County, except as prohibited by the Georgia Laws 1966, pages 823 et seq., amending Article XI, Section I, Paragraph VII of the Georgia Constitution. Duties. Section 6. (a) In the event said charter commission determines that a charter should be drafted to create a single countywide government, as provided in section 5, said charter commission shall be authorized to draft a proposed charter creating such countywide government which shall be submitted to the qualified voters of Glynn County as hereinafter provided. Powers. (b) In the event said charter commission determines that such single countywide government charter should be drafted, the General Assembly hereby delegates its powers to said charter commission to draft a proposed countywide government charter which may include any provisions necessary to effectuate the purposes thereof. To that end and without limiting the generality of the foregoing, the General Assembly hereby authorizes said charter commission to draft a proposed charter which may provide for any one or more, or a combination of the following: (1) For the abolishment of the existing governments of the City of Brunswick and Glynn County and for the creation of a new single government having all powers formerly exercised by the City of Brunswick and Glynn County, and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or
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counties, or both, by the Constitution of Georgia or by other provisions of law; the form and composition of said new government to be as said charter shall provide. (2) For the new countywide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs. (3) For the abolishment or modification of any one or more public offices, including coroner, county surveyor, tax collector, tax receiver and county treasurer, or positions of public employment of the City of Brunswick and Glynn County, and for the abolishment or modification of any public authorities and special service districts located within Glynn County whether created by law or by provisions of the Constitution of Georgia, except as otherwise provided in section 5 of this Act, and for the transfer of all powers, duties and obligations of such authorities and districts to the new countywide government in such manner as said charter shall provide, and as further cumulative of its powers, to provide for administrative division or changes with reference to the duties and responsibilities of any other public office or official as said commission shall deem necessary for the efficient functioning thereof. (4) For the creation of the governing authority of the single countywide government, including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said countywide governing authority. (5) For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment
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of said countywide government and all other matters necessary or incidental thereto. (6) For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said countywide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district. (7) For the assumption by said countywide government of all bonded indebtedness and all other obligations of whatever kind of the City of Brunswick and Glynn County and a method by which said countywide government shall assume the payment of any obligations of the City of Brunswick and Glynn County issued under the Revenue Bond Law. (8) For the transfer to said countywide government of the assets, contracts and franchises of the City of Brunswick and Glynn County. (9) The purposes for which said countywide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such countywide government or any agency thereof. (10) For the method or methods by which said charter may be amended. (11) To provide for such other provisions in said charter as may seem necessary and needful to it so as to achieve the objectives of consolidation of the governments and functions of the City of Brunswick and Glynn County and the creation of a successor government, and the powers herein granted to said charter commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose.
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(12) Said Charter Commission is authorized to contract with any public or private institution or body for any special studies or assistance as it shall deem necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to it by the respective governing bodies. (13) Any successor government created and established hereunder shall without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets and rights previously belonging to the City of Brunswick and Glynn County. Nothing in paragraphs numbered (1) through (13) inclusive immediately above shall be construed so as to authorize the charter commission to: Limitation on powers. (1) Abolish or alter the status of the Board of Education of Glynn County or the Glynn County School System. (2) Impair or diminish any civil service pension and retirement rights existing at the time of ratification of the constitutional amendment allowing the passage of this Act. (3) Abolish the office of sheriff. (4) Alter the status of any State, county, or city courts presently existing in Glynn County or the City of Brunswick. (5) Impair or diminish any homestead exemption from taxation now or hereafter specified in the Constitution. Section 7. During the course of its studies, said charter commission shall be required to hold at least three (3) public hearings to determine the sentiment of the citizens of Brunswick and Glynn County regarding the work of the charter commission, and, in the event the charter commission drafts a countywide government charter, regarding the proposed provisions of said countywide government charter. Said charter commission shall cause the date, time and place of such hearings to be advertised in the official organ of Glynn County at least twice during the week
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immediately preceding the week during which such public hearings are held. Said charter commission shall be authorized to hold more than three (3) public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided herein. Public hearings. Section 8. (a) Said charter commission shall complete its study and make its recommendations regarding any changes that should be made in the governments of the City of Brunswick and Glynn County within twelve (12) months after the date of its initial meeting, or, in the event said charter commission drafts a proposed charter creating a single countywide government, said proposed charter shall be prepared, completed and filed within twelve (12) months after the date of its initial meeting; provided, however, the time for making such recommendations or for filing such proposed charter may be extended for such period of time as may be authorized by a resolution duly adopted by the governing authority of the City of Brunswick and by a similar resolution being duly adopted by the governing authority of Glynn County. Time limit, etc. (b) Certified copies of such recommendations or of such proposed charter, as the case may be, shall be filed by said charter commission with the clerk of the governing authority of the City of Brunswick and with the clerk of the governing authority of Glynn County, and shall be authenticated by the signature of the chairman of said commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) Said charter commission shall also furnish or make available to every daily or weekly newspaper published in Glynn County, and to each radio station operating within said county, a complete copy of such recommendations or proposed charter, as the case may be, and shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of such recommendations or proposed charter. Said charter commission shall also cause summaries of such recommendations or proposed
Page 2924
charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) Said charter commission is hereby authorized to adopt such rules and regulations as it shall deem necessary or desirable to carry out its powers and perform its duties and functions as provided in this Act. Rules. Section 9. (a) In the event said charter commission makes recommendations regarding proposed changes in the governments of the City of Brunswick and Glynn County and does not draft a proposed charter to create a single countywide government, certified copies of such recommendations, as provided in subsection (b) of section 8, shall also be submitted to each member of the General Assembly whose district is within or whose district includes Glynn County. (b) In the event said charter commission drafts a proposed charter to create a single countywide government, a certified copy of such proposed charter, as provided in subsection (b) of section 8, shall also be submitted to the ordinary of Glynn County, and it shall be the duty of said ordinary to call and hold a special referendum election for ratification or rejection of said proposed charter as provided in section 10. Referendum. (c) Said charter commission shall be abolished by operation of law on midnight of the day the special referendum election for ratification or rejection is held. Section 10. (a) Not less than 60 nor more than 90 days after receipt of the certified copy of such proposed charter, it shall be the duty of the ordinary of Glynn County to issue the call for an election for the purpose of submitting said charter to the qualified voters of Glynn County, including the City of Brunswick, for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the 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
Page 2925
Glynn County. The ballot shall have written or printed thereon the following: For approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single countywide government to supersede and replace said governments. Referendum. Against approval of the charter consolidating the governments of the City of Brunswick and Glynn County and creating a single countywide government to supersede and replace said governments. All persons desiring to vote in favor of said charter shall vote for approval, and those persons desiring to vote for rejection of said charter shall vote against approval. If more than one-half of the votes cast are for approval of said charter, then said charter shall become effective as provided hereinafter, otherwise it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Brunswick and Glynn County. (b) The ordinary of Glynn County is hereby authorized to name assistants to help in conducting said election and may designate such number of poll managers as said ordinary deems necessary, and shall designate the time and places for voting at said election. Said ordinary is hereby vested with authority to adopt rules and regulations governing said election and may take such measures as may be necessary to properly conduct said election. Said ordinary shall also be vested with all powers conferred upon ordinaries by the Georgia Election Code, as set forth in Title 34 of the Code of Georgia. (c) A qualified voter, as used herein, shall be held to mean a voter of Glynn County qualified to vote for members of the General Assembly of Georgia. The ordinary shall canvass the returns and certify the results of said election as follows: The ordinary shall certify, under his hand and seal, the results of said election to the Secretary of State of Georgia. The ordinary shall also furnish, with the results thereof to the Secretary of State, a certified copy of
Page 2926
the charter previously filed with him by said Commission. The Secretary of State shall issue his proclamation showing and declaring the result of said election on the ratification or rejection of said charter, one copy of which proclamation shall be attached to the copy of the charter certified to said Secretary of State, and one copy of which shall be delivered to the clerk of the governing authority of the City of Brunswick, who shall attach the same to the copy of the charter previously certified to him, and one copy of which shall be delivered to the clerk of the governing authority of Glynn County who shall attach the same to the copy of the charter previously certified to him. (d) Whenever a charter for the consolidation of the governments of the City of Brunswick and Glynn County has been adopted, said two certified copies, with proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of said consolidated government and shall be admissible in evidence without further authentication. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Brunswick and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Glynn County shall subsequently be delivered by them to such officer of the successor government as said charter shall provide. The officer of said successor government to whom said copies of the charter and proclamation are delivered may issue certified copies of said charter authenticated by his signature as custodian and any copy so certified by him shall be admissible as original evidence in a court of law or other proceedings. The Secretary of State of Georgia is hereby authorized to issue certified copies of the charter on file with him, and any copy so certified by him shall be admissible in a court of law or other proceedings as original evidence. Section 11. In the event the proposed single countywide government charter is ratified by the qualified voters of Glynn County, as provided in section 10, an election shall be held in accordance with the provisions of said charter to elect the members of the governing authority of said countywide
Page 2927
government. Upon the election of the members of said countywide governing authority of said countywide government and their assuming their duties of office, the existing governments of the City of Brunswick and Glynn County shall stand abolished, all in accordance with the provisions of the charter of said countywide government. Elections. Section 12. 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 were 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 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to create a charter commission to study all matters relating to the consolidation of the government of the City of Brunswick and Glynn County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Glynn County and to draft a charter to create such government; to provide for all matters relative to the foregoing; and for other purposes. This 22nd day of January, 1968. Ronald F. Adams 5th Senatorial District Reid W. Harris 85th District - Post 1 Richard M. Scarlett 85th District - Post 2
Page 2928
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Reid W. Harris who, on oath, deposes and says that he is Representative from the 85th District, 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 Glynn County, on the following dates: January 26, 1968 and February 2 and 9, 1968. /s/ Reid W. Harris Representative, 85th District Sworn to and subscribed before me this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 29, 1968. CIVIL AND CRIMINAL COURT OF DEKALB COUNTY. No. 961 (House Bill No. 1458). An Act to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended; to provide for jurisdiction of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the Civil and Criminal Court of DeKalb County approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is hereby
Page 2929
amended by striking section 5-A in its entirety and substituting in lieu thereof a new section 5-A to read as follows: Section 5-A. There shall be a solicitor for the Civil and Criminal Court of DeKalb County whose duty it shall be to represent the State in all prosecutions pending therein and all matters in which it is the duty of the solicitor general of the superior courts of said State to represent the State. Said solicitor shall be that person who has previously been elected or appointed to the position of solicitor of the Civil and Criminal Court of DeKalb County and who on said date is qualified and serving as such, and his successor in office thereafter. Said solicitor shall continue in office as such until the expiration of the term to which he has been elected or appointed prior to the effective date of this Act. The solicitor of the Civil and Criminal Court of DeKalb County shall be elected by the people of DeKalb County in the general election held in and for said county next preceding the expiration of the term of said solicitor. The term of office of said solicitor shall be four years, or until his successor is elected and qualified. The commission shall issue from the Governor upon a certificate from the ordinary of DeKalb County as to his having been elected as solicitor of said county. On and after January 1, 1968, the salary of the solicitor of the Civil and Criminal Court of DeKalb County shall be sixteen thousand ($16,000.00) dollars per annum, payable monthly out of the county treasury as an expense of the court. Solicitors' salary. Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the Civil and Criminal Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately preceding his election or appointment and shall have been engaged in the practice of law at least three years next preceding his election or appointment hereunder and shall be at least twenty-five (25) years of age. Section 2. Said Act is further amended by creating a new section, to be designated as section 11-B, to read as follows:
Page 2930
Section 11-B. From and after April 1, 1968, each party filing a suit or proceeding of any character, except a garnishment proceeding, in the Civil and Criminal Court of DeKalb County shall deposit with the clerk of said court, except as hereinafter provided, the total cost, including the first judgment and fi fa., for all suits or proceedings of any character, except garnishment proceedings, irrespective of how they shall be terminated, shall be six ($6.00) dollars plus two ($2.00) dollars for each defendant more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the cost shall be twelve ($12.00) dollars plus two ($2.00) dollars for each defendant more than one. The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be terminated, shall be five ($5.00) dollars plus two ($2.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the cost shall be ten ($10.00) dollars plus two ($2.00) dollars for each summons more than one. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows: Court costs, etc. For issuing scire facias each defendant including service $ 3.00 For each verdict rendered more than one and docketing same $ 1.00 For each judgment more than one and docketing same $ 3.00 For each motion for a new trial and docketing same $ 1.00 For affidavit to obtain alias fi. fa. .50 For taking and approving supersedeas Bond $ 1.00 For answering each writ of certiorari $ 3.00 For filing and docketing each appeal to the Appellate Division, including filing all briefs $ 3.00 For each motion for a judgment notwithstanding the verdict and docketing same $ 1.00 For entering judgment or remittitur from Court of Appeals or Supreme Court $ 3.00 For exemplifications of records, per hundred words .20 For affidavit where no cause is pending .50 For certificate and seal of court $ 1.00 For certified copy under Code section 38-627 $ 2.50 For filing and docketing each traverse to answer of garnishment including service $ 3.00 Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing. Marshal. For search and return of nulla bona, except in foreclosures and attachments $ 1.00 For each arrest in civil case $ 1.50 For each commitment in civil case and entering same $ 1.00 For each levy or seizure, except in foreclosures, attachments and trovers $ 1.00 For taking and approving bond in any civil case $ 1.00 For settling fi. fa. before sale of property $ 1.00 For advertising personal property for sale $ 1.00 For settling fi. fa. from another court $ 1.00 For backing fi. fa. from another court .50 For marshal's deed to realty or bill of sale to personalty $ 1.75 For serving subpoena .50 For serving summons (Second Original) from another county $ 5.00
Page 2932
Provided, however, where the amount involved is more than one hundred ($100.00) dollars the marshal will be authorized to charge twice the above-listed amounts of the service indicated. From commission on sale of personal property: From $1.00 to $100.00 6% All over $100.00 2% For commission on sale of real estate: From $1.00 to $50.00 5% From $51.00 to $550.00 2% All over $550.00 1% For removing and/or storing property and keeping and feeding animals, the cost shall be the actual expense incurred. Section 3. Said Act is further amended by creating a new section, to be designated as section 12-B, to read as follows: 12-B (a) The Civil and Criminal Court of DeKalb County shall be a court of record, and said court shall only be required to keep the following: (1) An index of all civil and criminal cases filed. (2) Dockets showing the final disposition of all cases. Court of record. (3) All the original pleadings in civil cases. (4) All accusations and sentences in criminal cases except as hereinafter provided. After final disposition of any and all cases, both civil and criminal in said court, the clerk shall at the direction of the court have all indexes and dockets, the original pleadings in civil cases and all criminal sentences and accusations preserved as a part of the original record by having such
Page 2933
documents microfilmed and kept as the permanent records of the court. (b) The court shall have monthly terms beginning on the First Monday of each month. All suits filed must be filed twelve (12) days before the beginning of a term. (c) All default judgments in the amount of three hundred ($300.00) dollars or under the defendant shall have as a matter of right five (5) days in which to pay the total costs in said case and open said default judgment. In all default judgments over three hundred ($300.00) dollars, the defendant shall have as a matter of right fifteen (15) days in which to pay the total costs and open said default judgment. Section 4. If any part of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining parts, sections or portions of the Act, it being the legislative intent to enact each part and each section hereof separately. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. An Act to amend an Act approved February 14, 1951, (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and Acts amendatory thereof, to provide for the procedure of said court and salaries of the officers and certain employees of said court, and for other purposes. J. Oscar Mitchell, Judge Civil Criminal Court of DeKalb County Jack B. Smith, Judge Civil Criminal Court of DeKalb County John R. Thompson, Solicitor Civil Criminal Court of DeKalb County
Page 2934
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. B. Malone who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the DeKalb New Era and North DeKalb Record which is the official organ of DeKalb County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ W. B. Malone Representative, 117th District Sworn to and subscribed before me this 13th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 29, 1968. CITY OF SWAINSBOROCHARTER AMENDED. No. 962 (House Bill No. 1487). An Act to amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved August 3, 1925 (Ga. L. 1925, p. 1473), an Act approved March 27, 1941 (Ga. L. 1941, p. 1771), an Act approved March 7, 1955 (Ga. L. 1955, p. 3225), an Act approved March 13, 1957 (Ga. L. 1957, p. 3317), an Act approved March 25, 1958 (Ga. L. 1958, p. 3148), an Act approved March 10, 1959 (Ga. L. 1959, p. 2654), an Act approved April 5, 1961 (Ga. L. 1961, p. 3010), an Act approved April 2, 1963 (Ga. L. 1963, p. 2583), an Act approved March 3, 1966 (Ga. L. 1966, p. 3152) and an Act approved March
Page 2935
31, 1967 (Ga. L. 1967, p. 2383), so as to increase the corporate limits of said city; to change the provisions relative to the qualifications and registration of voters; to change the method of conducting municipal elections; to provide a form of ballots for said elections; to provide a method of challenging voters; to provide for election contests and procedures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved August 3, 1925 (Ga. L. 1925, p. 1473), an Act approved March 27, 1941 (Ga. L. 1941, p. 1771), an Act approved March 7, 1955 (Ga. L. 1955, p. 3225), an Act approved March 13, 1957 (Ga. L. 1957, p. 3317), an Act approved March 25, 1958 (Ga. L. 1958, p. 3148), an Act approved March 10, 1959 (Ga. L. 1959, p. 2654), an Act approved April 5, 1961 (Ga. L. 1961, p. 3010), an Act approved April 2, 1963 (Ga. L. 1963, p. 2583), an Act approved March 3, 1966 (Ga. L. 1966, p. 3152) and an Act approved March 31, 1967 (Ga. L. 1967, p. 2383), is hereby amended by inserting a new section between section 1C and section 2 to be known as section 1D and to read as follows: Section 1D. In addition to the area prescribed in Sections 1, 1A, 1B and 1C, the corporate limits of the City of Swainsboro shall embrace all of that area within the following description: Corporate limits. `Parcel 1. Beginning at a point on the southern right-of-way of Meadowlake Parkway 150 feet east of the intersection of the eastern right-of-way of Empire Expressway and Meadowlake Parkway; thence in a southerly direction along a line 150 feet east of and parallel to the eastern right-of-way of Empire Expressway to the western right-of-way of the Georgia and Florida Railway Company; thence in a northerly direction along the western right-of-way of the Georgia and Florida Railway Company to the southern right-of-way of Meadowlake Parkway; thence in
Page 2936
an easterly direction along the southern right-of-way of Meadowlake Parkway to the point of beginning. `Parcel 2. Beginning at a point on the eastern right-of-way of the Georgia and Florida Railway Company 150 feet north of the northern right-of-way of Empire Expressway; thence in a westerly direction along a line 150 feet north of and parallel to the northern right-of-way of Empire Expressway to a point 150 feet beyond the western right-of-way of the Old Nunez Road; thence in a southerly direction along a line parallel to and 150 feet west of the western right-of-way of the Old Nunez Road to the property line of the property of Gordon Hall, et. al.; thence in an easterly direction along the property line dividing the property of Gordon Hall, et. al. and Frank Flanders to the eastern right-of-way of the Georgia and Florida Railway Company; thence along the eastern right-of-way of the Georgia and Florida Railway Company in a northerly direction to the point of beginning. `Parcel 3. All that tract or parcel of land beginning at a point where the eastern edge of the Georgia and Florida Railway intersects with property of Frank M. Flanders and Hall Pine Products Company and running thence S 75-45[UNK] E 13.6 chains to a point; thence turning and running S 82-40[UNK] E a distance of 3.97 chains to a point; thence turning and running in a northerly direction along the property line of Frank M. Flanders and David Kirby a distance of approximately 26 chains to a point; thence turning and running north 49-15[UNK] E a distance of approximately 15 chains to a point where the same intersects with land of Randolph Thompson; thence turning and running along land line of Randolph Thompson and Frank M. Flanders N 40-55[UNK] W 40.37 chains to a point located on the eastern edge of the Georgia and Florida Railway; thence turning and running in a southerly direction along the eastern edge of the Georgia and Florida Railway to the point of beginning.' Section 2. Said Act is further amended by striking therefrom section 5 in its entirety and substituting in lieu thereof a new section 5 which shall read as follows:
Page 2937
Section 5. All persons who have been bona fide residents of the city for six months before the day of election who shall be: (a) A resident of the State of Georgia for 12 months next preceding the date of the election, (b) a citizen of the United States, (c) at least 18 years of age, shall be permitted to register to vote and shall be qualified to vote in city elections. Any person who possesses the qualifications of an elector, except those concerning age or residence, or both, shall be permitted to register to vote if such person will acquire such qualifications within six months after the date of registration; provided, however, that such person shall not be permitted to vote in city elections until the acquisition of such qualifications. Voter registration. Section 3. Said Act is further amended by striking therefrom section 6 in its entirety and substituting in lieu thereof a new section 6 which shall read as follows: Section 6. It shall be the duty of the clerk upon application in person and not by proxy, of any person who is qualified as provided in section 5 above, to register the name of such person, recording on the voter's registration list, beside the applicant's name, his age, occupation, or business and the locality in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register, and shall administer to him the following oath: Absentee ballots. `You do solemnly swear that you are or shall have been a resident of the City of Swainsboro, for six months next preceding the date of the next regular city election; that you have resided in Georgia for 12 months; that you are a citizen of the United States; that you are at least 18 years of age or will be before the next city election; so help you God.' Section 4. Said Act is further amended by striking from section 8 of said Act the third paragraph thereof which reads as follows: The clerk shall furnish a committee appointed by the mayor and councilmen a list of the registered voters, which
Page 2938
they shall proceed to purge in the following manner: They shall examine the lists and make a separate list of names of all persons thereon who have died or who have removed from said city since registering and all who have paid no taxes or are otherwise disqualified as provided herein and shall mark the list, `List of Disqualified Registered Names.' Said list shall be posted in the vestibule of the city hall at least five days before the date set for a hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the city hall., and substituting in lieu thereof the following paragraph: A committee appointed by the mayor and council consisting of not less than three nor more than five persons shall be appointed each year and said committee shall be known as registrars. The clerk of the City of Swainsboro shall be one of the committee. At least once a year the clerk of said city shall furnish a list of the registered voters to said committee which they shall purge as herein provided at least 15 days before any city election. The registrars shall serve at the pleasure of the mayor and councilmen. If a vacancy in the committee occurs for any reason or cause, the mayor shall fill said vacancy by appointment. They shall examine the lists and make a separate list of names of all persons thereon who have died or who have removed from said city since registering and are otherwise disqualified as provided herein and shall mark the list, `List of Disqualified Registered Names'. Said list shall be posted in the vestibule of the city hall at least five days before the date set for a hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the city hall. List of registered voters. Section 5. Said Act is further amended by striking from section 9.2 thereof that language contained in the second paragraph which reads as follows:
Page 2939
Said managers shall conduct elections as near as practicable as elections for members of the General Assembly are conducted., so that when so amended the second paragraph of section 9.2 shall read as follows: The polls at elections shall be open at 7:00 a.m. and close at 7:00 p.m. The mayor and councilmen may designate one or more voting places if occasion should require, and may appoint three or more freeholders as managers of each. The mayor and council shall fix the fees to be received by the managers for their services. Elections. Section 6. Said Act is further amended by adding a new section to be known as section 9.3 which shall read as follows: Section 9.3. All votes cast in municipal elections shall be by secret ballot. Secret ballots. Section 7. Said Act is further amended by adding thereto a new section to be known as section 9.4 which shall read as follows: Section 9.4. Ballots .The clerk of the City of Swainsboro shall cause to be printed official ballots for use in said city elections, and only official ballots so prepared shall be cast or counted in any such election. (a) At the top of each ballot shall be printed in prominent type the words: `Official Ballot' followed by the name and date of the election. (b) Immediately under this caption, the following directions shall be printed: `Mark out or through the name of each candidate for whom you do not wish to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' In such office or offices in which marks are made in violation of these directions, said ballot shall be disregarded in the counting of the votes cast for such office or offices.
Page 2940
(c) Immediately under the directions, the names of all candidates who have qualified in accordance with the provisions of this charter shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. (d) Immediately following the names of the official candidates, ample space for write-in candidates shall be provided and the following instructions shall precede such space: `To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of office involved. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' In such office or offices in which marks are made in violation of these directions, said ballot shall be disregarded in the counting of votes cast for such office or offices. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in space provided, and the insertion of such name outside such space or by the use of a sticker, paster, stamp or other printed or written matter is prohibited. Section 8. Said Act is further amended by striking therefrom section 12.2 which reads as follows: Section 12.2. In the event anyone desires to contest any election had in said city, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the clerk of the superior court to produce the ballot box and deliver it to the ordinary of Emanuel County who shall take evidence in said case. The said clerk shall produce said box and said contents at the time and place fixed for taking testimony in said contest, and whenever he may be required to produce said box and its contents on account of said contested election, he shall be allowed five dollars for such services, to be paid from the treasury of said city., in its entirety and substituting in lieu thereof a new Section 12.2 which shall read as follows:
Page 2941
Section 12.2. In the event anyone desires to contest any election had in said city, said contest shall be conducted under the rules and regulations hereinafter prescribed: Election contests. (a) The result of any election may be contested on one or more of the following grounds: (1) Malconduct, fraud or irregularity by any election official or officials sufficient to change or place in doubt the result. (2) When the defendant is ineligible for the office in dispute. (3) When irregular votes have been received or regular votes rejected at the polls sufficient to change or place in doubt the result. (4) For any error in counting the votes or declaring the result of the election, if such error would change the result. (5) For any other cause which shows that another was the person regularly elected or eligible to hold the office. (b) Any person desiring to contest such election shall, within five days from the date of said election, file in the office of the clerk of the superior court of Emanuel County, a petition setting forth his allegation as to the grounds for said contest and which shall include: (1) The contestant's qualifications to institute the contest. (2) The name of the office or question involved in the contest. (3) The name of the defendant. (4) The name of each person who was a candidate in such election for the office for which the contest is made. (5) Each ground of contest.
Page 2942
(6) The date of the official declaration of the result in dispute. (7) The relief sought. (8) Such other facts as are necessary to provide a full, particular and explicit statement of the cause of contest. (c) The petition shall be verified by the affidavit of the contestant. (d) Upon such petition being filed, the clerk of the superior court of Emanuel County shall issue notice in the form of special process directed to the sheriff of Emanuel County requiring the defendant to appear and answer such petition on a day to be fixed in such notice, not more than ten days nor less than five days, of the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant in the same manner as petitions and processes are served in other civil cases. On or before the day fixed in such notice, unless for good cause shown, the presiding judge shall extend the time therefor, the defendant shall appear and answer such petition and may set up by way of answer any right or interest he may have or claim in such proceeding. Any other person who was a candidate at such election for the office involved and upon whom notice was served as aforesaid shall be deemed a litigant to such proceedings and may set up by way of answer or cross-action any right or interest he may have or claim therein. (e) After filing, any petition, cross-action or answer may be amended with relief of court so as to include the specification of additional grounds of contest, other relevant facts, or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigants. (f) The presiding judge shall fix a time and place, within 20 days after the return day fixed in such notice to the defendant, for the hearing of such contest proceeding and such judge may fix additional hearings at such other times and places as are necessary to promptly decide the contest.
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(g) The court, presided over by such judge, shall have plenary power, to make, issue and enforce all necessary orders, rules, processes and decrees, for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of this State, or which may be necessary and proper to carry out the provisions of this Charter. The court shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of, and of any person capable of testifying concerning the same, and also to compel the production of evidence which may be required at such hearing, in like manner, and to the same extent as in other civil cases litigated before such court; to take testimony and to proceed without delay, postponing for the purpose, if necessary, all other business, to the hearing and determination of such contest. (h) (1) All issues of a contest shall be fully tried and determined by the court, without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case, and the court shall determine that it is an issue which under other laws of this State or city the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases. (2) In a case contesting the result of an election, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In a case where a special verdict is to be rendered, the court shall submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact
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raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict. (i) (1) After hearing the allegations and evidence in the contest, the court shall declare as elected, or as eligible to compete in a runoff election, that qualified candidate who received the requisite number of votes, and pronounce judgment accordingly, and the clerk shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved, and the clerk shall certify such determination to the defendant. (2) When a defendant, who has received the requisite number of votes for election or to compete in an election, is determined to be ineligible for the office sought, the court shall pronounce judgment declaring the election invalid as regards such office, and shall thereupon call a second election to fill such office. (3) If misconduct is complained of on the part of the poll officers or managers of any election in said city, it shall not be held sufficient to set aside the contested result unless the rejection of the vote would change such result. (4) Whenever the court trying a contest shall determine that the election is so defective as to the office or eligibility in contest as to place in doubt the result of the election for such office or eligibility, then such court shall declare the election to be invalid as regards such office or eligibility, and shall thereupon call a second election to fill such office. (j) If an appeal is made from final determination of the court, it shall be made in accordance with law of Georgia, now of force or hereafter amended or enacted for appeals in civil cases.
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(k) The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the election be confirmed, or the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and if the judgment be against the defendant, or the result or election be set aside, he shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise. (l) The presiding judge in such election contest shall be any superior court judge of an adjoining judicial circuit of the Middle Judicial Circuit. Section 9. Said Act is further amended by striking therefrom section 12.3 which reads as follows: Section 12.3. In the event a contest for any office is instituted, the certificates of election shall not be delivered by the managers of said election until the contest is heard and determined, as required by law. It shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined., in its entirety and substituting in lieu thereof a new section 12.3 which shall read as follows: Section 12.3. In the event a contest for any office is instituted, the clerk of the City of Swainsboro shall deposit in the office of the clerk of the superior court of Emanuel County the ballot box or boxes used in such election, and such box or boxes shall be held by said clerk of the superior court until further ordered by the court. In the event of a contest for any office, the certificates of election shall not be delivered by the managers of such election until the contest is heard and determined. It shall be the duty of the officers in commission at the time of said election which is in contest to continue to discharge the duties of their offices until said contest is heard and determined. Same.
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Section 10. Said Act is further amended by adding a new section to be known as section 12.4 which shall read as follows: Section 12.4. Challenge of listed persons by other electors; proceedings upon challenge : (a) Any elector of the city shall be allowed to challenge the right of registration of any person whose name appears upon the electors' list and upon a challenge as to the qualifications of the elector being filed, the registrars appointed aforesaid shall notify the elector and shall pass upon the challenge. Each challenge shall specify the grounds thereof and notice given the elector by the registrar. A copy of said notice shall be furnished the challenged elector at least three (3) days before passing upon the same. Any elector of the city shall be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualifications to register or to vote shall be decided in every case by said registrars with the right of appeal to the superior court. (b) Any elector of the city shall be allowed to challenge the right of any person whose name appears upon the electors' list by making application to the registrars of the city aforesaid at any time, including election day. Such challenge shall be written and distinctly set forth the grounds of challenge. The registrars shall immediately consider the same and unless they find probable cause to sustain such challenge they shall deny it. If they find probable cause to sustain such challenge the challenged elector shall be notified if practicable and afforded the opportunity to answer. After hearing the challenger and the challenged elector, said registrars shall determine whether probable cause exists to sustain such challenge. If none exists, the challenged elector shall be permitted to vote. If the registrars are in doubt as to the merit of the challenge, they shall permit the challenged elector to vote by having the word `challenged' written across the back of the challenged elector's ballot for later determination. Section 11. Notwithstanding any provisions contained in this Act, any person presently registered and qualified
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to vote in the City of Swainsboro at the time of approval hereof shall not be required to reregister. Intent. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that the application for passage of local legislation at the January session 1968 of the General Assembly of Georgia will be made in order to amend the charter of the City of Swainsboro, as amended. This 10th day of January, 1968. /s/ Geo. L. Smith II Representative, 54th District. Georgia, Emanuel County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, William Rogers, who on oath deposes and says that he is the Editor and Publisher of the Swainsboro Forest Blade, official county organ in and for Emanuel County and that the attached copy of notice of intention to apply for local legislation was published in the Swainsboro Forest Blade on the following dates: January 10th, 1968, January 17th, 1968, and January 24th, 1968. /s/ William Rogers Sworn to and subscribed before me, this 8th day of February, 1968. /s/ Rodney B. Shepherd Notary Public. My Commission expires Jan. 21, 1971. (Seal). Approved March 29, 1968.
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CIVIL AND CRIMINAL COURT OF COBB COUNTY. No. 965 (House Bill No. 1474). An Act to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p. 3313), and an Act approved March 2, 1966 (Ga. L. 1966, p. 2904), so as to increase the jurisdiction of said court; to provide for affidavits by any officer authorized to administer oaths in attachments and garnishments and approval of the bonds thereof by the clerk of said court; to increase the authority and duties of the clerk of said court; to authorize the clerk of said court to appoint a chief deputy clerk and to provide for the powers and duties of said chief deputy clerk; to authorize the clerk of said court to designate deputy clerks and to provide for the powers and duties of deputy clerks; to provide that the present clerk of said court shall continue in office through December 31, 1968; to change the salary of the judges of said court; to provide the judges of said court may appoint and remove at their pleasure two official court reporters; to provide for said reporter's duties and compensation; to provide that the solicitor general of the Cobb Judicial Circuit shall serve in said court; to provide a severability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p. 3313), and an Act approved March 2, 1966 (Ga. L. 1966, p. 2904), is hereby amended by adding a new unnumbered paragraph to section 2 to read as follows: In addition to the above, said jurisdiction shall include, among others, attachment and garnishment proceedings, illegalities, counter-affidavit to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and
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bail, distress warrants and issues thereon, foreclosures of all liens on real estate and personal property, possessory warrants and dispossessory warrants and other like proceedings and processes of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia. Jurisdiction, etc. The judges of said court shall also have power to administer oaths and take affidavits. Affidavits for attachment and garnishment proceedings may be made before any officer authorized by law to administer oaths, but all bonds in such proceedings shall be approved by the clerk of said court. Section 2. 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. (a) 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 and issue all summons, process, criminal warrants, and executions, including the power to administer oaths and take affidavits and, among others, attachment and garnishment proceedings, illegalities, counter affidavit to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens on real estate and personal property, possessory warrants and dispossessory warrants and other like proceedings and processes, 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
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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 duties as clerk, the cost thereof to be paid for as other expense of said court. Clerk, etc. (b) The clerk is authorized to appoint a chief deputy clerk who shall be authorized to discharge all of the duties of the clerk during the clerk's absence due to illness or from any other cause, and said chief deputy may at any time discharge any and all of such duties and powers of the clerk as the clerk may delegate to him. The clerk is also further authorized to designate appropriate deputy clerks under his jurisdiction who shall be authorized to perform any and all duties and powers of the clerk as the clerk or, in his absence, the chief deputy clerk may delegate to them. (c) Henry L. Williams, the present clerk of said court, appointed as provided by law, is hereby confirmed as clerk of said court, and he shall be the clerk of said court through December 31, 1968, and until his successor is duly elected or appointed and qualified. Section 3. Said Act is further amended by striking section 23 in its entirety and inserting in lieu thereof a new section 23 to read as follows: Section 23. The salary of the judges of the Civil and Criminal Court of Cobb County shall be $19,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. The clerk of the Civil and Criminal Court shall receive an annual salary of $10,500.00, payable in equal monthly installments from the funds of Cobb County. The deputy clerks and other administrative personnel of said court shall receive such compensation as shall be fixed by the governing authority of Cobb County. Salaries. Section 4. 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. (a) The solicitor general for the Cobb County Judicial Circuit shall serve as the solicitor of the
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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. (b) The judges of said court shall have power to appoint and at pleasure remove, two official reports, or stenographic reporters, for said court. Such official reporters shall be duly sworn in open court faithfully to perform all the duties required of them by the judges of said court; and it shall be their duty when directed by one of the judges of said court to attend the court and to exactly and truly record or take stenographic notes of the testimony and proceedings in the case tried. The compensation of said official reporters, or stenographic reporters, shall be such salaries as may be fixed by the board of commissioners of roads and revenues of Cobb County upon the recommendation of the judges of said court, and for recording or taking stenographic notes and recording the evidence in such civil cases as may be agreed by counsel for plaintiff and defendant to be recorded, or in case of disagreement, as aforesaid, in such cases as the presiding judge may direct to be recorded, the charge shall be at a rate not to exceed twelve cents per hundred words, to be fixed by said judge, which fee shall be paid by the parties to the agreement, upon such terms as they may prescribe for themselves, and if no agreement is entered into as to the payment thereof, then in such manner as may then be prescribed by the presiding judge. Said official reporters, or stenographic reporters, shall for reports of evidence and other proceedings by them furnished be paid by the party requesting the same at a rate not to exceed fifteen cents per hundred words. Court reporters. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining
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maining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. 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-February 1968 Session of the General Assembly of Georgia, a bill to amend an act creating the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211); and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Howard who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1968. Bob Howard Representative, 101st District
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Sworn to and subscribed before me, this 15th day of February, 1968. s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 1, 1965. CHATHAM COUNTY EMPLOYEEMANAGEMENT COOPERATION ACT. No. 967 (House Bill No. 1645). An Act to provide that employees of all political subdivisions of Chatham County and the City of Savannah shall have the right of self-organization; to define terms; to provide for collective bargaining; to provide for representation of public employers; to provide for agreements; to provide for law suits; to provide for dues; and authorizations for deductions; 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 may be cited as the Chatham County Employee-Management Cooperation Act. Short title. Section 2. Definitions When used in this Act: (1) Public Employer means the County of Chatham, or any political subdivision of the County, including, without limitation, any town, city, borough, district, township, village, school district, public and quasi-public corporation, road district, public water supply district, fire protection district, drainage district, levee district, sewer district, housing authority, and other special district or public authority, commission or board and any person or persons designated by the public employer to act in its interest in dealing
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with public employees in Chatham County and the City of Savannah; (2) Public Employee means any employee of a public employer, whether or not in the classified service of the public employer, except elected or appointed officials; (3) Labor Organization means any organization of any kind in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of employment. Section 3. Right to Organize and Bargain Collectively ; Exclusive Representation(a) Employees of the County of Chatham, City of Savannah, and of all other political subdivisions, agencies and entities in said County and City shall have, and shall be protected in the exercise of, the right of self-organization, to form, join or assist any labor organization, to bargain collectively through representatives of their own choosing on questions of wages, hours, and other conditions of employment and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint or coercion. (b) Labor organizations designated as the representative of the majority of employees in an appropriate unit or recognized by a public employer as the representative of the majority of employees in an appropriate unit shall be the exclusive representative for all employees of such unit for the purposes of collective bargaining with respect to rates of pay, wages, hours and other conditions of employment, and methods of resolving disputes, such as arbitration, mediation, etc. Section 4. Duty to Bargain The public employer and such labor organization as has been designated as exclusive representative of employees in an appropriate unit, through appropriate officials or their representatives, shall have the authority and the duty to bargain collectively.
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Section 5. Chief Executive or His Representatives Shall Represent the Public Employer Except as hereinafter provided, when a labor organization has been designated in accordance with the provisions hereof as the exclusive representative of employees in an appropriate unit, the chief executive officer of the county or city or political subdivision, whether elected or appointed, or his designated authorized representative or authorized representatives, shall represent the public employer in collective bargaining with such employee organization. Section 6. Written Agreements; Appropriations to Implement; Enforcement (a) Any agreement reached by the negotiators shall be reduced to writing and shall be executed by both parties; (b) An agreement between the public employer and a labor organization shall be valid and enforced under its terms when entered into in accordance with the provisions of this Act and signed by the chief executive officer of the county or city or political subdivisions or his representative. No publication thereof shall be required to make it effective. The procedure for the making of an agreement between the county or city or political subdivisions and a labor organization provided by this Act shall be the exclusive method of making a valid agreement for public employees represented by a labor organization. (c) Suits for violation of agreements between a public employer and a labor organization representing public employees may be brought by the parties to such agreement in the Georgia courts. Section 7. Authorization of Deduction Upon written authorization of any public employee, the public employer shall deduct from the payroll of the public employee such amount as the employee shall designate, the terms and conditions of which have been negotiated by the labor organization as recognized by section 3 (b) of this Act. Section 8 . Such authorization of deductions may be withdrawn by any public employee by written withdrawal of
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authorization, and upon thirty (30) days notice to the public employer. Withdrawal of authorization. Section 9. Severability If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of this Act or the application of such provisions to persons or cicumstances other than those as to which it is held invalid shall not be affected thereby. 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 in the 1968 General Assembly of Georgia a local bill to provide that employees of all political subdivisions of Chatham County and the City of Savannah shall have the right of self-organization; to state the public policy; to provide for collective bargaining, to provide for representation of public employers; to provide for agreements; to provide for law suits; to provide for dues; to provide for severability; to repeal conflicting laws; and for other purposes. This 9th day of February, 1968. Joseph A. Battle Representative, 16th House District State of Georgia, Chatham County. Personally appeared before me Charles H. Morris 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;
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That he is authorized to make affidavits of publication on behalf of said publisher corporation; 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 has reviewed the regular editions of the Savannah Evening Press published on February 9, 1968, February 16, 1968, February 23, 1968, and finds that the following advertisement, to-wit: appeared in each of said editions. /s/ Charles H. Morris Sworn to and subscribed before me, this 23 day of February, 1968. /s/ Miriam Potts Notary Public, Chatham County, Georgia. (Seal). Approved April 2, 1968. LAW LIBRARIES CREATED IN CERTAIN COUNTIES (45,300-46,300). No. 978 (House Bill No. 1358). An Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges solicitors, ordinaries and other officers of the courts of said counties; to provide methods for financing the costs of establishing and maintaining said libraries; to provide for a board to receive and disburse the funds so provided; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in each county in Georgia having a population not less than 45,300 and not more than 46,300, according to the United States official census for 1960 or any future such census, a board to be known as the Board of Trustees of the County Law Library, and hereafter referred to as the board. Said board shall consist of the judges of the superior court of the circuit in which said county is located, the judges of the city court, if any, the judges of the civil and criminal court, if any, and the president of the local bar association. All of said trustees shall serve without pay. The senior judge of the superior court shall be chairman of said board and a majority of the members of said board shall constitute a quorum for the purpose of transacting all business that may come before the board. Created, members. Section 2. There is hereby created an office to be known as secretary-treasurer of the Board of Trustees of the County Law Library in each such county, who shall be selected and appointed by the board, and he shall serve during the pleasure of the board. It shall be the duty of the clerk or the deputy clerk of the superior court of such counties to act as librarian and such officials shall not receive any additional compensation for the performance of such duties. Secretary-treasurer, librarian. Section 3. The board shall have control of the funds provided for in this Act and all funds received shall be deposited in a special account to be known as the County Law Library Fund. Said board shall have authority to expend the funds in accordance with provisions of this Act, and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this State. Funds. Section 4. The Board of Trustees hereby created is given the following powers and duties: To provide for the collection of all money provided for in this Act; to select the books, reports, texts, periodicals, supplies and equipment for such library; to make all necessary rules and regulations governing the use of the library; to keep records
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of all its meetings and proceedings; all other powers necessary for the proper administration of the provisions of this Act. Powers. Section 5. The board may take by gift, grant, devise or bequest any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of the library. Gifts. Section 6. The expenses of creating and maintaining such library are declared to be expenses of courts, for which purpose county taxes may be levied and collected as provided by law. Funds. Section 7. The board of county commissioners or other governing authority of such county shall furnish necessary space, offices, lights, heat and water for the maintenance of such library. Office space, etc. Section 8. For the purpose of providing funds for the purpose of purchasing law books, reports, texts and periodicals for such library 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 crinimal or quasi-criminal nature, filed in the superior, city, civil and criminal, and any other courts in and for said county in which jury trial of civil actions and criminal accusations or indictments may be had, and the clerks of each and every such court in such counties in which such a law library shall be established shall collect such fees and remit same to the treasurer of the Board of Trustees of the County Law Library of the county in which said case was brought on the first day of each month. Where the costs in criminal cases are not collected, the costs herein 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.
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Section 9. The money so paid into the hands of the treasurer of the Board of Trustees of the County Law Library herein provided shall be used for the following purposes: The purchase of law books, reports, texts, periodicals, supplies and equipment. All law books, reports, text, periodicals, supplies and equipment purchased by the use of gifts and from the aforesaid funds shall become the property of the county. Use of funds. Section 10. The treasurer of the board shall give a good and sufficient surety bond payable to the county, in such an amount as may be determined by the board, to faithfully account for all funds received and disbursed by him. The premium on said bond shall be paid out of the County Law Library Fund. Bond. Section 11. A case, within the meaning of section 8 of this Act, shall mean and be construed as any matter which is docketed upon the official dockets of said courts and to which a number is assigned, whether such matter is contested or not. Case defined. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1968. JENKINS COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 979 (House Bill No. 1523). An Act to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved August 8, 1922 (Ga. L. 1922, p. 384), by an Act approved January 13, 1938 (Ga. L. 1938, 1937-38 Ex. Sess., p. 845), by an Act approved February 6, 1952 (Ga. L. 1952, p. 2169) and by an Act approved March 18, 1964 (Ga. L. 1964, p. 3073),
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so as to increase the number of members of said board; to provide for commissioner districts; to provide for the election of the commissioners on a staggered term basis; to provide for the election of a chairman from the membership of said board; to provide for filling vacancies; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a board of commissioners of roads and revenues for the county of Jenkins, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved August 8, 1922 (Ga. L. 1922, p. 384), by an Act approved January 13, 1938 (Ga. L. 1938, 1937-38 Ex. Sess., p. 845), by an Act approved February 6, 1952 (Ga. L. 1952, p. 2169), and by an Act approved March 18, 1964 (Ga. L. 1964, p. 3073), 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. (a) The board of commissioners of roads and revenues of Jenkins County shall consist of five (5) members who shall be elected as hereinafter provided. For the purpose of electing said commissioners, Jenkins County is hereby divided into five commissioner districts as follows: Members, districts. Commissioner District 1 shall consist of the Birdsville (G.M.D. 1634) and Millen (G.M.D. 1635) Militia Districts. Commissioner District 2 shall consist of the Green Fork (G.M.D. 1636), Big Horse Creek (G.M.D. 1637) and Scarboro (G.M.D. 1638) Militia Districts. Commissioner District 3 shall consist of the Lewis (G.M.D. 1639) and Butts (G.M.D. 1640) Militia Districts. Commissioner District 4 shall consist of Jenkins County. Commissioner District 5 shall consist of Jenkins County.
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(b) One commissioner shall be elected from each commissioner district. Each commissioner shall be a resident of the commissioner district he represents but shall be elected by the qualified electors of the entire county. No person shall be a candidate for the office of commissioner who does not reside within the commissioner district which he seeks to represent. Elections. (c) At the general election held in November, 1968, the five members of the board of commissioners of roads and revenues of Jenkins County shall be elected for terms as hereinafter provided. The three members elected from commissioner districts 1, 2 and 3 shall be elected for terms of four years and until their successors are elected and qualified. The two members elected from commissioner districts 4 and 5 shall be elected for initial terms of two years and until their successors are elected and qualified. All members elected at said general election held in November, 1968, shall take office on January 1, 1969. Thereafter, all members shall be elected at the general election immediately preceding the expiration of their terms for terms of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. Terms. (d) In the event a vacancy occurs on said board for any reason other than the expiration of the term of office, the remaining members of said board shall elect a person who shall be a resident of the district in which the vacancy occurs, to serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. (e) At its first meeting held in January following each general election, said board shall elect, by a majority vote, one of their number to serve as chairman for a term to end on December 31 of the year in which the next general election is held. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board. Chairman.
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(f) The provisions of this Act relating to the powers, duties and compensation of the chairman and members of the board of commissioners of Jenkins County shall apply to the board of commissioners of roads and revenues of Jenkins County provided for by this section. Powers, etc. Section 2. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Jenkins County to issue the call for an election for the purpose of submitting this Act to the voters of Jenkins County for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Jenkins County. The ballot shall have written or printed thereon the words: For approval of an Act increasing the number of members of the Board of Commissioners of Roads an Revenues of Jenkins County and providing for the election of said members on a staggered term basis. Against approval of an Act increasing the number of members of the Board of Commissioners of Roads and Revenues of Jenkins County and providing for the election of said members on a staggered term basis. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If 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 Jenkins 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 special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result
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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. Notice is hereby given that there will be introduced at the January, 1968 Session of the General Assembly of Georgia, a bill to affect the members of the county board of roads and revenue of Jenkins County thereof; to provide a referendum; and for other purposes. A. Sid Newton, Representative, 50th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A Sid Newton who, on oath, deposes and says that he is Representative from the 50th District, 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 Jenkins County, on the following dates: February 1, 8, 15, 1968. /s/ A. Sid Newton Representative, 50th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 3, 1968.
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JENKINS COUNTY BOARD OF EDUCATIONREFERENDUM. No. 980 (House Bill No. 1524). An Act to create a new board of education of Jenkins County; to provide for the membership of said board; to provide for education districts; to provide for the election of the members of said board; to provide for the compensation of members of said board; to provide for the filling of vacancies; to provide for the election of a chairman of said board; to provide that said board shall appoint a county school superintendent to serve at the pleasure of the board; to provide for the compensation of said superintendent; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There is hereby created a new board of education of Jenkins County which shall be composed of one member from each of five education districts provided for in subsection (b) of this section. Each member shall be a resident of the education district he represents but shall be elected by the voters of the entire county. All members of the board of education shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Jenkins County for at least one year immediately preceding the date of their election and in the education district which they represent at least six months immediately preceding the date of their election. Created, districts, etc. (b) For the purpose of electing members of said board of education of Jenkins County, the county is hereby divided into five education districts as follows: Education District 1 shall consist of the Birdsville (G.M.D. 1634) and Millen (G.M.D. 1635) Militia Districts. Education District 2 shall consist of the Green Fork (G.M.D. 1636), Big Horse Creek (G.M.D. 1637) and Scarboro (G.M.D. 1638) Militia Districts.
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Education District 3 shall consist of the Lewis (G.M.D. 1639) and Butts (G.M.D. 1640) Militia Districts. Education District 4 shall consist of Jenkins County. Education District 5 shall consist of Jenkins County. Section 2. At the general election held in November, 1968, the five members of the board of education of Jenkins County shall be elected for terms as hereinafter provided. The three members elected from education districts 1, 2 and 3 shall be elected for terms of four years and until their successors are elected and qualified. The two members elected from education districts 4 and 5 shall be elected for initial terms of two years and until their successors are elected and qualified. All members elected at said general election held in November, 1968, shall take office on January 1, 1969. Thereafter, all members shall be elected at the general election immediately preceding the expiration of their terms for terms of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. Elections, terms. Section 3. (a) In the event a vacancy occurs on the board for any reason other than the expiration of the term of office, the remaining members of said board shall elect a person who shall be a resident of the district in which the vacancy occurs, to serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. Vacancies, chairman, compensation. (b) At its first meeting held in January following a general election, the members of the board shall elect, by a majority vote, one of their number to serve as chairman for a term to end on December 31 of the year in which the next general election is held. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board. (c) Each member of the board shall receive the amount of $25.00 for each meeting of the board actually attended
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by such member, and shall also be entitled to reimbursement for actual and necessary expenses incurred in carrying out his official duties as provided by law for members of county boards of education. Section 4. The board of education of Jenkins County existing on the effective date of this Act shall continue in existence through December 31, 1968, but the terms of all members of such board shall expire at that time and such board shall stand abolished. The board created herein shall be the successor to such abolished board and shall be subject to all provisions of law relative to county boards of education except those provisions of law which are in conflict with the provisions of this Act. Present board, etc. Section 5. (a) The board of education created herein shall appoint, by a majority vote of its members, the county school superintendent who shall serve at the pleasure of the Board. The first superintendent appointed by said board shall be appointed at the first meeting of the board held after the members of the board take office. The county school superintendent holding office on the effective date of this Act shall continue to serve until his successor is appointed by the board as provided herein. No election for county school superintendent of Jenkins County shall be held in 1968. Superintendent. (b) The county school superintendent appointed by the board shall have the qualifications and shall receive the compensation provided by law for county school superintendents and shall be subject to all other provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act. Section 6. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Jenkins County to issue the call for an election for the purpose of submitting this Act to the voters of Jenkins County for approval or rejection. The ordinary shall set the date of such election for a day not less than
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15 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Jenkins County. The ballot shall have written or printed thereon the words: For approval of the Act creating a new Board of Education of Jenkins County. Referendum. Against approval of the Act creating a new Board of Education of Jenkins 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 Jenkins 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 special 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 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the January, 1968 Session of the General Assembly of Georgia, a bill to affect the board of education of Jenkins County, thereof; to provide for a referendum; and for other purposes. A. Sid Newton, Representative, 50th District, Post 2
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Sid Newton who, on oath, deposes and says that he is Representative from the 50th District, 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 Jenkins County, on the following dates: February 1, 8, 15, 1968. A. Sid Newton Representative, 50th District Sworn to and subscribed before me, this 26th day of February, 1968. s/ Pamelia A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 3, 1968. CRIMINAL COURT OF FULTON COUNTYCORRECTION OF ERRORS AND APPEALS. No. 981 (House Bill No. 1507). An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta (now Criminal Court of Fulton County), and in pursuance thereof to amend an Act to establish the City Court of Atlanta passed December 15, 1871, and the acts amendatory thereof, and for other purposes, approved September 6, 1891, and acts amendatory thereof, by striking Section XIII of the amendatory Act of September 6, 1891, Georgia Laws of 1891, p. 935, and substituting in lieu thereof four (4) new sections, so as to provide for a method of trial and correction of errors in the Court of Appeals and the Supreme Court of
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Georgia directly from the judgments of said court; to provide for the granting of new trials by the said court, and granting said court all the powers and authority with respect to the correction of errors, granting of motions, as are now provided for by law or may hereafter be provided for by law as are applicable in the superior courts, and as are applicable to the jurisdiction of the Criminal Court of Fulton County; 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: Section 1. From and after January 1, 1969, Section XIII of the Amendatory Act approved September 6, 1891, is stricken in its entirety and substituted in lieu thereof is an entirety new section to be known as Section XIII (13) so that said section when so amended shall read as follows: Section XIII (13). (a) Insofar as the same is applicable to the jurisdiction of the Criminal Court of Fulton County, all of the powers, authority, and jurisdiction provided for in Title 70 of the Code of Georgia, as are now or may hereafter be provided for judges of the Superior Courts, are hereby made applicable to the Criminal Court of Fulton County. The procedure and practice governing the granting of new trials, the correction of its own errors on proper motions filed, are hereby made applicable to the Criminal Court of Fulton County, upon the same grounds and under the same laws as are now or may hereafter be provided in such matters for the Superior Courts of Georgia, as the same are now provided for or may be hereafter provided for in Title 70 of the Code of Georgia as amended. (b) Insofar as the same are applicable, the laws of Georgia governing appeals from the judgments and rulings of the Criminal Court of Fulton County in all cases from which writs of error or appeals are authorized or may hereafter be authorized from the judgments and rulings of the Superior Courts, are made applicable to the Criminal Court of Fulton County. Appeals may be taken directly from the Criminal Court of Fulton County to the Court of Appeals of Georgia and the Supreme Court of Georgia in the same
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manner and following the same procedure as is now prescribed or may hereafter be prescribed by law for appeals taken from the judgments and rulings of the Superior Courts. Section 2. Any part of this Act held or declared to be unconstitutional shall not apply to any other part or parts of said Act not covered by said holding or declaration. Severability. Section 3. The provisions of this Act shall not become effective until January 1, 1969. Effective date. Section 4. All laws and parts of laws in conflict herewith, as of January 1, 1969, are hereby repealed. Section 5. 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. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1968 Session of the General Assembly for an amendment to the Act establishing the City Court of Atlanta, approved December 15, 1871 (Ga. L. 1871, p. 57) so as to provide that the procedure and practice governing the granting of new trials, and the correction of errors and appeals, insofar as same are applicable to the Criminal Court of Fulton County, shall be the same as now or hereafter provided for the Superior Courts of the State of Georgia. This January 11, 1968. Harold Sheats, County Attorney of Fulton County
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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 26th days of January, 1968, as provided by law. Frank Kempton Subscribed and sworn to before me, this 26th day of January, 1968. s/ Frances K. Nixon Approved April 3, 1968. DEKALB COUNTYPOLITICAL ADVERTISEMENTS. No. 984 (Senate Bill No. 183). An Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements anywhere within the territorial limits of DeKalb County except under certain circumstances; to provide that it shall be unlawful to print, possess, transport or distribute political posters, signs or advertisements for outdoor use anywhere within the territorial limits of DeKalb County unless such material has a certain notice printed thereon; to provide for penalties; to repeal conflicting laws; and other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person within the territorial limits of DeKalb County to place political posters, signs and advertisements (a) within the right-of-way of any
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public streets located within such county; (b) on any public property or building; (c) on any private property unless the owner thereof has given written permission to place such political campaign posters, signs and advertisements on such property; (d) on any property zoned for use other than commercial or industrial; and (e) on any property zoned for commercial or industrial uses if the placement of such political campaign posters, signs and advertisements conflicts with any zoning laws or ordinances of DeKalb County. Section 2. It shall be unlawful for any person, within the territorial limits of DeKalb County to print, possess, transport or distribute political posters, signs or advertisements for outdoor use within DeKalb County unless such material has printed thereon the following warning: NOTICE: It is unlawful within the territorial limits of DeKalb County to place political campaign posters, signs and advertisements (a) within the right-of-way of any public streets located within such county; (b) on any public property or building; (c) on any private property unless the owner thereof has given written permission to place such political campaign posters, signs and advertisements on such property; (d) on any property zoned for use other than commercial or industrial; and (e) on any property zoned for commercial or industrial uses if the placement of such political campaign posters, signs and advertisements conflicts with any zoning laws or ordinances of DeKalb County. Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 3, 1968.
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WALTON COUNTY BOARD OF EDUCATIONREFERENDUM. No. 999 (House Bill No. 968). An Act to change the manner ad method of choosing members of the board of education of Walton County; to provide for education districts; to provide for additional education districts in the event the City of Social Circle elects to join the Walton County school system; to provide for staggered terms; to provide for qualifications of the members of the board; to provide for filling vacancies; to provide for compensation of the members of the board; to provide for the election of a chairman; to provide for all matters and procedures relative to the foregoing; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of education of Walton County shall be composed of seven (7) members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Walton County, Walton County shall be divided into five (5) education districts, as follows: Education district No. 1 shall be composed of that territory embodied within the limits of the City of Monroe. Education districts. Education district No. 2 shall be composed of that territory of the County of Walton located east of State Highway 11 and south of U. S. Highway 78, except for the territory located within the City of Monroe and the territory located within the limits of the City of Social Circle. Education district No. 3 shall be composed of that territory of the County of Walton located east of State Highway 11 and north of U. S. Highway 78, except for the territory located within the City of Monroe. Education district No. 4 shall be composed of that territory of the County of Walton located west of State Highway
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11 and north of U. S. Highway 78, except for the territory located within the City of Monroe. Education district No. 5 shall be composed of that territory of the County of Walton located west of State Highway 11 and south of U. S. Highway 78, except for that territory located within the City of Monroe. Each of the seven (7) members of the Walton County Board of Education shall occupy a board post, the same numbered one through seven, inclusive. Posts numbered one, two, and three shall be occupied by board members from education district No. 1, and posts numbered four, five, six, and seven shall be occupied by board members from education districts No. two, three, four, and five, respectively. Provided, however, at such time as the City of Social Circle may vote to come into the Walton County school system, the Walton County board of education shall be composed of nine (9) members. Seven (7) members shall come from education districts No. 1 through 5, as aforesaid. The City of Social Circle shall be designted as education district No. 6, and one member shall be elected by the voters of that city. The City of Loganville shall be designated as education district No. 7, and one member shall be elected by the voters of that city. Section 2. The members of the board shall be elected as follows: Candidates for posts one, two and three shall be elected by the voters residing in education district No. 1. Candidates for posts number four, five, six and seven shall be elected by the voters residing in education districts number 2, 3, 4 and 5, respectively. Candidates offering for election to the board shall qualify by signifying the post for which they are offering. A candidate must reside in the education district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive a majority of the votes cast by the voters of his education district. In the event no person receives a majority of
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the votes cast for each post on the board of education, then it shall be the duty of the ordinary of Walton County to hold and conduct a runoff election between the two candidates receiving the highest number of votes for each such post, such runoff election to be held two weeks after the initial vote for such board members. The expense of the special election shall be borne by Walton County. In the event of a vacancy on the board for any reason other than the expiration of the term of office, the remaining members of the board shall elect a person for the education post from the education district in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an education post from an education district moves his residence from such district, the vacancy shall exist from such district and shall be filled in the same manner as other vacancies. Election's, etc. Section 3. At the general election conducted in 1968, there shall be elected the first members of the board of education of Walton County as provided for herein. The candidates elected to education posts one, three, five and seven shall take office on the first day of January following their election and shall serve for a term of office of four years each and until their successors are duly elected and qualified. Candidates elected to education posts two, four, and six shall take office on the first day of January following their election and shall serve for a term of office of two years each and until their successors are duly elected and qualified. Thereafter, successors who are elected to the Walton County board of education, as provided for herein, shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified. The members of the board shall receive twelve hundred ($1,200.00) dollars per annum, payable in equal monthly installments from county funds, as full compensation for their duties. Terms, compensation. Section 4. At the first meeting of the board, conducted in January 1969, and at the first meeting in January each
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four years thereafter, the members of the board shall elect a chairman for the next four years. Any member of the board shall be eligible to succeed himself as chairman. Four members of the board shall constitute a quorum for the transaction of any business which may come before the board. Chairman, etc. Section 5. The board of education of Walton County serving at the time of the approval of this Act shall continue to administer the affairs of the Walton County school district until December 31, 1968, at which time it shall be abolished, and the board of education of Walton County, provided for by this Act shall thereafter administer the affairs of the said school district. The board of education of Walton County, created by this Act, shall be the successor to all the rights, powers, duties and obligations of the old board of education of Walton County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Present board. Section 6. Not less than sixty (60) nor more than one hundred twenty (120) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Walton County to issue the call for an election for the purpose of submitting this Act to the voters of Walton County for approval or rejection. The ordinary shall set the date of such election for a day not less than Ten (10) 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 Walton County. The ballot shall have written or printed thereon the words: For approval of the Act providing for election of the members of the Board of Education of Walton County. Referendum. Against approval of the Act providing for election of the members of the Board of Education of Walton County. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection
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of the Act shall vote against approval. If 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 Walton County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections. 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 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, 1968 Session of the General Assembly of Georgia, a bill to change the manner and method of choosing members of the board of education of Walton County; to provide for education districts; to provide for additional education districts in the event the City of Social Circle elects to join the Walton County School system; to provide for staggered terms; to provide for qualifications of the members of the board; to provide for filling vacancies; to provide for compensation of the members of the board; to provide for the election of a chairman; to provide for all matters and procedures relative to the foregoing; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 19th day of December, 1967. C. C. Moreland Representative Walton County, Georgia Personally appeared before me, Sanders Camp, publisher of The Walton Tribune, the official organ of Walton County, Georgia, who under oath certifies that the legal advertisement affixed to this sheet appeared in The Walton Tribune
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in the issues of December 20 and 27, 1967, and January 3, 1968. Sanders Camp Publisher, The Walton Tribune Sworn to and subscribed before me, this the 6th day of January, 1968. /s/ Hazel M. Prather Notary Public (Seal). Approved April 4, 1968. BURKE COUNTYSHERIFF'S SALARY, ETC. No. 1000 (House Bill No. 1544). An Act to amend an Act abolishing the mode of compensating the sheriff of Burke County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2127), so as to change the compensation of the sheriff; to increase the number of deputies which the sheriff shall have the authority to appoint; 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 mode of compensating the sheriff of Burke County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2127), is hereby amended by striking from section 2 the figure $9,000.00 and inserting in lieu thereof the figure $10,500.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $10,500.00 payable in equal monthly installments from the funds of Burke County. Sheriff's salary
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Section 2. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The sheriff shall have the authority to appoint four deputies and one secretary, one of which deputies shall be appointed by the sheriff to act as jailer. The compensation of said deputies and secretary shall be fixed by the governing authority of Burke County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as deputies and secretary and to prescribe their duties and assignments, and to remove or replace any such deputies and secretary at will and within his sole discretion. Nothing herein shall be construed as prohibiting the sheriff from appointing more than four deputies and one secretary but the governing authority of Burke County shall be authorized to pay the compensation of only the four deputies and secretary provided for herein. Deputies, etc. Section 3. Said Act is further amended by striking from section 6 the words and three deputies and inserting in lieu thereof the words, four deputies and one secretary, so that when so amended section 6 shall read as follows: Section 6. The necessary operating expenses of the sheriff's office, expressly including the compensation of the sheriff, four deputies and one secretary provided for in section 5 of this Act, 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 said office, subject to the budgetary requirements hereinafter provided for, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Office expenses, etc. Section 4. This Act shall become effective on the first day of the month following its approval by the Governor, or its otherwise becoming law. Effective date.
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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act abolishing the mode of compensating the sheriff of Burke County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2127), so as to change the compensation of the sheriff; to increase the number of deputies which the sheriff shall have the authority to appoint; to provide that the sheriff shall be authorized to employ a secretary; to provide an effective date; and for other purposes. This 24th day of Jan., 1968. Preston B. Lewis Representative 50th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 31, February 7, 14, 1968. s/ Preston B. Lewis Representative, 50th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 4, 1968.
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COMPENSATION TO PHOENIX AIR CONDITIONING, INC. No. 144 (House Resolution No. 456-1013). A Resolution. Compensating Phoenix Air Conditioning, Inc.; and for other purposes. Whereas, on October 13, 1965, Georgia State College notified Phoenix Air Conditioning, Inc., of their intention to award them a contract for installation of a heating and air conditioning system for the second and third floors of the Kell Science Hall on the campus of Georgia State College; and Whereas, because Georgia State College wanted this job completed before the student body returned for the fall quarter, the officials of the college urged Phoenix Air Conditioning, Inc., to commence work immediately; and Whereas, Phoenix Air Conditioning, Inc., delivered some materials to the job site the following day and commenced actual installation the next working day; and Whereas, after working on the job for three days, Phoenix Air Conditioning, Inc., was orally ordered by the college officials to cease work; and Whereas, before the contract was cancelled Phoenix Air Conditioning had expended $2,752.00 in labor and materials for this job; and Whereas, the materials were fabricated for this particular job and have proven valueless for other purposes; and Whereas, Phoenix Air Conditioning, Inc., commenced work on this job at the insistence of the officials of Georgia State College; and
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Whereas, it is only just and proper that Phoenix Air Conditioning, Inc., be compensated for the expenses incurred in connection with the work they performed on this job for Georgia State College prior to the cancellation of the contract. Now, therefore, be it resolved by the General Assembly of Georgia that the State Board of Regents is hereby authorized and directed to pay the sum of $2,752.00 to Phoenix Air Conditioning, Inc., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 5, 1968. HAULING OF GRAVEL, DIRT, ETC. IN CERTAIN COUNTIES (500,000 or more). No. 1001 (House Bill No. 1395). An Act to provide that it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand without having the same protected or enclosed in certain counties; to provide for penalties; to provide for exceptions; 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 500,000 or more according to the U. S. decennial census of 1960 or any such future census, it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand which may fall or be blown from or otherwise dislodged from such truck, motor vehicle or other vehicle, or which
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material extends higher than six inches above the sides of the truck bodies or which material is loaded in any manner so as to cause the load to spill over the sides of the truck bodies and when the truck, motor vehicle or other vehicle is operated over the streets and highways for a distance of two miles or more, the load shall be enclosed by a protective covering. Section 2. Any person, firm or corporation violating the provisions of Section 1 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. CITY OF HOMELANDNEW CHARTER, REFERENDUM. No. 1005 (House Bill No. 927). An Act to create a new charter for the Town of Homeland, in the County of Charlton and to reincorporate said town as a city, and define its territorial limits; to continue in operation, confirm, and consolidate all Laws of force and on record pertaining to said town; to provide for all ordinances, rules, regulations and resolutions of said town, now in force and not in conflict with this Act, to be preserved, continue of force, and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for notice by candidates for office, the manner of their election and removal from office; to provide for the retention in office of the present officers of said town until the elections provided for in this charter are held; to provide for the qualifications of all electors and voters therein; to provide
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for the permanent registration of the qualified voters thereof, and for the registration books of said city and when same shall be open; to provide for the Mayor's court and the trial and punishment therein of all offenders against the laws of said city, and other offenses, and the manner of appeal therefrom; to provide for the enacting of all necessary ordinances, rules and regulations, to provide penalties for the violation of same; and for other purposes; to provide for a mayor and board of aldermen and to define their powers and duties; to provide for the punishment of violators of the ordinances of said city, and other offenses; to define the special powers and duties of the mayor; to provide for the election of a mayor and board of aldermen, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all city elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decisions of the city clerk refusing to allow any person to register; to provide for a notice to persons whose name is stricken from the voters' list and for a hearing on same; to provide for a city clerk and treasurer, a town marshal, attorney and other officers, their oaths, bonds and for their compensation and their removal from office; to provide for the taking of appearance bonds and for the forfeiture of the same, to provide for appeals and certiorari from the mayor's court and from the decision of the mayor and aldermen in criminal cases; to require tax returns to be made by the citizens of said city; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decisions of the board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the city; and to define its limits; to empower said city to widen its streets; to provide for the removal of obstructions from streets; to empower said city to require railroad companies to make
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and repair crossings in said city; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades and businesses, callings, and professions; to provide for the registration of trades and businesses, and to authorize said city to require any person engaging in any trade, profession or business, to purchase a license to do so; to provide for the revocation of such license; to provide for the licensing, control and regulation of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals, and for power to impound the same; to provide for the opening of new streets, and the right to condemn property for such purposes, to provide for the improvement of streets in said city; to provide for the cost of such improvements, and for the assessment against abutting property therefor; to provide for the cost of curbing, drains, and manholes; to compel the connection of water and gas lines; to provide for the prorating of assessments; to provide for the improvement of streets and sidewalks; to provide for contracts for street improvements, and for the bonds of contractors; to provide for the appraisal of cost of street improvements, and provide for a lien for street and sidewalk improvements; to provide for the issuance of executions for street and sidewalk improvements, and the levy and sale of abutting property thereunder; and for the transferring of such execution; to provide for affidavits of illegality to street and sidewalk executions and the trial of such; to provide for street improvements abutting State property, and political subdivisions thereof; to provide for bond elections for street improvements and for a tax to pay such improvement bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the City of Homeland and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system, for the extension of such systems, and
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for the assessments, for the taking of property for sewerage system; for the extension of such system, and for the making of sanitary lots; to authorize the city to maintain and operate a system of waterworks; and other public utilities; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for general policing and all police law; to provide for all matters and things necessary or proper or incident to a municipal corporation, and inhabitants and well being thereof; to provide for the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said city; to provide for the collection of sanitary taxes; to provide for a board of health and define the powers and duties of such board; to provide for the regulation and prevention of sale of intoxicating liquors, except malt beverages; to provide for fire districts in said city and for fire regulations therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a city cemetery and its regulation; to provide for the powers of said city to grant encroachments on public streets; to provide for a city prison; to provide for executions in favor of said city, and for the advertisement and sale of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for city parks, and for the regulation of trees in said city; to empower said city to require all male citizens between the ages of eighteen and fifty to work on the streets of the city or to pay a commutation street tax in lieu thereof, and to provide for exemption therefrom and for punishment for those failing to work streets or to pay commutation tax; to provide for the regulation of vehicles, and their speed in said city; to provide for prevention of idleness and loitering; to provide for a city fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said city; to require building permits before any building or structure can be erected in said city; to provide for the zoning of
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property in said city for all purposes; to provide for the condemnation of private property, within and without the city, for public purposes; to provide for the issuance of bonds, for bond elections; and for the levy and collection of a tax to pay said bonds; to provide for the sales of property by the mayor and aldermen; to provide for the recall of elected officers; to provide that receipts and disbursements be published in the official gazette of County of Charlton; to provide for the sale, control, and regulations of malt beverages; to provide for the repeal of all Acts in conflict with this Act, to provide that if any part of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining parts or portions; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: TABLE OF CONTENTS. PART I-INCORPORATION. Section 101. Incorporation. Section 102. Corporate limits. Section 103. Corporate powers. Section 104. Corporate seal. Section 105. Present city officers confirmed. PART II-ORGANIZATION OF MUNICIPAL GOVERNMENT. Section 201. Governing body and powers. Section 202. Election of mayor and aldermen, terms of office, etc. Section 203. Qualifications of mayor and aldermen. Section 204. Notice of candidacy, mayor and aldermen candidacy. Section 205. Candidates, prohibited acts.
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Section 206. Mayor. Section 207. Clerk, treasurer, marshal, etc. Section 208. City clerk. Section 209. Mayor pro tem. Section 210. City attorney. Section 211. Meetings of board of aldermen. Section 212. Mayor's veto. Section 213. Examination of official conduct. Section 214. Impeachments. Section 215. Recall of officers. Section 216. Employment of city officers. PART III-ELECTIONS, VOTERS. Section 301. Qualified voters. Section 302. Elections. Section 303. Election tally sheets, disposition, etc. Section 304. Registration. Section 305. Registrars. Section 306. Voters' List. Section 307. Appeals. Section 308. Purging of lists. Section 309. Illegal voting. PART IV-TAXATION, FINANCES AND LICENSES. Section 400. Tax rate, bonded indebtedness. Section 401. Tax returns. Section 402. Board of tax assessors, appeal therefrom, assessments. Section 403. Appeal therefrom to council.
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Section 404. Collection of taxes. Section 405. Special assessed valuations. Section 406. Licenses. Section 407. Licenses, same. Section 408. Licenses, same. Section 409. Licenses, same. Section 410. Licenses, same. Section 411. Revocation of licenses. Section 412. Street tax. Section 413. Exemption from street tax. Section 414. Dogs. Section 415. Bonds and revenue certificates. Section 416. Plans, specifications, etc. Section 417. Bond elections. Section 418. Sinking fund. Section 419. Temporary loans. Section 420. Revenue producing projects. Section 421. Executions. Section 422. Treasurers' statement. PART V-STREETS, SIDEWALKS, ETC. Section 501. Streets, sidewalks, etc. Section 502. Ordinances for street improvements, etc. Section 503. Number of petitioners, etc. Section 504. Notice of intention, objections. Section 505. Contracts for improvements. Section 506. Appraisal of costs. Section 507. Assessments, notice, payment, etc. Section 508. Executions, sales.
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Section 509. Transfer of executions. Section 510. Ordinance as notice of lien. Section 511. Illegality. Section 512. Municipal, county and State Ownership of abutting land. Section 513. Condemnation. Section 514. Street and sidewalk improvements. Section 515. Water, gas and sewer pipes. Section 516. Computation of assessments. Section 517. Assessments of costs, streets, etc. Section 518. Sidewalk improvements. Section 519. Assessments, sidewalks. Section 520. Bond elections. Section 521. Installment payment of assessments. Section 522. Installment payment of assessments. Section 523. Lien of installment assessments. Section 524. Street improvement bonds. Section 525. Collections. Section 526. Executions. Section 527. Payment of city's share. Section 528. Code provisions. PART VI-LAW ENFORCEMENT, PUNISHMENT AND PROCEDURE. Section 601. Mayor's court. Section 602. Hearings. Section 603. Arrests. Section 604. Accusations, warrants, etc. Section 605. Fees.
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Section 606. Prisoners. Section 607. Appeals from mayor's court, certiorari. Section 608. Commitment trials. Section 609. Arrests, aid of private citizens. Section 610. Escapes. Section 611. Public work camps and work gangs. Section 612. Sheriff as marshal. PART VII-HEALTH, WATER AND SANITATION. Section 701. Board of health, nuisances. Section 702. Health regulations. Section 703. Drainage of lots and cellars. Section 704. Nuisances. Section 705. Waterworks commission. Section 706. Garbage collection, fees. Section 707. Regulation of garbage collection. Section 708. Sewers and drainage. Section 709. Rights-of-way. Section 710. Ordinances for sewage, drainage, sanitation. Section 711. Sewerage extension beyond limits. Section 712. Assessments for sanitation purposes. Section 713. Jurisdiction of city extended for police and sanitation. Section 714. Condemnation of water rights, etc. Section 715. Water closets, urinals, etc. PART VIII-GENERAL PROVISIONS. Section 801. Existing ordinances. Section 802. Consolidation of prior Acts.
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Section 803. Code Provisions. Section 804. Condemnation. Section 805. City code. Section 806. General welfare powers. Section 807. Zoning. Section 808. Building permits. Section 809. Parks. Section 810. Fire department. Section 811. Fire protection. Section 812. Vehicles. Section 813. Animals. Section 814. Trees. Section 815. Churches and cemeteries. Section 816. Public school system. Section 817. Charity solicitation. Section 818. Alcoholic liquors. Section 819. Malt beverages. Section 820. Immoral conduct. Section 821. Houses of ill fame, etc. Section 822. Idleness and loitering. Section 823. Gunpowder, oils, etc. Section 824. Franchises, easements. Section 825. Sale of city property. Section 826. Repealing clause. Sections separately enacted. Section 827. Effective date of charter. Section 828. Notice of intention to apply for legislation.
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PART I-INCORPORATION . Section 101. Incorporation . From and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Homeland, located in the County of Charlton, State of Georgia, shall be and hereby are incorporated under the name and style of City of Homeland, Georgia. Section 102. Corporate limits . The corporate limits of the City of Homeland shall embrace all the territory within a seven-eights (7/8) mile radius as measured from a U. S. Coast and Geodetic survey bench mark located in the center of Block No. 61 of the 1906 Colony Domains sub-division plat of survey as same appears of file and on record in the office of the Clerk of Superior Court, Charlton County, Georgia, said territory city limits being more fully shown and described by that certain map recorded in plat book A, page 43, office of the clerk of superior court, Charlton County, Georgia. There is nevertheless excepted out of said described lands all that certain part thereof as described in Georgia Laws 1951, pages 2046-2047. Section 103. Corporate powers . From and after the passage of this Act, the inhabitants of the territory described in section 102 of this Act, located in the County of Charlton, State of Georgia, shall be and hereby are incorporated, under the name of City of Homeland, Georgia, and said City of Homeland, Georgia is hereby chartered and made a city under the corporate name of City of Homeland, Georgia, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State or cities thereof, and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said Town of Homeland shall be and are hereby vested in said City of Homeland, Georgia as created by this Act; and the City of Homeland, Georgia as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and aldermen, such ordinances,
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by-laws rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and aldermen may seem best, and which shall be consistent with the laws of the State of Georgia, and the United States. And the said City of Homeland shall have the right and power to purchase, hold, rent, lease, sell, mortgage, exchange, enjoy, possess and retain in perpetuity or for any term of years, any property, estate or estates, real or personal, land and tenements and hereditaments, and of whatever kinds, and within or without the limits of said city, and for corporate purposes said City of Homeland created by this Act shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said Town of Homeland, as its mayor and aldermen as a body corporate as heretofore incorporated. Section 104. Corporate seal . Said City shall have a corporate Seal which shall consist of the words City of Homeland, Georgia in a circle with the figures 1906 also in said circle at the bottom thereof, and the word Seal in the center of said circle, said word and figures so cut or fixed in a metal device so that said seal can be impressed on written instruments to which said City is a party. The city clerk of said City shall be the custodian of said corporate seal. Section 105. Present city officers confirmed . The present mayor, aldermen and recorder of said Town of Homeland shall continue in office for the respective terms for which they shall have been heretofore elected and until their successors have been elected and qualified as hereinafter provided, and said mayor, aldermen and recorder shall exercise all the powers and authorities conferred upon the mayor, aldermen and recorder of said City of Homeland, created by this charter. PART II-ORGANIZATION OF MUNICIPAL GOVERNMENT . Section 201. Governing body and powers . The municipal government of the City of Homeland shall consist of and be
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vested in a mayor and six (6) aldermen who shall be known as the council; that said mayor and aldermen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroads, trains, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; storehouses, hitching places, markets, slaughter houses, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas, water, lights and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said city and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and the preservation of peace, good order and dignity of said government; and said mayor and aldermen shall have full power and authority to pass all laws and ordinances, resolutions, rules and regulations, necessary and proper to preserve order, keep the peace, suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State, and to prescribe punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed so as to restrict the mayor and aldermen to said powers alone but their powers 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. Section 202. Election of mayor and aldermen, terms of office, etc. On the first Tuesday of December, 1968, and annually thereafter an election shall be conducted at the city hall in the City of Homeland for the purpose of electing
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candidates to succeed the City officials whose terms shall expire on the first Friday in January of the following year. In the event no candidate receives a majority of the votes cast at such election, there shall be a runoff election between the two candidates receiving the highest number of votes cast for the office. The runoff election shall be held fourteen (14) days after the regular municipal election, under the same laws, rules and regulations governing regular city elections. The mayor and three (3) councilmen who shall represent council post 1, 2 and 3 shall be elected on the first Tuesday in December, 1968, and shall serve for a term of office of two years each or until their successors are elected and qualified. The three (3) councilmen who shall represent council posts 4, 5 and 6 shall also be elected on the first Tuesday of December, 1968 and shall serve for a special term of office of one year each and until their successors are elected and qualified. Thereafter, the three (3) councilmen who shall represent council post 4, 5 and 6 shall be elected on the first Tuesday of December, 1969, and shall serve for a term of office of two (2) years each and until their successors are elected and qualified. A city election shall be held biennially thereafter for a mayor and three (3) councilmen one year and three (3) councilmen the succeeding year. It being the purpose and intent of this section to provide a rotation system for the office of mayor and aldermen in order that at no time shall there be elected for office at the same time a new mayor and board of aldermen throughout, but that after every election there shall remain in said body either a mayor and three (3) aldermen, or three aldermen who have served in said capacities for one year preceding thereby retaining in said body three officials who have had at least one year of experience in said capacities either as mayor or as aldermen. On the first Friday in January, in each year, the newly elected mayor and/or aldermen-elect shall meet in the city hall or other designated place in said city and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Alderman as the case may be) of the City of Homeland for the ensuing term, and I will faithfully enforce the charter and ordinances of said
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city to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or any alderman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. In the event that the office of mayor, or any one or more of the aldermen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies shall be filled by appointment by the mayor and aldermen, of any resident of the city who would be a qualified candidate, in the case of vacancies in the board of aldermen, and by the aldermen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms. Section 203. Qualification of mayor and aldermen . No person shall be eligible for the office of mayor or alderman of said city unless he shall have attained the age of twenty-one (21) years, has resided continuous in said city for a period of six (6) months immediately preceding his or her election and shall be a qualified voter in municipal elections for officers of said city. Any person who shall have been convicted of any crime involving moral, turpitude shall not be eligible for said public office in said city. Section 204. Notice of candidacy. Mayor and aldermen, candidacy . All persons desiring to qualify as candidates to the office of mayor or for alderman shall designate the council post for which he is offering. Candidates for mayor and councilmen shall qualify at least thirty (30) days before the day of election. The voter registration books shall be closed thirty (30) days before the date of holding any municipal election. Elections shall be conducted in the same manner as elections for members of the General Assembly. The mayor and council are hereby authorized to provide for absentee ballots for all municipal elections under such rules and regulations as the mayor and council shall by ordinance provide. Provided, however, such absentee ballots shall be made available to the voters who shall require them twenty (20) days prior to the date of holding a municipal election. Section 205. Candidate, prohibited acts . No candidate for mayor, or alderman shall, before his election directly or
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indirectly, promise any person that he will appoint or vote for appointment of such person, or any other person, to any office, agency or employment in the government of said City of Homeland. For a violation of this provision, such candidate making such promise, and the person soliciting the same, shall forfeit his office and either or both shall, upon conviction, be punished as for a misdemeanor, and upon the trial of any person for the violation of this section of this Act, both the candidate making the promise and the person soliciting the same shall be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him or her in any prosecution except upon an indictment for perjury in any matter to which he may have testified. Section 206. Mayor . The mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city aldermen; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said aldermen as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and aldermen of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the aldermen from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the aldermen of said city all records of account and see that they are properly and correctly kept, to require such reports to be made by such officers, to the aldermen as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; to preside in the Mayor's Court of the City of Homeland, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with the violation of any ordinance of said city; or the laws of this State and
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to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such mayor's court or contempt of the aldermen by imposing such sentence or penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinances or resolution of the aldermen, properly passed; and to do all acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Section 207. Clerk, treasurer, marshal, etc . At the first regular meeting of the mayor and aldermen in January, 1969, and annually thereafter, the mayor and aldermen shall elect a city clerk and treasurer; and said clerk and treasurer to give bond with security in a corporate surety company in the sum of $1,000.00 for the faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as the judgment of the mayor and aldermen shall be necessary, and such other officers as the mayor and aldermen shall deem necessary in the good government of the city. Each of said officers shall take oaths; perform such duties and give such bonds as the mayor and aldermen may by ordinances prescribe; provided, that all bonds of officers shall be made payable to the City of Homeland. Said mayor and aldermen shall have the power and authority to suspend and remove said officers in their discretion; and it shall be the duty of the mayor and aldermen to fix the salaries, or compensation, of said mayor and aldermen, and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, aldermen or officers. All expenditures of the mayor and aldermen for city purposes shall be paid out of the city funds by an order drawn by the city clerk, and countersigned by the mayor, after the mayor and aldermen have allowed same. The mayor and aldermen may, at any time employ as many policemen for said city for such length of time as said mayor and aldermen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and aldermen.
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Section 208. City clerk . 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 and records of the city appertaining to his office; he shall be clerk of the city and of the mayor's court, and shall keep the minutes of the mayor and aldermen and of the mayor's court; copies of all papers filed in the office of the clerk, and transcripts of the records of the mayor and aldermen and of the mayor's court certified by the clerk under the corporate seal 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 ($1.00), each, which sum shall be paid into the city treasury. He shall perform such other duties as the mayor and aldermen shall by ordinance otherwise require and direct including the keeping of a minute book and a properly indexed book of ordinances. Section 209. Mayor pro tem . The mayor and aldermen at their first regular meeting in January, 1969, and annually thereafter, shall elect one of the aldermen mayor pro tem., who shall in the case of absence or disqualification of the mayor or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Section 210. City attorney . The Mayor and Aldermen of the City of Homeland shall have power and authority to employ qualified competent counsel for said city whose salary or compensation, term of office and duties shall be fixed by ordinance. Section 211. Meetings of board of aldermen . The mayor and four aldermen shall constitute a quorum for the transaction of any business before that body; and a majority of the votes cast shall determine questions before them; provided, that every question so determined or ordinance
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passed shall receive no less than four votes. The mayor and board of aldermen of said city shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor shall have power to convene the aldermen in special sessions whenever he deems it proper, and the mayor and aldermen shall have full authority and power to perform any of their duties or powers at a special or called session. Section 212. Mayor's veto . Every ordinance and resolution passed, and every election of an officer or employee by the mayor and board of aldermen, shall be subject to the veto of the mayor in the following manner: The mayor shall within four days write out his objections to such resolution, ordinance, or election, and the mayor and aldermen shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered in the minutes and take a vote on the question as to whether said ordinance, resolution or other action shall become adopted over the mayor's veto. Should as many as four aldermen vote in the affirmative, said resolution, ordinance or other action shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all such cases be entered on the minutes. Section 213. Examination of official conduct . The mayor and aldermen of said city shall be empowered and authorized through a committee, or by themselves in the discretion of said mayor and aldermen whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee, or mayor and aldermen conducting said examination, shall have power to send for persons and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Section 214. Impeachments . The mayor and aldermen of said city shall be subject to impeachment by a proceeding brought by a resolution of the mayor and aldermen, and tried before the mayor and aldermen for any act of misfeasance, nonfeasance or malfeasance, connected with the
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official conduct of such mayor or aldermen, or for any conduct in private life which involves moral turpitude, or tends to bring discredit upon the City of Homeland and its citizens. In any such proceedings, the mayor or any aldermen whose conduct is thus in question, shall not be qualified to sit on said proceeding or to cast any vote in connection therewith. A two-thirds majority of those qualified to sit and so voting shall be necessary to impeach such mayor or alderman, and on conviction such mayor alderman shall be removed from office instanter. Section 215. Recall of officers . In addition to the method now provided for removal of mayor or any alderman of the City of Homeland; said officers and each of them shall be subject to removal during their respective terms of office in the following additional manner: When one-fourth of the qualified voters of said city as shown by the qualified voters list used in the last preceding general municipal election shall so request in a petition filed in the office of the city clerk, an election shall be called and held within thirty (30) days from the date of the filing of said petition, at which election the only subject shall be the recall or non-recall of the mayor or any aldermen, or of the mayor and any aldermen, or any two aldermen of said city. It shall be the duty of the board of registrars of said city to check the names on said voters list and certify to the Mayor and Aldermen of the City of Homeland the number of qualified voters thereon in order that the mayor and aldermen may be able to correctly determine whether the required number has signed said petition. This certified list shall be submitted to the Mayor and Aldermen of the City of Homeland with said petition. Said petition must be filed with said city clerk at least five (5) days prior to the meeting of the mayor and aldermen at which said petition and certified list is to be considered by the mayor and aldermen in order that said list may be checked as herein provided. When said petition with said certified voters list is filed as herefore provided, the Mayor and Aldermen of the City of Homeland shall order an election to be held within thirty (30) days as above mentioned if one-fourth of the qualified voters determined as above provided appear to have signed said petition. Such election shall be held under
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the same rules and regulations as govern other regular city elections. At this special election each ballot shall be as follows, with the names of the officer or officers and the office inserted in the blanks as follows, to wit: 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 favor the recall of such officer or officers such office or offices is hereby declared vacant at the moment said votes are canvassed and the result announced by the Mayor and Aldermen of the City of Homeland. A meeting of the mayor and aldermen shall be called and held for this purpose, if no regular meeting intervenes, within not less than five (5) days from the date of such election. At said meeting the election managers shall make a return of the votes cast in said election by report of same to the mayor and aldermen in writing, and thereupon the mayor and aldermen shall examine said returns and declare the result. Vacancies created by recall as herein provided shall be filled in the same manner as vacancies created otherwise are filled. If an election is held on a recall petition and the official involved wins the election he shall not be subject to further recall elections during the term for which he shall have been elected. If an election is held on a recall petition the mayor or alderman for whose recall the election is held shall not be qualified to act on said petition or in receiving and declaring the result of any election held thereon or in calling an election. Section 216. Employment of city officers . The mayor and each member of the board of aldermen shall be qualified to serve the municipality in any office or position of agency or employment, except that they shall not serve in
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the positions of one another as members of the governing authority, save that one of the aldermen may be designated as mayor pro tem. to serve in the absence or disability of the mayor. PART IIIELECTION, VOTERS . Section 301. Qualified voters . All persons qualified to vote for members of the General Assembly of this State and who shall have resided in the City of Homeland six (6) months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws of said city, shall be qualified to vote at any election for by this charter. Section 302. Elections . Elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Homeland, shall be managed by a justice of the peace or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; 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 aldermen shall provide as many voting booths as may be necessary at said city hall or other designated place for the holding of the election. The polls shall be open at 7:00 o'clock A. M. and close at 7:00 P. M. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and aldermen. The mayor and aldermen shall determine and provide for the payment of managers of any elections.
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No particular form of ballot shall be required for any election for mayor and aldermen, or either, except that the ballot shall list the candidates in alphabetical order, according to their surnames, separating the candidates for mayor from the candidates for aldermen, and listing each class in alphabetical order. The use of mechanical voting machines or other electronic devices is hereby authorized in all elections or the voting on any issue under the authority of this charter. Section 303. Election tally sheets. Disposition . The said election managers shall keep and certify two (2) lists of the qualified voters and two (2) tally sheets. On the first Friday in January following each election said list and sheets shall be presented to the mayor and councilmen who shall examine, canvass and certify same after which all such documents shall be placed in the city ballot box under lock and key to be kept in the possession of the city clerk. The mayor and aldermen shall by resolution declare the winner after such examination and canvass and the clerk shall administer the oath of office, all under the terms and provision of this charter. Section 304. Registration . It shall be the duty of the clerk, upon the first Monday immediately following any election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each day and every day between the hours of 9:00 o'clock A. M. and 4:00 o'clock P.M. (Sundays and legal holidays excepted) until thirty (30) days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book be again opened following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, and who upon the day of the election, is then a resident, will have resided in said city for six (6) months prior thereto, to allow such person to register his name and color, recording on said book besides the applicant's name, his age, occupation or
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business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve (12) months, in this county six (6) months, and in the City of Homeland six (6) months next preceding your registration, or that by the date of the next city election, if you are still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the date of the next city election; that you are eighteen (18) years old; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto or by someone authorized to do so for him. However, no person registering in said book 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, it being the purpose of this Act to provide a permanent system of registration for said city. Provided, the present registration list of said city shall be preserved, and persons having qualified previously, shall not be required to re-register. Section 305. Registrars . At the first regular meeting of the mayor and aldermen in January of each year, said mayor and aldermen shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same, properly certified, to the clerk of said city, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in form prescribed by the mayor and board of aldermen. The compensation of such registrars shall be fixed by the mayor and board of aldermen, at the time of the selection and appointment of such registrars. The term of office of such registrars shall be for one year.
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Section 306. Voters' list . The Clerk of the City of Homeland shall close the registration book thirty (30) days before any regular or special election, to be held in said city at four o'clock P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city who are qualified to vote in such election. In making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars 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 to deliver same to the Clerk of the City of Homeland, and the said clerk shall certify that same has not been altered nor changed since being delivered to him, and on the morning of the election to be held in said city deliver such list to the election managers selected to hold such election; and no person whose name does not appear upon said list, shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters' list by accident or mistake. Section 307. Appeals . All persons shall have the right to appeal from the decision of the clerk, refusing any person the right to register; such appeal shall be made to the board of registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person or persons to vote in such election and the decision of said board shall be final. Section 308. Purging of lists . The board of registrars have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity
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to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matters, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by mailing same addressed to such person or persons whose name or names appear on said registration book, postage prepaid, addressed to Homeland, Georgia, shall be sufficient service. If any such person or persons, so notified as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of such persons if they find such person or persons are disqualified to vote in said election for any cause. Section 309. Illegal voting . 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 304 hereof, shall be guilty of a misdemeanor, and punished accordingly. PART IVTAXATION, FINANCES AND LICENSES . Section 400. Tax rate, bonded indebtedness . For the purpose of raising revenue for the support and maintenance of the government of said City of Homeland and for the ordinary current expenses thereof, the mayor and aldermen shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes and bonds, and other evidences of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding two (2) per centum upon the value of said property on the hundred worth of taxable property, exclusive of the taxes for public schools as now authorized by
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law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said city authorities and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and aldermen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that the said mayor and aldermen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and aldermen so desire. Section 401. Tax returns . All persons owning property in the City of Homeland 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 first of each year; and the books for recording same shall be open on February first and close as of May first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Section 402. Board of tax assessors, assessment, appeal therefrom . The mayor and aldermen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city, said freeholders owning real estate in said city, as a board of tax assessors of said city. The mayor and aldermen shall fix the per diem compensation of said tax assessors, for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the mayor and aldermen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform
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the duties of said office. It shall be the duty of said assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate of 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 May 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. Said board of tax assessors shall make a return of their work within thirty days after the close of the books for receiving returns, unless additional time is granted by the mayor and aldermen; 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 ten (10) days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice ten (10) days before said hearing to a non-resident taxpayer, with postage prepaid to his last known address shall constitute legal notice to him. Section 403. Appeal therefrom to council . Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same to the mayor and aldermen of said city. Provided, said appeal to 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 of which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and aldermen at their next regular meeting unless continued for cause, and their decisions shall be final. The mayor and aldermen of said city shall have the power
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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. Section 404. Collection of taxes . The mayor and aldermen shall 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 405. Special assessed valuation . No property located within the corporate City of Homeland shall have the benefit of any special assessed valuation for city ad valorem taxes unless authorized by constitutional amendment. Section 406. Licenses . Said mayor and board of aldermen shall have full power and authority to require any person, firm, company or corporation, whether non-resident in said city who may engage in, prosecute or carry on any trade, business calling, vocation or profession within the corporate limits of said city if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the mayor and aldermen may provide by ordinance. Said mayor and aldermen may provide by ordinances for the punishment of all persons, firms, companies, or required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fails to comply in full with all requirements of said ordinance made in reference thereto. Section 407. Licenses, same . Said mayor and aldermen shall have full power and authority to license billiard tables, pool tables, tenpins, and all tables kept and used for the
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purpose of playing, gaming, or renting of tenpin alleys, ninepen alleys of any kind which are kept for the purpose of playing, on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game of play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may by ordinance prescribe, provided, however, that the playing of all such games is authorized by State law. Section 408. Licenses, same . Said mayor and aldermen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Section 409. Licenses, same . The mayor and aldermen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty shops, all oil mills, ice works, laundries, waterworks, all opera houses, theatres, picture shows, drays, hacks, taxies, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealer, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State, also any person running a flying jinny, flying horse, merry-go-round, bicycle or skating rink and all circuses, side shows and all other shows or performance exhibiting in said city, and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other business, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Section 410. Licenses . At the first regular meeting of the mayor and aldermen in each year, said mayor and aldermen
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shall pass and adopt, as hereinafter provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades, or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as city ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by the City of Homeland without having first procured such license and complied with all other requirements of said City of Homeland, relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax, and upon conviction thereof, in the mayor's court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and the prosecution under this section shall not be a bar to the issuance by the said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business within the City of Homeland, requiring a license, prior to May first of any year, the mayor and aldermen shall add the sum of twenty percent (20%) penalty above provided. The mayor and aldermen shall have full power and authority to provide by ordinance, for the classification by the different classes of business, and all other rules and regulations necessary and proper in the premises. Section 411. Revocation of license . The mayor and aldermen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious
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to the health or morals of the inhabitants of said City of Homeland, and in such case the license shall not be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license such notice stating the reason why such license is being revoked, and affording such persons, firm or corporation an opportunity to be heard on the question before said mayor and aldermen, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the mayor and board of aldermen whatever evidence he may desire touching upon the question of revocation of such license. The decision of the mayor and aldermen of said city, revoking any such license shall be final. Section 412. Street tax . The Mayor and Aldermen of the City of Homeland may require and compel all male persons between the ages of eighteen and fifty who have resided in the City of Homeland as long as thirty days, except those who are exempt in Section 413 of this Act, to work upon the streets of said City of Homeland not to exceed fifteen days in each year, at such time or times as the mayor and aldermen may require, or to pay a commutation tax in lieu thereof, not exceeding twenty-five dollars ($25.00) in any one year, as said mayor and aldermen may determine by ordinance. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and aldermen may require, he shall be deemed to be guilty of a violation of this section, and on conviction in the mayor's court of said city, shall be punished by a fine not exceeding fifty dollars ($50.00) or imprisonment in the city prison or by labor on the chain gang of said city not exceeding twenty (20) days. Said mayor and aldermen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. Section 413. Exemptions from street tax . All ordained ministers of the gospel, who are in regular discharge of ministerial duty, and in charge of one or more churches,
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all men who have lost one arm or one leg; and all men who are either deaf, dumb, or blind either totally, or partially to the extent that they are unfit or unable to perform street work and all persons who have reached the age of fifty (50) years shall be exempt from the street duty provided in Section 412 of this Act and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit or unable to perform street work shall be left to the judgment of the mayor and aldermen and their decision on such question shall be final. Section 414. Dogs . The mayor and aldermen of said city shall have power and authority by ordinance to impose a tax on dogs within said city, and shall have power to enact ordinances providing for the collection of said tax and authorizing the city marshal and policemen of said city to dispose of any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Section 415. Bonds and revenue certificates . The Mayor and Aldermen of the City of Homeland shall have power and authority to issue bonds and revenue certificates for and in the name of said city for any of the following purposes, to wit: for purchasing property, purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping and maintaining waterworks, water supply system, and gas systems and services and electric light system; for laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lands, alleys, crossings and public places in said city; for fire protection, fire-fighting equipment and facilities, hospitals, and for any and all public uses and purposes that may be needed for said city. Section 416. Plans, specifications, etc . Before any proceeding toward the issuing of bonds for any of the purposes named in Section 415, the mayor and aldermen shall prepare, or cause to be prepared, by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information all of which
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shall be on file and accessible to voters at least ten (10) days before said bond election is to be held. The cost of preparing such plans, specifications and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Section 417. Bond elections . Before any bond of said city shall be issued for any of the purposes named in Section 415 of this charter, the mayor and aldermen of said city shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the aforesaid purposes, as deemed expedient by said mayor and aldermen; provided, always that the limits of the total bonded indebtedness of said town as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by the said mayor and aldermen as hereinbefore provided, then and in such event the said city's mayor and aldermen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said mayor and aldermen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the mayor and
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clerk of said city. This section does not apply to the mayor and aldermen issuing revenues certificates for the purpose as heretofore stated in Section 415 of this Act as they are empowered under Section 420 of the Act. Section 418. Sinking fund . Whenever any bonds are issued by said city, it shall be the duty of the mayor and aldermen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Section 419. Temporary loans . The mayor and aldermen of said city shall have power and authority, when necessary to supply casual deficiencies, in the revenue of said city, to negotiate a temporary loan or loans and execute a note or notes, mortgages or debt deeds therefor in the name of said city, as may be provided by special resolution or ordinances for that purpose. Section 420. Revenue-producing projects . The said city, by and through its mayor and aldermen, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the service, 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 and to do all the things and acts authorized by the laws of this State, and Acts amendatory thereof. Section 421. Executions . All executions, in favor of the City of Homeland for the enforcement and collection of any fine, forfeiture, assessments, taxes, or other claim, demand, or debt, shall be issued by the clerk and bear teste in the name of the mayor (except when otherwise provided in this charter), and shall be directed to the marshal of said city, and shall state for what issued and may be returnable to the Mayor and Aldermen of the City of Homeland at least within ninety days after the issuing of the same; and it
Page 3019
shall be the duty of the marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriff's sales of real property or constable's sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriff's and constable's sales, and to be made under the same rules and regulations as govern sheriff's sales and constable's sales of similar property; that the time, place, and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for the sale under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax deed, plus a premium of 10 percent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Homeland, and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia. Whenever at any such sale for taxes due, no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale, shall make to the City of Homeland, a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided, and the marshal, or other officer making the sale shall put the city in possession, and the mayor and aldermen of said city shall have no right to divert or alienate the title of the city to any property so
Page 3020
purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of Homeland. 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 hereunder; said execution shall also 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 all the force and effect of sales and conveyances made by sheriff's and constable's of this State, and the officer making the sales shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Section 421. Treasurer's statement . The treasurer shall publish a statement of receipts and disbursements in the official paper of the City of Homeland not later than January 30 for the preceding year. PART VSTREETS, SIDEWALKS, ETC . Section 501. Streets, sidewalks, etc . The Mayor and Aldermen of the City of Homeland shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, squares and lands of the City of Homeland, and the grading of the same; to open any street and alleys and have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Homeland without the compensation first being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said mayor and aldermen of the City of Homeland shall have full power and authority to remove or cause to be removed any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said city. Said mayor and aldermen of the City of Homeland shall have power and authority (except as such power may be restricted by an existing general law) to regulate the use of the streets,
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sidewalks and public grounds for sign posts, awning, telegraph, telephone poles, rack and for carrying banners, hand bills and placards on the streets and sidewalks and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph or telephone company, power or electric company, having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and aldermen, and in case such telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. Section 502. Ordinances for street improvements, etc . No street, avenue, alley, lane, or other public place in the city shall be repaved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said mayor and board of aldermen shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. The requirements of this section shall not apply when paving projects are available by or through State or County aid not requiring contribution to cost by property owners. Section 503. Number of petitioners, etc . In determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and a majority in the interest of owner's undivided interest shall be counted as one person, provided, that in the case where the improvements are petitioned for the owner or owners of a majority of the front footage
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of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Section 504. Notice of intention, objections . The ordinance authorizing the paving, repaving, improving, or re-improving of any street, avenue, alley, lane, public place or sidewalk under provisions of this State shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration for such ordinance an advertisement shall be inserted at least one time in the newspaper which has a general circulation in said city which the advertisements for sheriff's sales in Charlton County are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said mayor and aldermen to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinances. Said meeting may be held at the time for the regular monthly meeting of said mayor and aldermen or at any time they may designate. Any number of streets, sidewalks, avenue, alleys, lanes or other public places, or parts thereof may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane, or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement, if any property owner or other person desires to make objection to the passage of such ordinance, full opportunity shall be given at such meetings, and after hearing objections, if any are made, to the passage of such ordinance said mayor and aldermen shall have the right to order such paving, repaving, or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten (10) days therefrom begin
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legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and aldermen, and said ordinance shall have been held by the courts of this State to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the mayor and aldermen shall deem best they shall cause said improvements to be made. Section 505. Contracts for improvements . Said mayor and aldermen may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of the contracts and the provisions thereof; and the said mayor and aldermen shall by ordinance provide that the contractor shall execute to the City of Homeland a good and sufficient bond, in an amount to be stated in such ordinances conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Homeland and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five percent of the total cost of paving for maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said mayor and aldermen. Said ordinance shall also direct the mayor and clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notices shall be in such form as they may deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where the sealed proposals shall be filed and when and where the same will be considered by the mayor and aldermen. Said notice shall be published once a week for two consecutive weeks in some
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weekly newspaper of general circulation in said City of Homeland. The right is hereby expressly granted to the City of Homeland to call for bids on different kinds of pavement at the same time, for doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the mayor and aldermen shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected, perform all the conditions imposed by the said mayor and aldermen as prescribed in such ordinance and notice for proposals. The said mayor and aldermen shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Section 506. Appraisal of costs . As soon as the said contract is let, and cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said mayor and aldermen shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvements as hereinafter provided. Within fifteen (15) days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane, or other public place so improved. When said report shall have been returned and filed and the said mayor and aldermen for said city shall appoint a time for holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the said clerk of said city in the
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official organ of Charlton County and said notice shall provide for inspection of such returns by any property owner or other party interested in such returns. The time fixed for said hearing shall not be less than five (5) nor more than fifteen (15) days from the date of the publication of the said notice. The said mayor and aldermen at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the same and to confirm the same either as made by said engineer or committee or as corrected by said mayor and aldermen. The said mayor and aldermen shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving, or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and interest thereon are hereby declared to be a lien against lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Section 507. Assessments; notice, payments, etc . After the adoption of the ordinance provided for in Section 502, of this Act, a written statement shall be furnished by the clerk of said City of Homeland, to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing her, his or its prorata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon the agent of such company or corporation residing within the limits of said city, or by leaving said
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notice at the most notorious place of abode of such persons or agents; and where such owner or agent is a non-resident of said city, it will be sufficient service of said notice if statement be mailed to said owner or agent known to said clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the clerk or by the marshal of said city. Section 508. Executions, sales . If any person or persons, company or corporation shall fail or refuse to pay to the clerk of said City of Homeland, his, her or its assessment, as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding section, said clerk will be authorized to issue executions bearing teste in the name of the mayor and aldermen of said city and specifying the improvements for which it is issued against the owner and also the property of such owner abutting on the sidewalks, street, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which executions shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales for city 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 right of redemption by the owner as is prescribed by the laws of Georgia, and said marshal shall have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Homeland shall have the right to purchase any lands so sold as prescribed by the laws of Georgia and Acts amendatory thereof.
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Section 509. Transfer of executions . The marshal of said city when so ordered by said mayor and aldermen shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said executions and priority of payment as might have been exercised or claimed by said city before said transfer, and the city shall allow the use of its machinery of government for the collections of said executions. Section 510. Ordinance as notice of lien . The passage of the ordinance for paving, repaving, or otherwise improving the streets, sidewalks, alleys, lanes, or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the Clerk of the Superior Court of Charlton County, Georgia under the general registration laws of this State. Section 511. Illegality . Any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the grounds that the same has issued (or its proceeding) illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten (10) days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and aldermen; otherwise the law relating to illegalities shall apply as in other cases. When the marshal shall receive said affidavit of illegality as herein provided for,
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he shall return the same to the Clerk of the Superior Court of Charlton County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the Supreme Court as in cases of illegalities originating from executions issued by the superior courts in this State. In the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatsoever, the mayor and aldermen may at any time in the manner provided for by the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Section 512. Municipal, county and State ownership of abutting land . Whenever the abutting landowners of any street, avenue, alley, lane or other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of the streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this Act for and on behalf of the State, and where the county is the owner the Commissioner of Roads and Revenues of Charlton County is authorized to sign the petition provided for in this Act for and in behalf of the county, and where the City of Homeland is the owner the mayor of said city is authorized to sign for and in behalf of said city. Section 513. Condemnation . The mayor and aldermen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for the widening, straightening and grading or in any way changing the street lines and sidewalks of the city and where the power and authority granted by this Section is exercised by the mayor and aldermen, it may be done, whether the land to be condemned is in the hands of the owner, trustee, administrator, guardian or agent, in the
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manner provided by the laws of Georgia. The mayor and aldermen shall have full power and authority to remove or cause to be removed as being a nuisance, any offensive matter from factories drifting in and over the corporate limits of the City of Homeland, and to enforce the provisions of this section by appropriate ordinances. Section 514. Street and sidewalk improvements . The City of Homeland, by and through its mayor and aldermen, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in said City of Homeland, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof, in said city, as hereinafter provided by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other forms of improvement as to them may seem proper, including the installation of manholes, catchbasins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Section 515. Water, gas, and sewer pipes . Said mayor and aldermen of said City of Homeland, shall have the power to enact all ordinances and to establish all such rules and regulations as may be necesary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expense for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessment to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Said mayor and aldermen shall have the power and authority to, by ordinance, require the public to connect to and use such public facilities. Section 516. Computation of assessments . The assessment against each owner of abutting property under the
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provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places, directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Section 517. Assessments of costs, streets, etc . Two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public places, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved, or reimproved, the other one-third of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, man-holes, catchbasins, drain pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total cost of such paving or the improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, that the cost of the paving or improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Section 518. Sidewalk improvements . Said City of Homeland by and through its mayor and aldermen, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment
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the public convenience and welfare may require such improvements, and said mayor and aldermen may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places. It shall not be necessary, unless the mayor and aldermen should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved and reimproved in said city, where the side sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved, or reimproved in connection with the paving, repaving, improving, reimproving of an abutting street, however, bids shall be received therefor and contract let as provided in this Act for paving of streets. Section 519. Assessments, sidewalks . Two-thirds of the total cost of grading, paving, repaving, or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved, or reimproved, and the other one-third of such cost shall be paid by the said city; provided, however, that when said sidewalks in said city shall be paved, repaved, improved, or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk, when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts.
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Section 520. Bond elections . The mayor and aldermen of the City of Homeland are authorized and empowered to call elections by the qualified voters of the said city in accordance with the provisions of the laws of Georgia, at such times as said mayor and aldermen may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay prorata part, as designated in this Act, or the expense of paving, repaving, improving, or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said mayor and aldermen are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes, authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Section 521. Installment payment of assessments . If said mayor and aldermen should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessment against the different tracts of land so assessed for the paving, repaving, or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts, may be paid in equal installments which is to include both principal and interest. Section 522. Installment payment of assessments . In the event that the mayor and aldermen provide in said assessment ordinances for the paving, repaving or otherwise improving of the streets, lanes, alleys, or public places in said city that said assessments against the property
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abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in equal installments to include both principal and interest, the first installment of said assessments together with interest to that date upon the whole, shall be due and payable on the first day of September, next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of passage of said assessment ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty (30) days, to the Treasurer of the City of Homeland. Section 523. Lien of installment assessments . In the event the said mayor and aldermen deem it fitting and proper and so provide, the assessment ordinance for street improvements that the assessment against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in Section 506 thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Section 524. Street improvement bonds . In the event that the mayor and aldermen provide in said assessment ordinance for the paving, repaving or otherwise improving of any street, lanes, alleys, or public places in said city that said assessments against the property abutting on said
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street, lanes, alleys, or other public places so improved or reimproved shall be paid in equal installments, the said mayor and aldermen are hereby authorized and empowerd to provide by resolution, after the expiration of thirty (30) days from the passage of the said assessments ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen (15) days after the passage of the ordinance levying the said assessments, and of such denominations as the said mayor and aldermen may determine, which bond or bonds shall in no event become a liability of the mayor and aldermen of the City of Homeland issuing the same. Such bonds shall bear interest at a rate not exceeding seven percent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets or part of streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefitted by said improvements under authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk, and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of prorata share of expense of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, insofar as said bonds will apply on such amount so due. Said bonds shall be registered by the clerk of the city in a book to be provided for that purpose, and certificates of registration by said clerk shall be endorsed upon each of said bonds. Section 525. Collections . In the event that the mayor and aldermen provide in said assessment ordinances for the paving, repaving or otherwise improvement of any
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streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in equal installments and bonds are issued in accordance therewith, as provided in Section 520 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Homeland, who shall give the proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereby, and for no other purpose. Section 526. Executions . It shall be the duty of the clerk of said city not less than thirty (30) days and not more than forty (40) days before the maturity of any installment of such assessment, to publish in one issue of the official gazette of Charlton County, a notice advertising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designation of the street, or streets, or other public places for the improvement of which such assessment have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest; and it shall be the duty of said treasurer promptly after the date of the maturity of such installments or assessments and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or persons owning the same, for the amount of such assessment with interest and shall turn over the same to the marshal or chief of police of the City of Homeland 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 the case of sales for city taxes the same shall be sold at public
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outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Section 527. Payment of city's share . Be it further enacted, that if the said City of Homeland has in its treasury a sufficient amount of money to pay for its prorata share of the paving, repaving, or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the mayor and aldermen may, by appropriate ordinance, direct that such money be expended for the purpose of paying the prorata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditure shall be treated and considered as a current expense of the operation of said city, and this may be done without the necessity of any election to decide such question. Section 528. Code provisions . Nothing herein contained shall be construed to prevent the mayor and aldermen of said city from proceeding under appropriate provisions of the general law of Georgia referring to Street Improvement and, if so, then the procedure outlined in the preceding section of this charter for the improving of streets shall be disregarded. PART VILAW ENFORCEMENT, PUNISHMENT AND PROCEDURE . Section 601. Mayor's court . There shall be established in the City of Homeland, created by this Act, a mayor's court, which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those thereinafter set forth: (a) Said court shall be held as often as necessary for the trial of offenders; and the mayor and city board of aldermen
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are authorized (but not required) to elect some competent citizen of said city as city recorder to preside over and hold said court, should they at any time deem such election of such official for the best interests of said city. Should such recorder be elected and thereafter be disqualified in any case or absent from the city, said mayor's court shall be presided over by some citizen designated by the mayor and city board of aldermen. If no recorder be elected by the mayor and city board of aldermen, said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said courts shall be presided over by the mayor pro tem.; and in the absence and disqualification of both the mayor and mayor pro tem., any councilman of said city may preside over and hold said court. The city clerk shall act as clerk of said court, and perform all such duties therein and in the enforcement of its sentences as he may be required by the ordinances of said city or the orders of the presiding officer of said court. (b) Upon the conviction of any defendant of violation of any law, or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $500.00 and to imprisonment in the city prison or the jail of Charlton County not exceeding ninety (90) days, and to work and labor in the city public works gang or on the streets or public works of said city whether within or without the corporate limits, not exceeding ninety (90) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be 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 as fully and in the same manner as city tax executions are enforced. (c) All cases made in said court shall be in the name of the City of Homeland; all warrants for city offenses shall
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be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summons, etc., shall be signed by the city clerk, deputy clerk, or chief of police, and shall bear teste in the name of the mayor or the presiding officer of said court. (d) The said mayor's court of the City of Homeland shall have jurisdiction within the corporate limits of the City of Homeland, as now or hereafter fixed by law to; 1) try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; 2) punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another, whose testimony is desired or material in any proceeding in said court, to go or move beyond the reach of the process of the court; 3) punish for any contempt of court. The presiding officer shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses against the laws of the State and within the limits of the corporation, which warrants may be executed by any officer or agent designated by the governing authority, and to commit the offenders to the jail of Charlton County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. The mayor and board of aldermen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary to secure the efficient and successful administration of the court. The right of certiorari from the decisions and judgments of the presiding officer shall exist in all cases, and such certiorari shall be obtained under the sanction of the Judge of the Superior Court of Charlton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
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Section 602. Hearings . The mayor or the mayor pro tem., when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, or other offenses, 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 appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor or mayor pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two (2) days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor or other officer shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Homeland. Section 603. Arrests . It shall be lawful for the marshal or the policemen of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Homeland, which violations take place in the presence of said marshal or policemen. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants within the corporate limits of the City of Homeland placed in their hands charging any person or persons with violating any of the laws and ordinances of the City of Homeland or the criminal laws of this State. The city marshal or any policemen may take cash bonds for the appearance of any person arrested by them, for appearances before the mayor's court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Section 604. Accusations, warrants, etc . Said mayor and aldermen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials
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for violations of the city ordinances and laws of this State, and the procedure in such trials. Section 605. Fees . The mayor and aldermen shall have the power and authority to establish a fee bill for the officers of said city, such fees when collected, to be paid into the city treasury. Section 606. Prisoners . The mayor and aldermen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. They may also contract with the proper authorities of Charlton County for the use of the common jail of said county for this purpose. Section 607. Appeal from mayor's court, certiorari . Any person convicted before the mayor, or the presiding officer of the mayor's court, may enter an appeal from the judgment of said court to the board of aldermen; provided, the appeal be entered within four (4) days after the judgment complained of is pronounced; and provided further, defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said aldermen shall as clearly as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; and shall be a de novo trial. They shall have the power, if they find the defendant guilty to decrease the fine imposed by the mayor or other officer and may increase it in their discretion. Any person convicted by the aldermen on the appeal shall have right to certiorari to the Superior Court of Charlton County, provided all costs are first paid and bond security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing, in this section shall prevent the defendant who desires to appeal his case as above provided, or to certiorari the same to the superior court, and provided further, the applicant failing to give bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to wait the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance
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of said city before the mayor's court, from certioraring the proceedings directly to the superior court. Section 608. Commitment, trials . The mayor or mayor pro tem., as the case may be, or other presiding officer, shall have the power in said mayor's court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail or to permit bail, if the offense is bailable by a justice of the peace under the laws of this State, to appear before the Superior Court of Charlton County. Section 609. Arrests, aid to private citizens . The mayor and aldermen of said city shall have the power to authorize by ordinance the marshal and policemen of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any laws of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Section 610. Escapes . Should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, either before or after trial he may be apprehended wherever he may be found, in this State, and the warrant of the mayor, mayor pro tem., or recorder of the said city shall be sufficient authority for his return and trial upon the charge resting against him; and all persons so escaping from the custody of said city, or its officer, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Section 611. Public work camps and work gangs . The mayor and aldermen of the said City of Homeland shall have power to organize one or more public works camps or work gangs, and confine therein persons who have been sentenced to work on the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Section 612. Sheriff as marshal . In all places in all sections of this Act, authorizing the marshal or policemen of
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said city to serve papers, levy executions, sell property or do any other act, such act or acts shall not fail for lack of absence of said officer, the Sheriff of Charlton County or any lawful deputy being expressly authorized to act in his or their place and stead. Said sheriff or deputy is hereby given concurrent jurisdiction, in all such matters, with the said marshal or police. PART VIIHEALTH, WATER AND SANITATION . Section 701. Board of health, nuisances . The mayor and aldermen of said city may by ordinance provide 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 the mayor and aldermen may provide. It shall be their duty to meet as often as necessary, or as the mayor and aldermen may prescribe, and to visit every portion of the city, and to report to the mayor and aldermen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and aldermen shall have power upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or the party owning such property upon which same may be located, as the mayor and aldermen may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Section 702. Health regulations . Said mayor and aldermen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violations of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house of any person or persons who have small pox or other contagious diseases when in their judgment it is best for the
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welfare and health of the inhabitants of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the city to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Section 703. Drainage of lots and cellars . Said mayor and aldermen shall have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets, or alleys upon which said lots or cellars are located; that if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and aldermen may elect, to comply with the requirements of said mayor and aldermen by draining or filling said lots or cellars, it shall be lawful for said mayor and aldermen to have this work performed and the amount expended in doing so collected by executions, and the sale under such executions shall pass the title to the property. Section 704. Nuisances . Said mayor and aldermen, may by ordinance, declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's court in said city shall have concurrent jurisdiction with the mayor and aldermen of said city in respect to the trial and abatement of all nuisances in said city. Section 705. Waterworks commission . There shall be a waterworks commission for the City of Homeland, in the County of Charlton, consisting of three (3) members of the city council, one of whom shall be chairman. Said commission shall have general supervision over the water and sewerage system and shall make recommendations to the council sitting as a committee as a hold pertaining to the operation of same. Powers . The powers of said commission shall be administrative only and final action on any contract or regulatory
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matter shall be taken by the mayor and aldermen of the City of Homeland. Said city is hereby empowered to enter into contracts necessary for the establishment, maintenance and operation of any utility system. The mayor and aldermen shall have power and authority to maintain, repair, and extend the system of waterworks, sewerage, electric light and gas plants, from time to time as funds become available for such improvements. They shall have power to erect and maintain public hydrants, fire plugs, poles, wires, water and gas mains, and electric lights within the city limits and elsewhere, as the mayor and aldermen may direct, for the purpose of supplying the city with lights, water for fire purposes as may be necesary, and for other purposes for which they deem proper. The mayor and aldermen shall regulate and provide for the private use of water, lights and gas, when the city owns any such plants, fix the time, price and place of payment for such services, and in default of payment for such services, they may shut them off and keep the same shut off until all arrears are fully paid. Should it become necessary to enforce payment for services already rendered, they may direct the city clerk to issue execution for the amount due for any services furnished, and the clerk is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. The mayor and aldermen are hereby charged with the duty of collecting for all services rendered by any of such plants, and are hereby required to keep the money so collected in a legally authorized bank named by the mayor and aldermen as a depository for such funds. Revenue-producing certificates . Should the mayor and aldermen deem it advisable to create additional debts for the erections, enlargement, or improvement of any of the systems under their control by virtue of this Act, they are hereby directed and authorized to determine the amount of needed funds, the anticipated revenue from the operation of the facilities. Should the amount of money needed be such that the revenue produced by the facilities would retire same as anticipated by the general and special laws of this State, the mayor and aldermen shall proceed to issue revenue-producing
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certificates as provided by law. Should the mayor and aldermen deem it advisable to secure the money on a bond issue, the mayor and aldermen should then proceed with an election for a bond issue as provided by law. The mayor and aldermen shall have authority to pass such ordinances and bylaws for the protection of operation, maintenance, expansion and addition to any such systems as they may deem proper. Section 706. Garbage collection, fees . The mayor and aldermen shall have full power and authority to provide a system of garbage collections for said city. The mayor and aldermen may in their discretion have said collections made by regular city employees or may contract for same to be done. To provide funds for said garbage collections the mayor and aldermen are hereby authorized to levy a schedule of garbage collection fees on residences, apartments and business establishments; provided that no residence or apartment shall be charged more than one dollar ($1.00) per month per family and no business house shall be charged more than two dollars ($2.00) per month. The mayor and aldermen are hereby authorized to allow discounts on said assessments when paid annually in advance. Said garbage fees may be collected by levy and sale as other executions. Section 707. Regulation of garbage collection . The mayor and aldermen may by proper ordinance provide such rules as they may deem necessary and proper, for the orderly and economical collection of garbage in the City of Homeland; they may define routes and designate days that said routes shall be worked; they may provide that each householder or business shall provide suitable container, i. e., garbage cans, bags, boxes, etc., and that all garbage to be collected shall be placed at convenient places on the day such collection shall be made on the route affected; and any other rules that in their discretion will expedite said collections. Nothing herein contained shall be construed as allowing waste products from any mill, show, packing house or other processing plant to be termed garbage so as to be gathered and disposed of at the city's expense, but such mills, shops, packing houses, etc., shall gather, move and
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dispose of their own waste, or may contract with the city therefor. Section 708. Sewers and drainage . The mayor and aldermen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such systems in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and aldermen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies, and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence or that may be thereafter allowed. When any system of sewerage or drainage shall be constructed by the said mayor and aldermen, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and aldermen by appropriate ordinances. Section 709. Rights-of-way . In case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right-of-way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets, under this charter. Upon the payment or
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tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Section 710. Ordinances for sewerage, drainage, sanitation . Said mayor and aldermen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage, and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Section 711. Sewerage extension beyond limits . For the purpose of preservation of the health of the inhabitants of said city, the mayor and aldermen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Section 712. Assessments for sanitation purposes . Said mayor and aldermen shall have full power and authority to make assessments on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars ($2.00) per annum on each lot so assessed, and said mayor and aldermen are hereby empowered to collect the same by execution against the lots so assessed and the owner thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and aldermen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residential lot shall be less than twenty-five (25[UNK]) feet front; and no business lot shall be less than twenty (20[UNK]) feet front; and provided further, the assessments shall not be made on vacant lots nor residential lots subdivided. Section 713. Jurisdiction of city extended for police and sanitation . Jurisdiction of the mayor and aldermen and the territorial limits of the City of Homeland are hereby extended
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for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person or persons, violating said ordinances, wherever found, with or without the limits of said city. The mayor and aldermen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage, also, over the territory which may be hereafter acquired for city cemetery purposes, and for a distance of two hundred yards in any direction from the boundary thereof, and shall have power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Section 714. Condemnation of water rights, etc . The mayor and aldermen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and waterworks system or sewerage system or any of them, provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of the laws of Georgia in such cases made and provided. Section 715. Water closets, urinals, etc . Said mayor and aldermen shall have full and absolute control of all city pipes, sewers, private drains, water closets and the like in said city, with full power to prescribe their locations, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation
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of the health and comfort of the inhabitants of said city. The said mayor and aldermen shall have full power and authority to prescribe the kinds of water closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and aldermen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water closets and urinals on the premises of property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers and under such regulations and rules as may be prescribed by the mayor and aldermen, and if said property owners fail to connect any water closets or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and aldermen, the mayor and aldermen may make such connections and assess the cost of said connections and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and aldermen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if owner should fail to remove same after having been given reasonable notice so to do, the mayor and aldermen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the clerk of said city is authorized to issue an execution for the expense of such removal, against such owner. Said mayor and aldermen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or well being of the inhabitants of said city. PART VIIIGENERAL PROVISIONS . Section 801. Existing ordinances . All ordinances heretofore adopted by the mayor and aldermen of the Town of Homeland, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not
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in conflict with the Constitution of the State of Georgia or the Constitution of the United States, shall remain in full force and effect, provided, that said mayor and aldermen of said City of Homeland may at any time repeal, alter or amend any of said ordinances. Section 802. Consolidation of prior Acts . All Acts of the General Assembly of Georgia heretofore passed and all decrees of any Superior Court of this State incorporating the Town of Homeland, and all amendements thereto and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed, except as are expressly preserved in this Act. Section 803. Code provisions . All matters not provided for in this charter shall be governed by the provisions prescribed by the laws of Georgia in such cases made and provided. Section 804. Condemnation . The mayor and aldermen of said City of Homeland shall have full power and authority to condemn private property, except the property or business of a regulated electric utility furnishing service within or outside said city, for any public purpose, such as establishing public streets, sidewalks, parks, playgrounds and hospitals; for right-of-way for any electric light, water supply, gas or sewer line, or sewerage disposal plant, for sites and the building or enlarging of any public building, reservoir or structure necessary for the operation and conduct of the fire department, water plant, electric light and power lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whnever same is necessary in their opinion. Whenever the mayor and aldermen 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 or executors, administrator or administrators, guardian or agent; and all proceedings
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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 and prescribed by the laws of Georgia in such cases made and provided. Section 805. City code . The mayor and aldermen of said city shall cause to be codified all ordinances of said City of Homeland together with this Act into one book to be known as The Code of the City of Homeland, which book shall be constructed in a similar manner to the deed record books now being used by the Clerk of the Superior Court of Charlton County, Georgia, for recording deeds. Said mayor and aldermen shall as soon as possible, pass and adopt such code, as the code of the City of Homeland; and said code shall be admitted in evidence in any of the courts of this State upon the certificate of the clerk of said City of Homeland, certifying the same to be the code of ordinances and laws of said city. Section 806. General welfare powers . The mayor and aldermen of the City of Homeland shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace, good order, health, prosperity, comfort, and security of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and aldermen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and aldermen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State.
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Section 807. Zoning . The mayor and aldermen may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the corporation for the purpose of regulating the location of trades, amusements, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of buildings, fences, or other structures or the area or dimensions of lots or of yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures in relation to streets or in relation to one another. Section 808. Building permits . Said mayor and aldermen shall have power and authority to require any person, firm or corporation to obtain from said mayor and aldermen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said mayor and aldermen shall have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said city unless such building permit is first obtained prior to the erection of such buildings, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Section 809. Parks . Said mayor and aldermen of the City of Homeland, shall have power and authority to acquire, on behalf of the City of Homeland, Georgia, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city for said purpose.
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Section 810. Fire department . It shall be the duty of the mayor and aldermen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteers, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Section 811. Fire protection . Said mayor and aldermen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City and to enlarge, change or modify its limits from time to time, to prescribe when, how and to what building materials such buildings may be erected; how thick the walls must be; the manner in which all electrical appliances are installed and removed and require the owner or occupant of the premises to pay the expenses of same, which may be collected by executions; said city shall have full authority to adopt building, plumbing, electrical and other codes pertaining to the specifications of construction in order to prevent fire; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and aldermen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said mayor and aldermen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Section 812. Vehicles . Said mayor and aldermen shall have the power to control and regulate the running and operating of all automobiles, trucks, and all vehicles for the transportation of persons and freight, also trains whether the train be an accommodation train, local freight train, mixed train, passenger train, regular passenger train; to regulate the speed of such vehicle in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from steam whistles, bells or other contrivances, that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances
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for purposes and penalties and enforce the same for violation thereof. Section 813. Animals . The mayor and aldermen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impoundings fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animals under such rules and regulations as may be prescribed by the mayor and aldermen. Section 814. Trees . The mayor and aldermen of the City of Homeland, shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and aldermen, or some officer appointed to direct the same. Said mayor and aldermen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and aldermen impedes or hinders travel and traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to move said tree therefrom, the same may be removed by the mayor and aldermen at the expense of such property owner, and for such expenses of removal, execution may issue against such property owner. Section 815. Churches and cemeteries . Said mayor and aldermen shall have power to protect all places of divine
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worship and cemeteries in said city, to provide for the burial of the dead, either within or without the city limits, to regulate interments therein and to expend annually a sufficient sum for keeping cemeteries in property order. Section 816. Public school system . The mayor and aldermen of the City of Homeland shall have the right and power to establish and or maintain in said City of Homeland a system of public schools; to regulate, supervise, and maintain said public school systems; and to contract in any lawful way deemed advisable by said mayor or aldermen for the operation, maintenance and improvement of such public school system, all in accordance with and under the general provisions of the laws of the State of Georgia in such cases made and provided. Section 817. Charity solicitation . Soliciting charity or relief campaigns within said city shall be subject to regulation by ordinance by the mayor and aldermen of Homeland. Section 818. Alcoholic liquors . The marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and aldermen may have reasonable cause to believe, or may suspect to be a blind tiger, or other unlicensed place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and aldermen may have full power and authority to abate as a nuisance any place in city when said mayor and aldermen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said mayor and aldermen shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance.
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Section 819. Malt beverages . The sale and distribution of malt beverages is hereby prohibited in the City of Homeland, except as otherwise authorized by law. However, in the event the sale and distribution of malt beverages is either authorized by State law or directed by order of a court of competent jurisdiction, then, in such event, the mayor and board of aldermen is hereby vested with complete control and power of issuing privileges to sell malt beverages and full and complete power to revoke the privilege to any person authorized to sell malt beverages. Section 820. Immoral conduct . Said mayor and aldermen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Section 821. Houses of ill fame, etc . The mayor and aldermen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall upon conviction before the mayor, be punished as for a violation of the ordinances of the city. Section 822. Idleness and loitering . The mayor and aldermen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Section 823. Gunpowder, oil, etc . The mayor and aldermen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, resin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, gasoline, dynamite, or other combustible or explosive material or substances within the limits of said city; and to regulate the use of lights or the building
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of bonfires; to regulate or prevent the sale and use of guns, pistols, anvils and every other kind of gaming or hunting device within the corporate limits of said city. Section 824. Franchises, easements . The mayor and aldermen of said city shall have the power to grant franchises, easements and right-of-way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. No franchise granted by said city to any company or exercised under its authority shall ever be assigned, transferred, sold or consolidated with any other company, except in connection with the issuance or enforcement of rights under the bonds, stocks, mortgages, loans and other financing of the grantee, without the written consent of the mayor and board of aldermen of the City of Homeland. Section 825. Sale of city property . The mayor and aldermen of said city shall have the power and authority to sell any property belonging to said city which is not necessary or useless for city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the mayor and aldermen either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four (4) weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the city hall of the City of Homeland and during the hours of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by a sheriff. Section 826. Repealing clause . Sections separately enacted. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
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Each section and provision of the foregoing Act of incorporation has been, and is hereby, separately enacted; and should any word, phrase or provision of this Act be declared by the Supreme Court of Georgia, or any other court having competent jurisdiction, to be in violation of any section or paragraph of the Constitution of Georgia or of the United States, said word, phrase or provision alone shall become invalid, and the remainder of this Act shall remain of full force and effect. In the event the General Assembly shall have granted herein to the City of Homeland any powers or authority in excess of any such permitted by the Constitution and laws of Georgia, or the United States, then such powers or authority given shall be construed to extend just so far as possible an not to exceed the said authority of the General Assembly. Section 827. Effective date of charter . Not less than 30 days, nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of Homeland to issue the call for an election for the purpose of submitting this Act to the voters of the City of Homeland for approval or rejection. The mayor and council shall set the date of such election for a day not less than 30, nor more than 45 days after the date of the issuance of the call. The mayor and council shall cause the date and purpose of the election to be published once a week for four (4) weeks immediately preceding the date thereof in the official organ of the County of Charlton. The ballot shall have written or printed thereon the words: () For approval of the Act providing a new charter for the City of Homeland. Referendum. () Against approval of the Act providing a new charter for the City of Homeland. 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
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of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the date provided hereinafter. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Homeland. It shall be the duty of the mayor and aldermen to hold and conduct such election, or to provide that the person or persons normally holding city elections hold and conduct such election. All qualified persons registered to vote in the City of Homeland in the year 1967, in addition to all qualified persons who register in the year 1968 up until 30 days before the date of the referendum, shall be qualified to vote for or against the approval of this Act. The election shall be held under the same laws and rules and regulations as govern other city elections. It shall be the duty of the mayor and aldermen or other authority holding and conducting such election to canvass the returns and declare and certify the result of the election. It shall be the further duty of the mayor and aldermen or other authority to certify the result of such election to the Secretary of State. In the event this Act is approved in the referendum election provided for herein, this Act shall become of full force and effect on the tenth day following the date of said election. Section 828. Notice of intention to apply for legislation . Notice of intention to introduce local legislation and the affidavit pertaining to same as required by law is incorporated herein and made a part hereof. Georgia, Charlton County. To The Citizens of Homeland and Charlton County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January 1968 Session of the General Assembly of Georgia, a bill entitled as follows: An Act to create a new charter for the Town of Homeland, in the County of Charlton and to reincorporate said
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town as a city, and define its territorial limits; to continue in operation, confirm, and consolidate all Laws of force and on record pertaining to said town; to provide for all ordinances, rules, regulations and resolutions of said town, now in force and not in conflict with this Act, to be preserved, continue of force, and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for notice by candidates for office, the manner of their election and removal from office; to provide for the retention in office of the present officers of said town until the elections provided for in this charter are held; to provide for the qualifications of all electors and voters therein; to provide for the permanent registration of the qualified voters thereof, and for the registration books of said city and when same shall be open; to provide for the Mayor's Court and the trial and punishment therein of all offenders against the laws of said city, and other offenses, and the manner of appeal therefrom; to provide for the enacting of all necessary ordinances, rules and regulations, to provide penalties for the violation of same; and for other purposes; to provide for a mayor and board of aldermen and to define their powers and duties; to provide for the punishment of violators of the ordinances of said city, and other offenses; to define the special powers and duties of the mayor; to provide for the election of a mayor and board of aldermen, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all city elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decisions of the city clerk refusing to allow any person to register; to provide for a notice to persons whose name is stricken from the voters' list and for a hearing on same; to provide for a city clerk and treasurer, a town marshal, attorney and other officers, their oaths, bonds and for their compensation and their removal from
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office; to provide for the taking of appearance bonds and for the forfeiture of the same to provide for appeals and certiorari from the mayor's court and from the decision of the mayor and aldermen in criminal cases; to require tax returns to be made by the citizens of said city; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decisions of the board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the city; and to define its limits; to empower said city to widen its streets; to provide for the removal of obstructions from streets; to empower said city to require railroad companies to make and repair crossings in said city; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades and businesses, callings, and professions; to provide for the registration of trades and busineses, and to authorize said city to require any person engaging in any trade, profession or business, to purchase a license to do so; to provide for the revocation of such licenses; to provide for the licensing, control and regulation of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals, and for power to impound the same; to provide for the opening of new streets, and the right to condemn property for such purposes, to provide for the improvement of streets in said city; to provide for the cost of such improvements, and for the assessment against abutting property therefor; to provide for the cost of curbing, drains, and manholes; to compel the connection of water and gas lines; to provide for the prorating of assessments; to provide for the improvement of streets and sidewalks; to provide for contracts for street improvements, and for the bonds of contractors; to provide for the appraisal of cost of street improvements, and provide for a lien for street and sidewalk improvements; to provide for the issuance of executions for street and sidewalk improvements, and the levy and sale of abutting property thereunder;
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and for the transferring of such execution; to provide for affidavits of illegality to street and sidewalk executions and the trial of such; to provide for street improvements abutting State property, and political subdivisions thereof; to provide for bond elections for street improvements and for a tax to pay such improvement bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the City of Homeland and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system, for the extension of such systems, and for the assessments, for the taking of property for sewerage system; for the extension of such system, and for the making of sanitary lots; to authorize the city to maintain and operate a system of waterworks; and other public utilities; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for general policing and all police law; to provide for all matters and things necessary or proper or incident to a municipal corporation, and inhabitants and well being thereof; to provide for the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said city; to provide for the collection of sanitary taxes; to provide for a board of health and define the powers and duties of such board; to provide for the regulation and prevention of sale of intoxicating liquors, except malt beverages; to provide for fire districts in said city and for fire regulations therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a city cemetery and its regulation; to provide for the powers of said city to grant encroachments on public streets; to provide for a city prison; to provide for executions in favor of said city, and for the advertisement and sale of property thereunder; to provide for tax sales, deeds, and executions; to provide for the form of accusations and affidavits; to provide for city parks, and for the regulation of trees in said city; to empower said city to require all male
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citizens between the ages of eighteen and fifty to work on the streets of the city or to pay a commutation street tax in lieu thereof, and to provide for exemption therefrom and for punishment for those failing to work street or to pay commutation tax; to provide for the regulation of vehicles, and their speed in said city; to provide for prevention of idleness and loitering; to provide for a city fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said city; to require building permits before any building or structure can be erected in said city; to provide for the zoning of property in said city for all purposes; to provide for the condemnation of private property, within and without the city, for public purposes; to provide for the issuance of bonds, for bond elections; and for the levy and collection of a tax to pay said bonds; to provide for the sales of property by the mayor and aldermen; to provide for the recall of elected officers; to provide that receipts and disbursements be published in the official gazette of County of Charlton; to provide for the sale, control, and regulations of malt beverages; to provide for the repeal of all Acts in conflict with this Act, to provide that if any part of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining parts or portions; and for other purposes. Legislation to create a new charter for the Town of Homeland and re-incorporate same as the City of Homeland, all as revealed by the above title to the bill, will be introduced at the request of the Mayor and aldermen of the present Town of Homeland. This 11th day of December, 1967. Robert W. Harrison, Jr. State Representative 98 Legislative District Robert Eugene Dinkins Mayor Thomas Pearson Councilman
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Fred M. Robinson Councilman James C. Todd Councilman Lott W. Turner Councilman Julian L. Crews Recorder Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 98th District, 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 Charlton County, on the following dates: December 14, 21 and 28, 1967. /s/ Robert W. Harrison, Jr. Representative, 98th District Sworn to and subscribed before me, this 10th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 8, 1968.
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CITY OF VARNELLINCORPORATED, REFERENDUM. No. 1006 (House Bill No. 1268). An Act to incorporate the City of Varnell, Georgia, in the County of Whitfield; to provide a charter for said city; to provide for definitions; to provide for city limits; to provide for corporate powers; to provide for the registration of electors; to provide for election of the mayor and councilmen; to provide for certain restrictions on candidates and their supporters; to provide for penalties; to provide that the mayor and five councilmen shall compose the city council; to provide that all corporate legislative and other powers of the city, except as otherwise provided by this Act, shall be vested in the city council; to provide for the compensation and expenses of the mayor and councilmen; to provide that the mayor shall preside at meetings of the council and shall have certain other powers and duties; to provide for the election of a vice mayor by the council from its membership; to provide for the filling of vacancies in the office of mayor and councilmen; to provide for certain restrictions on councilmen; to provide that the office of councilman shall be declared vacant under certain circumstances; to provide for a city clerk; to provide for city legislation and the procedures connected therewith; to provide for rules and regulations; to provide for the organization of the city government; to provide for the administrative duties of the mayor; to provide for a city attorney; to provide for a city court; to provide for the powers and jurisdiction of said court; to provide for certain officers and employees; to provide for official bonds; to provide that certain political activity shall be prohibited; to provide for penalties; to provide for the fiscal administration of said city and the procedures connected therewith; to provide that the city shall not be authorized to levy a property tax; to provide for special assessments; to provide for disbursements by checks; to provide for an official depository; to provide for restrictions on actions for damages against the city; to provide that the council may
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use the provisions of general laws; to provide for penalties; to provide for the first election for mayor and councilmen and their initial terms of office; to provide the procedures connected with the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I . CHARTER, DEFINITIONS, CITY LIMITS AND CORPORATE POWERS Section 1.01. Charter . This Act is a charter and shall constitute the whole charter of the City of Varnell, Georgia. The City of Varnell, Georgia, in the County of Whitfield, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of the City of Varnell, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions . As used in this Act the following words and terms shall have the following meanings: (a) City shall mean the City of Varnell, Georgia. (b) Councilman shall mean a person elected to the city council as provided in this Act. Member of the council shall mean the mayor and each councilman. (c) Non-partisan shall mean without any designation of candidates and members or candidates of any state or national political party or organization. (d) At large shall mean the entire city, as distinguished from representation by wards or other districts. (e) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads,
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highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels, and other thoroughfares, and including the right-of-ways of such public ways. (f) Code shall mean any publication or compilation of rules, regulations, specifications, standards, limitations, or requirements by any agency of the Federal or State government, or by a municipality, or by a trade association or other organization generally recognized as an authority in its field of activity. (g) Agency shall mean any office, court, utility, board, commission, institution, or other organization in charge of or administering any public function or municipal affair of the city. (h) Officer shall mean and include the mayor, councilmen, city judge, member of boards and commissions, and any other persons classified as public officers by the laws or judicial decisions of this State. An officer as herein defined shall fill an office, and an employee shall fill a position of employment. (i) Elector shall mean a person residing within the city who is qualified to vote therein. (j) The masculine shall include the feminine, and the singular shall include the plural and vice versa. (k) The word shall is mandatory; may is permissive. Section 1.03. City Limits . The boundaries of the city shall be as follows: Being in land lots 208 and 225, 11th district and 3rd section Whitfield County, Georgia. Beginning at the south east corner of land lot 208, 11th district 3rd section; thence north along east line of said land lot to the north east corner of land lot 208; thence west along north line of said land lot to the west side of Southern Railway; thence south along west side of Railroad to an unnamed street; thence west along north side of unnamed street to Cedar Street; thence north along east side of
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Cedar Street to a bridge; thence west along a branch 400 feet, more or less to Kinnamon property; thence south along Kinnamon property to Varnell Baptist Church property; thence west along north line of church property and Kinnamon property to the northwest corner of James A. Wilson property; thence south along Wilson property to north side of Georgia Highway #2; thence west along north side of Highway #2 to west line of land lot 208; thence south to southwest corner of land lot 208; thence east with south line of land lot 208, 330 feet, more or less, to a branch; thence southeasterly into land lot 225 along branch to west side of Georgia State Route 201; thence south along west side of 201 to Nix Road; thence west along north side of Nix Road to west line of land lot 225; thence south along west line of land lot 225 to southwest corner of Charles Massingill property; thence east along south line of Massingill and Hacknew property to Troy Caylor property; thence north along Caylor property 225 feet, more or less, to an intersection; thence east to east side of Southern Railway; thence north along east side of Southern Railway to Varnell Cemetery; thence easterly along south side of Cemetery Road to east line of land lot 225; thence north to northeast corner of land lot 225 and southeast corner of land lot 208 and point of beginning. Section 1.04. Corporate Powers . The corporate powers of the city, to be exercised by the city council, shall include the following: (a) To levy and to provide for the collection of license taxes on privileges, occupations, trades, and professions. A collection fee of one ($1.00) dollar may be added to each such license tax. (b) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose or matter of national or State interest. (c) To acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside or outside the city.
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(d) To condemn property, inside or outside the city, for present or future use, under sections 36-202 of the Code of Georgia, 1933, or under other applicable public Acts. Provided, however, nothing contained herein shall be construed to confer upon the City of Varnell, Georgia, the power to condemn property already dedicated to a public use. (e) To acquire, operate and dispose of public utilities, subject to the provisions of applicable general laws. (f) To grant franchises or make contracts for public utilities and public services, not to exceed a period of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor. (g) To regulate the rates and services of public utilities insofar as not in conflict with such regulation by the Public Service Commission of Georgia or other similar State or Federal agency having jurisdiction in such matters. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements, inside or outside the city, and to regulate the use thereof, and for such purposes property may be taken under sections 36-202 of the Code of Georgia or other applicable public Acts. (i) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots of lands. A real estate owner shall be liable for any injury or damage sustained by reason of a defective sidewalk adjoining his lot or land and the city shall not be liable for any such injury or damage, if a city officer or employee, authorized to do so by the city council, at least ten days prior to occurrence of the injury or damage served him with
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personal notice or sent a notice by ordinary mail to the owner of record that the sidewalk should be repaired and placed in a safe condition. (j) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (k) 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. (l) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (m) 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. (n) To regulate and license weights and measures. (o) To provide that persons given jail sentences in the city court shall work out such sentences on the streets or any public works of the city or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county workhouse or jail by agreement with the appropriate county officers. (p) To regulate and license or prohibit the keeping or running at large of animals and fowls and to provide for the impoundment of same in violation of any ordinance or lawful order and for their disposition, by sale, gift, or humane killing, when not redeemed as provided by ordinance.
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(q) 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 of such vehicles in amounts prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles. (r) To levy and provide for the collection of special assessments for public improvements. (s) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor. (t) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted in 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. ARTICLE II . REGISTRATION OF ELECTORS, CITY COUNCIL, ELECTIONS Section 2.01. Registration of Electors . Any qualified and registered elector of Whitfield County who has resided within the corporate limits of the City of Varnell at least six months immediately preceding any city election shall be deemed to be a qualified and registered elector of the City of Varnell for any such election. The mayor and council are hereby authorized to provide by ordinance for the registration of electors and the procedures and requirements relating thereto, including the minimum time preceding
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a city election that an elector must be registered in order to qualify to vote at said city election. Section 2.02. Election of Mayor and Councilmen . Any qualified elector of the City of Varnell who is at least 21 years of age may be qualified as a candidate for mayor or councilman by submitting to the city clerk a notice of his candidacy at least fifteen days prior to the date of any city election. All city elections shall be non-partisan and shall be conducted by the city election managers at the same hours and places for holding general elections and in accordance with the election laws of this State except as otherwise provided herein. All elections shall be by the qualified electors of the city at large, and all candidates for mayor and councilmen may reside anywhere within the corporate limits of the City of Varnell. Successors to the first mayor and councilmen, who shall be elected in accordance with the provisions of Section 5.04, shall be elected as follows: Successors to the two councilmen whose terms of office expire on December 31, 1969, shall be elected on the first Wednesday in December, 1969, to take office on the first Monday in January, 1970, for terms of three years and until their successors are elected and qualified; successors to the two councilmen whose terms of office expire on December 31, 1970, shall be elected on the first Wednesday in December, 1970, to take office on the first Monday in January, 1971, for terms of three years and until their successors are elected and qualified; successors to the mayor and councilman whose terms of office expire on December 31, 1971, shall be elected on the first Wednesday in December, 1971, to take office on the first Monday in January, 1972, for terms of three years and until their successors are elected and qualified. Thereafter, the mayor and councilman, or the two councilmen, as the case may be, shall be elected on the first Wednesday in December immediately preceding the expiration of their terms and shall take office on the first Monday in January immediately following their election for terms of three years and until their successors are elected and qualified. At all said elections, the candidate for mayor and the candidate for councilman, or the two candidates for councilman, as the case may be, who receive the highest number of votes cast at said elections
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shall be elected. No informality shall invalidate such an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the election laws of this State. Section 2.03. Restrictions on Candidates and Their Supporters . If a candidate or any person in his behalf directly or indirectly gives or promised to any person or persons any office, employment, money, benefit, or anything of value in connection with his candidacy, upon conviction thereof he shall be punished by a fine of not more than one hundred ($100.00) dollars, or by imprisonment not to exceed one year, or by both such fine and imprisonment, and shall thereafter be ineligible to hold any office or position of employment in the city government for a period of five years. Section 2.04. City Council . The mayor and five 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. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The council shall meet in special session on written call of the mayor or any two councilmen and served on the other members personally or left at their residences at least twelve hours in advance of the meeting, but such notice of a special meeting shall not be required if 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 panalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, order the production of books and papers, and have the same powers as a circuit court to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council.
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Section 2.05. Compensation; Expenses . The council may determine by ordinance the annual salary of the mayor and councilmen, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of the mayor and councilmen following the next regular election, provided that such regular election follows the adoption of such ordinance by at least six months. The mayor and councilmen shall receive their actual and necessary expenses incurred in the performance of their official duties. Section 2.06. Mayor as Presiding Officer . 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 2.07. Vice-Mayor . 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 two years. In the event that no decision is reached at such first regular meeting, the council shall, within five ballots to be taken within ten days following such meeting, elect the vice-mayor, otherwise the councilman who received the highest number of votes when he was last elected shall become vice-mayor. The vice-mayor shall perform the duties of the mayor during his absence or inability to act, and shall fill out any unexpired term in the office of mayor, in which case a new vice-mayor shall be elected by majority vote of the council. Section 2.08. Vacancy in Office of Mayor or Councilman . A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, accepts any Federal, State, county, or other municipal office or position of employment except as a notary public or member of the
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National Guard or other reserve component of the U. S. Armed Forces, or is convicted of malfeasance or misfeasance in office, a felony, or a violation of this Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor, or vice-mayor in case of 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 so appointed holding office, and if a vacancy occurs with two members so appointed on the council, a special election shall be held by the city election managers on the third Wednesday 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. Candidates in such a special election shall be qualified as provided in section 2.02 of this Act. Section 2.09. Restrictions on Councilmen . The council shall act in all matters as a body, and no member shall seek individually to influence the official acts of the mayor or any other officer or employee of the city, or to direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of duties by the mayor or any other officer or employee. The council shall deal with the various agencies, officers and employees of the city, except boards or commissions authorized by this Act, solely through the mayor, and shall not give orders to any subordinates of the mayor, either publicly or privately. Nothing herein contained shall prevent the council from conducting such inquiries into the operation of the city government and the conduct of the city's affairs as it may deem necessary. The office of any councilman violating any provision of this section shall immediately become vacant upon his conviction in a court of competent jurisdiction. Section 2.10. City Clerk . The mayor shall appoint a city clerk, who shall be responsible for keeping and preserving
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the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. Section 2.11. Official City Newspaper . The council by resolution shall designate a newspaper of general circulation in the city as the official city newspaper. Section 2.12. City Legislation . Any action of the council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this Act, shall be done only by ordinance. Each motion, resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any motion, resolution or ordinance, including two readings in the case of an ordinance. Each ordinance, before being adopted, shall be read at two meetings not less than one week apart, and shall take effect ten days after its adoption, except that, where an emergency exists and the public safety and welfare require it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by at least four members of the council on two readings on successive days. No ordinance relating to a franchise, exclusive contract, or other special privilege shall be passed as an emergency ordinance. Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete section, sections, sub-sections in their amended form. A code may be adopted by an ordinance which contains only a reference to its title, date and issuing organization, and the city clerk shall file a copy of the code in his office. The city shall furnish a copy of any such code to any person for a reasonable fee. After adoption of a code or ordinances, the city clerk shall number ordinances consecutively in the order of their final adoption and shall copy
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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. An abstract of the essential provisions of each ordinance shall be published once in the official city newspaper within ten days after its adoption, except that only the title shall be so published of a code adopted by reference as provided in this Section. Section 2.13. Codification of Ordinances . Within three years after this Act becomes effective there shall be prepared, under the direction of the mayor and with the advice of the city attorney, a codification of all ordinances and resolutions having a regulatory effect or of general application which are to be continued in force. Existing ordinances and resolutions may be revised, amended, and consolidated in making the codification, which shall then be adopted as a single ordinance to be known and cited as the Official Code of the City of Varnell, Georgia; and thereupon all ordinances and resolutions in conflict therewith shall be repealed. The ordinance containing the code need not be published in a newspaper, either in full or in part or in abstracted form, but a notice of its adoption shall be published once in the official city newspaper. The code shall be reproduced in looseleaf form and shall be made available to any person desiring a copy, for which a reasonable fee may be charged. An additional annual fee may be charged for furnishing revisions currently. After adoption of the code, each ordinance shall be adopted as a numbered section or sections of the code, as amending existing sections or adding new sections. Such new ordinances shall be reproduced to replace existing pages (with instructions to destroy existing pages) or to be added to the code, and shall be distributed to city officials and employees having copies of the code and to other persons who have paid the annual fee for current revisions. Notes shall be inserted at the end of amended or new sections, referring to the dates and numbers of ordinances making the amendments or adding the new sections, and such references shall be cumulative if a
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section is amended more than once in order that the current copy of the code will contain references to all ordinances passed since the adoption of the original code. Section 2.14. Rules and Regulations . The council may by ordinance authorize officers and agencies of the city to promulgate formal rules and regulations within their respective jurisdictions, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy in his office. Such rules and regulations shall be included as a separate section of the official code and shall be reproduced and distributed in looseleaf form as required by section 2.13. Amendments of such rules and regulations shall be accomplished only by setting forth complete sections or sub-sections in their amended form. ARTICLE III . ORGANIZATION AND PERSONNEL Section 3.01. Organization . The city government shall be organized into a Department of General Government, Department of Parks and Recreation, Police Department, Fire Department and Department of Public Works, unless and until otherwise provided by ordinance, but no such ordinance shall be adopted until after the council has received and considered the written recommendations of the mayor. The council by such ordinances may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, may provide that the same person shall fill any number of offices and positions of employment, and may transfer or change the functions and duties of officers, positions of employment, departments, and agencies of the city, subject to the following exceptions: (a) the number of members and authority of the council, as provided in this Act, shall not be changed, (b) all officers and employees of the city, except as otherwise specifically provided in this Act, shall be appointed and removed by and shall be under the direction and control of the mayor, (c) the office of mayor shall not be abolished,
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nor shall his powers, as provided in this Act be reduced, (d) the city judge shall not hold any other city office or position of employment, and (e) no person shall hold at the same time the office of councilman and any other government office or position, whether such other office or position be in the Federal, State, county or city government, but this prohibition shall not apply to the office of notary public or an appointment in the National Guard or other reserve component of the U. S. Armed Forces. Section 3.02. Administrative Duties of Mayor . 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 shall have authority to appoint, promote, demote, transfer, suspend and remove all officers and employees and to direct and control their work, except as otherwise provided in the Act. He shall submit to the council annual budgets, reports, and such other information as he may deem necessary or the council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditure shall be made without his approval. If no other employee is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. Section 3.03. City Attorney . The mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part, shall be the prosecuting officer in the city 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, motions, prescribed by the council or mayor.
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Section 3.04. City Court . A city court, presided over by a city judge on a full or part time basis, as may be prescribed by ordinance, is hereby established, which shall have jurisdiction over violations of this Act and ordinances of the city. The city court shall also have concurrent jurisdiction with that of a justice of the peace over offenses against the criminal laws of the State committed within the city. The city judge shall have authority to impose fines, costs, forfeitures, and imprisonment in a jail or workhouse, as provided in this Act and by ordinance, and except as provided in this Act, his authority and powers and the procedure in the city court shall be the same as provided by State law for a justice of the peace. Appeals from the city court shall be to the superior court of Whitfield County. Warrants, subpoenas and other processes of the city court shall be executed by police officers of the city, who for such purposes shall have the same powers and authority of a sheriff in executing process of a superior court. The city attorney, or assistant city attorney, shall be the prosecuting officer of the court. Section 3.05. City Judge and City Court Clerk . The council shall appoint and fix the salary of the city judge for terms of two years, and such salary shall not be changed during a term of office. The council may impeach and remove the city judge for neglect or refusal to enforce the laws of the State and ordinances of the city, or for other misconduct in the office or neglect of duty, but any person so removed may appeal to the superior court of Whitfield County and thence to the Supreme Court of the State. The council shall fill a vacancy in this office by appointment for the unexpired term. The city judge shall excuse himself from a case in which (a) he is interested, (b) he is related to the defendant by blood or marriage within the third degree, or, (c) for any reason he believes that he will be prejudiced, and such a case, as well as cases during the absence or disability of the city judge, shall be heard and decided by an acting city judge appointed by the mayor. The mayor may remove the acting city judge at any time without cause. The compensation of an acting city judge shall be fixed by ordinance. The council may authorize a city court clerk and other personnel, to assist and to be appointed and
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removed by the city judge, to perform such duties as may be prescribed by ordinance or by the city judge. Section 3.06. Other Officers and Employees . The council by ordinance, after receiving the written recommendations of the mayor, may establish offices and positions of employment and may abolish, combine or modify them in accordance with such recommendations. The powers and duties of such offices and positions of employment may be defined by ordinance, and if not defined by ordinance shall be defined in formal rules and regulations issued by the mayor as provided in Section 2.14 of this Act, but in any event the mayor may require officers and employees of the city, except those appointed by and accountable to the council, to perform such additional duties as may be considered necessary by him for the proper and efficient conduct of the city's affairs. Public utilities owned or operated by the city may be under the supervision of the mayor and employees appointed by him, or may be under boards or commissions appointed by and answerable to the council, as provided by ordinance. The salaries of all employees of the city shall be fixed by ordinance under a pay plan applying uniformly to all employees having similar responsibilities and doing like work. Section 3.07. Appointment, Suspension and Removal of Employees . All employees of the city, except as otherwise provided in this Act, shall be appointed, promoted, demoted, transferred, suspended and removed by the mayor. During a suspension an employee's salary may be reduced or eliminated, as determined by the mayor. Before suspending for more than thirty days or removing an employee, the mayor shall serve the employee with a written notice of intention to suspend or remove him, containing a clear statement of the grounds for such proposed action and notification that the employee may appeal to the personnel board by filing, within ten days, with the city clerk written notice of his intention to do so. The personnel board shall be composed of three members appointed by the council for three year terms, except that of the first appointees one shall be for a term of one year and one for two years. The personnel board shall elect a chairman from its membership and shall
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adopt rules governing conduct of its business. The decisions of the personnel board in cases of such appeals by employees shall be final. Section 3.08. Oath of Office . Before a person takes any office in the city government, he shall take, subscribe to, and file with the city clerk the following oath or affirmation: I solemnly swear (or affirm) that I will support the constitution and will obey the laws of the United States and of the State of Georgia, that I will, in all respects, observe the provisions of the charter and ordinances of the City of Varnell, and that I will faithfully discharge the duties of the office of. Section 3.09. Official Bond . The mayor and every officer, agent, and employee of the city having duties embracing the receipt, disbursement, custody, or handling of money, and other officers and employees as may be required by ordinance, shall give a fidelity bond or faithful performance bond, as provided by ordinance, with some surety company authorized to do business in the State of Georgia as surety, in such amount as shall be prescribed by ordinance. All such bonds and sureties thereto shall be subject to approval by the council. The cost of such bonds shall be paid by the city. All such bonds shall be kept in the custody of the city clerk, except that the city clerk's bond shall be in the custody of the mayor. Section 3.10. Political Activity Prohibited . No officer, or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office. No person shall directly or indirectly give, render, or pay any money, service or other valuable consideration to any person for or on account of or in connection with any test, appointment, proposed appointment, promotion, or proposed promotion to any office or position of the city government. No person shall orally, by letter, or otherwise solicit or be in any manner concerned in soliciting any assessment,
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subscription or contribution for any political party or political purpose from any officer or employee of the city. An officer or employee of the city, other than the mayor and councilmen, shall not make any contribution to the campaign funds of any candidate in any city elections, and shall not take any part in the management, affairs, or political campaign of any city election, other than in the exercise of his rights as a citizen to express his opinions and to cast his vote. Any person who by himself or with others willfully or corruptly violates any provision of this Section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than fifty ($50.00) dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person who is convicted under this Section shall be ineligible to hold any office or position of employment in the city government for a period of five years thereafter, and if he be an officer or employee at the time of conviction shall immediately forfeit and vacate the office or position he holds. Section 3.11. Officers and Employees Not to Profit From Connections With the City . No officer or employee of the city shall profit personally, directly or indirectly, from any contract, purchase, sale, or service, between the city government and any person or company, nor shall any officer or employee accept any free or preferred service, benefits of concessions from any person or company, except that free transportation may be provided to policemen and firemen on official duty. ARTICLE IV . FISCAL ADMINISTRATION Section 4.01. Fiscal Year . The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of the succeeding year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. Mayor to Submit Annual Budget . On or before a date fixed by the council but not later than fortyfive
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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) revenue and expenditures during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (e) such other information and data, such as work programs and unit costs, in justification of recommended expenditures, as may be considered necessary by the mayor or requested by the council. The mayor may recommend and estimate additional revenue measures, providing such estimates are separated clearly from normal revenue estimates. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. A sufficient number of copies of the mayor's message shall be reproduced to furnish a copy to any person desiring one, and a copy of the budget in full shall be filed with the council and furnished to each councilman. Section 4.03. Public Hearing . After receiving the budget from the mayor, the council shall fix a time and place for a public hearing thereon and shall cause a public notice thereof to be published once in the official city newspaper at least ten days in advance of the date of the hearing. The public hearing shall be held before the council at the stated time and place, and all persons present shall be given an opportunity to be heard. Section 4.04. Action by Council on Budget . After the public hearing and before the beginning of the ensuing fiscal year the council shall adopt an appropriation ordinance, based on the mayor's budget with such modifications as the council considers necessary or desirable. Appropriations
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need not be in more detail than a lump sum for each department and agency. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city; providing the council unanimously agrees there is such an emergency. If emergency conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided in this Section. Amendments may be made to the original appropriation ordinance at any time during a current fiscal year after a public hearing before the council on five days notice published once in the official city newspaper, provided that increased appropriations may be made only after the mayor has certified in writing that a sufficient amount of unappropriated revenue will be available, except for emergency appropriations as provided above. Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation. At the end of each month the mayor shall submit a detailed budget report to the council, showing estimated and actual receipts and expenditures or encumbrances for that month and the fiscal year to the end of that month, as well as the amount encumbered or expended in excess of any of the itemized estimates of expenditures supporting the appropriations. Section 4.05. Allotments . The mayor shall have authority to make periodic allotments of appropriated funds, and no contracts or purchases, except those made by the council, may be made in excess of the amount allotted by the mayor for any allotment period. In no event may contracts or purchases be made in excess of appropriations. Any expenditures except for salaries and wages may be reduced or eliminated through such allotment control. Section 4.06. Centralized Purchasing . All contracts and purchases, except those that may be reserved to the council
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by ordinance, shall be made by the city purchasing agent, who shall be the mayor or an employee appointed by him. Any expenditure or contract for more than one hundred ($100.00) dollars shall be made only after publication, advertisement and competition by sealed bids, as prescribed by ordinance and an award shall be made to the lowest and best bidder; provided that bids need not be required for professional services or for services for which the rates or prices are regulated by public authority. Competition by bids shall not be required for the purchase of equipment, materials or supplies from any other governmental agency. Section 4.07. Sale of City Property . The mayor may sell any city property which is obsolete, surplus or unusable, if the proceeds do not exceed five hundred ($500.00) dollars, without taking bids, but sealed bids shall be taken or a public auction shall be held for any sale producing more than five hundred ($500.00) dollars; provided that any sale for more than one thousand ($1,000.00) dollars, or any sale of real estate shall be subject to approval by the council. Section 4.08. Annual Audit . 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 published once in the official city newspaper. Section 4.09. No Authority to Levy Property Tax . Nothing in this Act shall be construed so as to authorize the mayor and council of the City of Varnell to levy an ad valorem tax on the taxable property located within said city, and no such tax shall be levied by said mayor and council until this Act has been amended by an Act adopted by the General Assembly of Georgia authorizing the city to levy a property tax. Section 4.10. Special Assessments . The city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or other utility mains and appurtenances, against the abutting property
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owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates (after the due date of each installment if paid on an installment basis), and shall thereupon be subject to a penalty of five (5%) per cent, and shall thereafter be subject to interest at the rate of one-half of one per cent (1/2 of 1%) for each month or fraction thereof until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided by law for the enforcement of county tax liens. Section 4.11. Disbursements by Checks . All disbursements shall be made by checks signed by the city clerk and counter-signed by the mayor. Section 4.12. Official Depository . The council shall designate an official depository or depositories for deposit and safekeeping of the funds of the city, and may require such collateral security as it deems necessary. ARTICLE V . MISCELLANEOUS Section 5.01. Restrictions on Actions for Damages Against the City .No action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the mayor within sixty days after such cause of action shall have occurred, except that when the claimant is an infant or non compos mentis , or an injured person dies within sixty days, the time limit for filing a claim shall be one hundred twenty days. No officer or employee of the city may waive this requirement. Section 5.02. General Laws May Be Used . The council in its discretion may elect to use the provisions of any general laws of the State in addition to or instead of the provisions of this Act.
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Section 5.03 . 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, upon conviction thereof, shall be punished by a fine of not more than fifty ($50.00) dollars, or by imprisonment not to exceed one year, or by both such fine and imprisonment. Section 5.04. First Election for Mayor and Councilmen . In the event this Act is approved at the referendum election provided for in Section 5.05, then the first election for mayor and councilmen of the City of Varnell shall be held on June 26, 1968. The Ordinary of Whitfield County shall call and conduct said election, and only those qualified electors of Whitfield County who have resided within the corporate limits of the City of Varnell, as defined in Section 1.03, for at least six months immediately preceding the date of said election shall be entitled to vote at said election. The Ordinary shall conduct said election at the same hours for holding general elections and shall designate the polling place or places at the time he issues the call for said election and shall conduct said election in accordance with the election laws of this State except as otherwise provided herein. Any qualified elector of Whitfield County who has resided anywhere within the corporate limits of the City of Varnell at least six months immediately preceding the date of said election and who is at least 21 years of age may be qualified as a candidate for mayor or councilman by submitting to the Ordinary a notice of candidacy at least 15 days prior to the date of said election. At said election, each elector shall be entitled to vote for one candidate for mayor and five candidates for councilman. The candidate for mayor receiving the highest number of votes and the candidate for councilman receiving the highest number of votes shall be elected and shall take office on July 1, 1968, for terms to expire on December 31, 1971. The two candidates for councilman receiving the next highest number of votes shall be elected and shall take office on July 1, 1968, for terms to expire on December 31, 1970. The two candidates for councilman receiving the next highest number of votes shall be elected and shall take office on July 1, 1968, for terms to expire on December 31, 1969. The mayor and councilmen shall hold office until their successors are elected and qualified. Successors
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to the first mayor and councilmen shall be elected in accordance with the provisions of Section 2.02. Section 5.05. Referendum . Not less than thirty nor more than forty-five days after the date of 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 residing within the proposed corporate limits of the City of Varnell, as defined Section 1.03 of this Act, for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen nor more than thirty 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 Whitfield County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating the City of Varnell in the County of Whitfield and providing a charter for said city. Against approval of the Act incorporating the City of Varnell in the County of Whitfield and providing a charter for said 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 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 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 special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
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Section 5.06 . All laws and parts of laws in conflict with this Act are hereby repealed. Repealer. Certificate as to Minimum Standards for Original Incorporation of a Municipality Pursuant to the provisions of Section 5 of an Act providing certain minimum standards prerequisite to the original incorporation of a municipality, approved April 2, 1963 (Ga. L. 1963, p. 251), as amended, this is to certify that the minimum standards as set out and required by said Act do exist as to the area embraced within the corporate limits of the City of Varnell as set forth in the proposed charter of said city. Virgil T. Smith Representative, 3rd District Author Jack H. Cole Representative, 3rd District Author Sworn to and subscribed before me, this 5 day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to create and incorporate the City of Varnell in Whitfield County, Georgia; describe the corporate limits; provide for municipal government; provide for municipal officials, their election or appointment, term of office, salary and duties; to provide for a referendum; and for other purposes.
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This 28th day of December, 1967. /s/ Virgil T. Smith Representative, 3rd District, Post 2 /s/ Jack H. Cole Representative, 3rd District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil T. Smith who, on oath, deposes and says that he is Representative from the 3rd District, 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 Whitfield County, on the following dates: December 29, 1967, January 5 and 12, 1968. Virgil T. Smith Representative, 3rd District Sworn to and subscribed before me, this 5 day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 8, 1968.
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TOWN OF IRWINTONNEW CHARTER. No. 1007 (House Bill No. 1376). An Act to incorporate the Town of Irwinton, Georgia, and to grant a new charter to said town; to provide for an index to said charter; to organize the municipal government thereof; to prescribe the corporate limits; to regulate the sale or lease of town utilities, the grant of franchises, and the furnishing of certain utilities outside the town limits; to prohibit certain practices; to provide for a mayor and aldermen and their function, authority, powers, duties, qualifications and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifications, duties and authority of the officers and employees of the town, and their compensation; to provide for the authority of the mayor and aldermen over said officers and employees; to create certain boards, commissioners and departments and provide for the creation and regulation of others; to prescribe procedures for the annexation of territory and the rights of residents in territory proposed to be annexed; to prescribe the qualifications of electors and voters, and the manner of holding elections in the town; to provide for the registration of voters; to prescribe the qualifications of candidates for municipal elections; to establish a recorder's court and provide for appointment of a recorder; to establish the jurisdiction, powers and duties of the recorder; to provide for public works improvements and the levy of assessments therefor; to provide for establishment of a fiscal year, a budget, and an annual audit of finances; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to prescribe the effect of this Act upon present officers of the town; to provide for the preservation of existing ordinances and laws not inconsistent with this Act, and that the provisions of this Act are severable; to prescribe punishments
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for the violation of this Act, and for the violation of ordinances and regulations enacted pursuant thereto; to repeal an Act incorporating the Town of Irwinton Wilkinson County, Georgia, approved August 13, 1940 (Ga. L. 1904, p. 482), as amended; to repeal certain other Acts affecting said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I General Provisions Section 1-1 through 1-7 Article II Mayor and Aldermen Sections 2-1 through 2-24 Article III Town Officers, Employees and Boards Sections 3-1 through 3-15 Article IV Annexation of Territory Sections 4-1 through 4-12 Article V Elections Sections 5-1-through 5-15 Article VI Record's Court Sections 6-1 through 6-11 Article VII Taxation, Finance and Revenue Sections 7-1-through 7-16 Article VIII Miscellaneous Sections 8-1 through 8-6 ARTICLE I. GENERAL PROVISIONS Section 1-1. Incorporation: name, style and designation .The Town of Irwinton, in Wilkinson County, Georgia, shall be and is hereby incorporated as a town under the name, style and designation of the Town of Irwinton, hereinafter also referred to as the town Section 1-2. Town constituted body corporate and politic . From and after the passage of this Act, the municipal government of the Town of Irwinton shall constitute a body corporate, and by and in its name shall have perpetual succession, with power and authority to contract and be contracted
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with, to sue and be sued, to plead and be impleaded, to have and use a common seal; in law or equity to purchase, have, hold, and enjoy, receive, possess, and retain to the town, through the mayor and aldermen and their successors in office, for the use and benefit of the Town of Irwinton, in perpetuity or for any term of years any estate or estates, real or personal, of every kind and nature within or without the corporate limits, for corporate purposes; to have and to hold all property now belonging to the town, either in its own name or the name of others, to the use of said town for the purpose and intents for which the same was granted, dedicated or purchase; to use, manage and improve, sell, convey, rent or lease the same; and shall have like powers over property hereafter acquired, and shall succeed to all the rights and liabilities of the present corporation. The town, through its mayor and aldermen, shall have power to borrow money and give evidences of indebtedness for the same; to use bonds from time to time, and to do and perform all and every act and acts necessary or incidental to the raising of funds for the legitimate use of said town. It shall have the right, power, and authority, through its mayor, and ldermen, to govern by such rules, laws, bylaws, regulations, ordinances or other orders as said mayor and aldermen may deem proper, not in conflict with this charter, the Constitution and laws of this State or of the United States. Section 1-3. Organization of municipal government; legislative power . The municipal government of said town shall be vested in the mayor and four aldermen, who shall be elected at large, and such other officers, employees, boards, and commissions as the mayor and aldermen may see fit to elect and appoint as hereinafter provided. Said mayor and aldermen shall constitute the legislative department of said town and, as such, shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, and orders as may to them seem right and proper to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said town and for preserving the peace, good order and dignity of said government.
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Any enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other thing and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this charter or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers that are not repealed by this charter. Section 1-4. Corporate limits defined . The corporate limits of the town shall extend as follows: One mile in all directions from the courthouse located in said town. Section 1-5. Contracts to furnish light and water outside the town limits . The mayor and aldermen of said town, or the water and light commission, or either, shall have the right to make contracts with persons, firms or corporations residing beyond the limits to furnish them with street light and water, or either, whenever the same can be done without interfering with the efficient supply of light and water to the inhabitants of the town. Section 1-6. Subpoena power . The mayor and aldermen, recorder's court, all boards, commissions, committees or other agencies of the town charged with the administration of the affairs of the town (excluding individual officers, except those specially authorized by law or ordinance) shall have the power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and failure or refusal of any person to attend as a witness or to produce pertinent documentary evidence within his possession, custody or control when notified or called upon to do so in a proper case, shall constitute a violation of this section and punishable as such. Section 1-7. Personal profit, nepotism prohibited in town offices . No officer or employee of the town or member of a board or commission herein provided for shall be interested directly or indirectly in any contract made with the town or receive any profit or emolument for any purchase or sale of material or other articles sold to the town, or paid for out of the public revenues of the town, and nepotism in any board or office is forbidden.
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ARTICLE II. MAYOR AND ALDERMEN Section 2-1. Mayor constituted chief executive officer of the town; function, authority, duties . The mayor shall be the chief executive officer of the town and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the chief of police of the town. He shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws and ordinances of the town are faithfully carried out and executed within the town. He shall keep the board of aldermen advised from time to time of the general condition of the town, and shall recommend such measures as he may deem necessary or expedient for the welfare of the town. He shall preside over the meetings of the board of aldermen, and may call them together at any time when deemed necessary by him. He shall preside over the meetings of the board of aldermen and may vote in all elections for officers who are elected by the board and impeachment proceedings whether there be a tie or not. The mayor shall not vote upon any matter before the Board of Aldermen, except as heretofore set out, unless there be a tie vote. He may call the board of aldermen together at any time when deemed necessary by him, the mayor and two members of the council to constitute a quorum for the transaction of business. Section 2-2. Vacancy in office of mayor or alderman . In the event the office of the mayor or any alderman shall become vacant by death, removal, disqualification, resignation, or other cause, the mayor pro tem, or the aldermen, if both said offices shall be vacant, shall order an election of which at least ten days written notice shall be given by publication in the official newspaper used for publication of legal notices and by posting the notice at three public places in said town, to fill the vacancy or vacancies for the unexpired term or terms. Section 2-3. Oath of office of mayor and aldermen . Before entering upon the discharge of their respective offices,
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the mayor and aldermen shall each make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor (or alderman, as the case may be) of the Town of Irwinton during my continuance in office, according to the best of my ability and understanding, so help me God. The oath of the mayor shall be administered by the outgoing mayor or, in his absence or refusal to administer such oath, by the town clerk. The oath of the aldermen shall be administered by the mayor. All of said oaths shall be entered upon the minutes of the town. Section 2-4. Veto of ordinances and resolutions; overriding veto . Every ordinance and resolution passed by the board of aldermen shall be subject to veto by the mayor in the following manner: The mayor shall within three days write out his objections to such ordinance or resolution, and the board of aldermen, at the next regular meeting at which a quorum shall be present, shall order said objections entered on the minutes and vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as three aldermen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all cases be entered on the minutes, Section 2-5. Provisions of charter constitute defense for acts of mayor and aldermen in pursuance thereof . The provisions of this charter may be pleaded and shall be a defense to any action brought against the mayor and aldermen, or either, when the acts of the mayor and aldermen are in accordance with ordinances properly passed in pursuance thereof. Section 2-6. Penalty for violation or neglect of duties of office . Should the mayor or any member of the board of aldermen be guilty of malpractice in office, or willful neglect of his office, or abuse of the powers conferred upon him,
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or shall be guilty of any other act or acts or general conduct unbecoming an officer of the Town of Irwinton, he shall be impeached by the board of aldermen and upon conviction shall be removed from office. Section 2-7. Compliance with State and Federal law, required . The mayor and aldermen shall pass all ordinances and regulations for the government of said town, the protection of life and property, the maintenance of public places and the protection of public health, provided the same are not repugnant to the Constitution and laws of the State or of the United States, and prescribed and enforce penalties for the violation of same. Section 2-8. Authority to codify ordinances; true copy to be competent evidence . In addition to the powers conferred by other provisions of this charter or by general law of the State of Georgia, the mayor and aldermen shall have the power and authority to provide for codification of all ordinances, rules, or regulations of the town, and the adoption of such codification by ordinance. A copy of such codification, when certified by the town clerk as being a true copy, shall be received in evidence in all courts of the State of Georgia. Section 2-9. General powers . In addition to the powers conferred by other provisions of this charter, the mayor and aldermen shall have power and authority to remove or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks or other public ways in said town. They shall have power to designate certain streets or places for the conduct of certain business; to regulate chicken houses, hog pens, slaughterhouses, blacksmith shops, tanneries, livery stables, forges, stoves and chimneys, mill ponds, oil mills, fertilizer plants, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motorcycles, and other vehicles. They shall have power to fill up all open cellars, or excavations in said town, or cause the owners to do so; to condemn and remove, or cause to be removed, all dilapidated or unsafe structures which they may consider a nuisance or dangerous to the health or lives
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of the people of the town; to abate, or cause to be removed, anything that constitutes a nuisance, or is injurious or deleterious to the health or lives of the people of the town. They shall also have the right to condemn propery for public purposes, as provided by the laws of this State. Section 2-10. Zoning powers . The mayor and aldermen in the interest of the public health, safety, order, convenience, comfort, prosperity, and general welfare, shall have the power to adopt by ordinance a plan or plans for the districting or zoning of the town to regulate the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts and other open spaces, the density and distribution of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Such plan and the regulations adopted thereunder shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living and working conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and property, and encouraging the most appropriate use of land and of buildings and structures throughout the town. The town may be divided into such number of zones or districts, and such districts may be of such shape and areas the mayor and aldermen shall deem best suited to accomplish the purpose of the regulations. In the determinations and establishment of districts and regulations, classification may be based upon the nature or character of the trade, industry, or other activity conducted or to be conducted upon the premises; the number of persons, families or other group units to reside in or use buildings; the public, quasi-public or private nature of the use of premises; or upon any other basis or bases relevant to the purposes of the regulations.
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The mayor and aldermen may provide by ordinance for a zoning commission composed of not more than five members, to be selected by the mayor and aldermen, prescribe its powers and duties and provide for a method of appeal from the findings of said zoning commission. Said mayor and aldermen may also create a board of zoning appeals composed of not more than five members to be selected by the mayor and aldermen, which shall hear appeals from the findings of the zoning commission, and prescribe its power and duties and provide for the right of certiorari from said board of zoning appeals to the Superior Court of Wilkinson County. Section 2-11. Sanitary regulations; enactment, scope, enforcement; right of entry to inspect, condemn property . The mayor and board of aldermen shall have power and authority over and absolute control of all pipes, sewers and private drains in said city, and power and authority to prescribe their location, structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best. They shall have power and authority to prescribe the kind of water closets, urinals or other receptacles or drains for water or other fluids or substances to be used within the town, and to condemn and destroy any water closet, urinal or other receptacle or drain now in use or hereinafter to be constructed and put in use, which does not conform to and is not of the kind prescribed for use by the ordinances and rules of the town, and which may be detrimental to the health of the town. They shall also have power and authority to compel all property owners to connect water closets and urinals, or other receptacles or drains, on the premises of the said property owners, with the sanitary sewers of said town under such rules and regulations as may be prescribed. If such property owner shall fail to connect any water closet, urinal or other receptacles or drains as aforesaid, within the time and in the manner prescribed, then the town may cause said work to be done and connections to be made, and provide all necessary material therefor and assess the costs
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of the same against the property owner and the property so improved, which assessment shall be a first lien on said real estate, superior to all other liens except liens for taxes. The town clerk shall levy the same on the said real estate in the same manner as sheriffs' sales under judgment and execution. The officer making said sale shall execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriffs' deeds under sale made by judgment and execution, and shall proceed at once to dispossess the owner thereof and put the purchaser summarily in possession. The town shall arrest and prosecute the owners of said property before the recorder's court of the town for maintaining a nuisance, in connection with which the town shall have the right, power, and authority to enter upon the premises of anyone, after notice, to inspect water closets, urinals and other drains and pipes, to remove the same whenever condemned, and to inspect the connections and fixtures necessary to connect the same with the sanitary sewers of the town, without being deemed a trespasser or becoming responsible as such to the owner or tenant. Section 2-12. Regulation of drainage; enforcement by execution . The mayor and aldermen shall have the power to cause the owner or owners of lots within the town to drain the same or to fill the same to the level of the streets or alleys on which said lots abut; to cause the owner or owners of cellars holding water to cause the same to be drained thereof or filled up if necessary; to compel property owners to make proper connections of drain pipes to storm sewers and gutters or other street waterways, and to pass such ordinances regulating the same as they may deem necessary. Whenever the owner of any such property shall refuse or fail, after a reasonable notice to him or his agent, or to the tenant in possession of said premises to comply with the requirements of said mayor and aldermen within the period prescribed for such notice, it shall be lawful for the town to cause the same to be done at the owner's expense, and for the amount so expended, the clerk of the town shall
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issue an execution against said owner to be collected from said property belonging to him, and a sale under said execution by the town clerk shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution. Section 2-13. Laying out, vacating, paving, maintaining and improving public streets and ways . (a) The mayor and aldermen of the Town of Irwinton shall have the power and authority to open, lay out, widen, straighten or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passageways of said town, and shall have the power to vacate, close up, open, alter, grade and fill, curb, pave, drain and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing and maintaining the same, and the power of curbing and paving the whole or any street, avenue, alley, sidewalk, crossing or other passageways of the town. They shall also have power to prescribe by ordinance for the curbing and paving of all squares, triangles and intersections of said town; they shall prescribe the kind of material to be used in construction, and shall fix the time when notice shall be given and when the work shall be completed, shall supervise the construction of the same and reject any work not performed in compliance with such prescribed regulations. They shall have power and authority to require any street, avenue, alleys, sidewalk, street crossing and railroad crossings, or other passageways to be paved in such manner and with such material as they may determine by resolution or ordinance. No more than one-third of the expense of paving streets shall be borne by the town and the other two-thirds of such expense by the abutting property owners in just proportion to the foot frontage of their property therein, unless otherwise decided by the mayor and aldermen. (b) Whenever the mayor and aldermen shall deem it proper to pave or improve any of the streets, lanes or alleys of said town, they shall have a survey made and plans and specifications and estimates of the cost of the improvements contemplated and shall establish the grades of the streets
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to be improved and locate the sewers and water mains therein. (c) Upon the completion of the paving of one or more streets, alleys, or lanes, or upon the completion of one or more section of pavement between the same, the mayor and aldermen shall ascertain the proportionate cost of such pavement, including street intersections, headers, curbing and intakes, with or without including sidewalks, and with or without including such sewers as they may construct in connection with said paving, chargeable to abutting property owners or other persons using or occupying said streets, and shall cause its clerk to give written notice of the result thereof to such abutting owners or other persons setting forth the amount of assessments which shall be immediately due and payable. A copy of said notice shall be served on the owner or occupant thereof by any officer of the town and return thereof made upon the original, which original shall be kept in the clerk's office and recorded upon the minutes together with the entry of service thereon, and the town shall proceed immediately to collect the amount set out in said notice and pay the money over to the town treasurer to be paid out to contractors or transferees for material or work on account of such pavement. (d) A special lien shall be created on and against the land of abutting owners, and on and against the land of other persons for paving assessments made against them, and on failure to pay the full amount of such assessment in cash within thirty days after the service of such notice, the mayor and aldermen shall by the clerk cause execution to be issued against such abutting owners or others for the amount of such assessments, bearing seven per cent interest from the date of such notice. (e) All executions to be issued under this section shall be levied and collected as tax executions in favor of said town are levied and collected. (f) Should any abutting property owner, or other person desire to contest the amount of any owner, or other person legality of any proceeding growing out of or connected
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with paving a street of the town, he may do so by filing with the levying officer an affidavit of illegality, and stating therein the cause of such illegality and the amount which he admits to be due, which amount shall be paid to the levying officer before the affidavit shall be received. The affidavit shall be returned to the Superior Court of Wilkinson County and there tried and determined as in other cases of illegality subject to the penalties provided as in cases of illegality filed for delay. Section 2-14. Street paving; registration; taxation . The mayor and aldermen of said town shall pass all ordinances necessary to effect the purposes and intent of Section 2-13 as are deemed to the best interest of the town and which shall not be in conflict with the Constitution and laws of the State of Georgia. The mayor and aldermen of the town may levy and collect an additional ad valorem tax, or a special street tax, upon all property, real or personal, within the town limits for the purpose of paying the town's share of the paving expenses referred to in Section 2-13, which said tax shall be collected in the same manner as is provided elsewhere in this charter for the enforcement and collection of taxes. Section 2-15. Granting of franchises . The mayor and aldermen of said town shall have the power to grant franchises, easements and right-of-way over, in, under and on the public streets on such terms and conditions as they may fix. They may contract with any other public or private corporation regarding the furnishing of water, electric curent, gas, garbage collection, or other public service, to said town by said other corporation, or regarding the furnishing of water, electric current, gas or other public service, by the town to such public or private corporation. Provided the said mayor and aldermen, shall not grant any franchise, easement or authority to any person, public or private corporation to own, operate, or maintain any public utility in competition to any public utility owned by said town within said town. Section 2-16. Exercising eminent domain . The mayor and aldermen are authorized and empowered to condemn
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land within its corporate limits for any municipal uses or purposes, which includes the erection of public buildings for said town, for public parks, playgrounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage or trash and for any other public purposes and improvements. The said town is authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the town. When it is necessary for the town to exercise the power of eminent domain, the same shall be exercised under the provisions of Title 36 of the Georgia Code Annotated, as amended. Section 2-17. Handling alchoholic beverages . The mayor and aldermen shall have the power and authority by ordinance to prohibit, regulate or license the sale, possession, distribution, manufacture or consumption of spiritous, vinous, malt or intoxicating liquors within the town, and may abate violations of such ordinances as nuisances. The policemen of the town shall have the authority to enter and, if necessary, to break open and enter any premises in the town which the mayor and aldermen may have reasonable cause to believe, or may suspect, to be, a place where spiritous, vinous, malt or intoxicating liquors are sold, possessed, distributed, manufactured or consumed in violation of law or of any ordinance of the town, and to seize the stock thereof and any machinery, equipment, or apparatus used in connection therewith. Upon conviction of any person for maintaining a nuisance, as above stated, and as a punishment for same, the mayor and aldermen shall be empowered to cause the police department of the town to destory the stock of liquors so seized and the machinery, equipment or apparatus used in connection therewith, in addition to any other penalty which may be imposed upon the offender for violation of the laws of the town. Section 2-18. Suppression of crime; recorder's court . The mayor and aldermen of the Town of Irwinton shall have power and authority to pass all laws and ordinances,
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rules and regulations necessary and proper to secure the efficient and successful administration of the business of the recorder's court, and all other ordinances that they may deem necessary to preserve order and to suppress crime, not in conflict with the Constitution and the laws of the State of Georgia. Section 2-19. Guardhouse; establishment authorized; purpose . The mayor and aldermen shall have authority to establish a guardhouse or prison, and provide regulations for the same, in which to confine for punishment when necessary, persons sentenced by the recorder for violating any town law or ordinance, or any penal section of this charter, and for the detention of all persons committing or attempting to commit crimes; and any policeman of the town shall have the right to confine such persons in the guardhouse to await their trial. Section 2-20. Workgangs authorized . The mayor and aldermen of the Town of Irwinton shall have power to organize one or more workgangs and confine therein persons who have been sentenced by the recorder's court of the Town of Irwinton, to work upon the streets or public works of said town and shall have the power to make rules and regulations that may be suitable or necessary for the care, management or control of such workgang, and to enforce same through its proper officer. Section 2-21. Regulation of animals at large . The mayor and aldermen shall have power and authority to prevent animals from running at large and to take up and impound any animal found at large within the town, to provide for the redemption of or sale of the same, and to enact such laws and ordinances as are necessary to carry out the provisions of this section. Section 2-22. Keeping of combustibles and explosives; erection of buildings . The mayor and aldermen shall have power to regulate the keeping of gunpowder, gasoline, and other combustibles and explosives, to make regulations for guarding against fires, and to fix and establish fire limits and from time to time change, enlarge, or restrict the
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same; to regulate the kinds of buildings to be erected, and the material and construction thereof; and to grant or refuse permits of all kinds of buildings and other structures to be erected in said town. Section 2-23. Places of worship and burial; regulation of interments . The mayor and aldermen shall have power and authority to protect places of worship, to provide places for burial and to regulate interments. Section 2-24. Authorized to license vehicles . The mayor and aldermen shall have power and authority to license or regulate by the town ordinance all motor vehicles owned operated by residents of the Town of Irwinton, and to charge a reasonable fee for said license. ARTICLE III. TOWN OFFICERS, EMPLOYEES AND BOARDS Section 3-1. Mayor pro tem; selection . The mayor and aldermen shall elect at its annual organization meeting, a mayor pro tem from the aldermen, whose duty it shall be to act in all cases as the mayor in the absence, disqualification or sickness of the mayor, during which time he shall be clothed with all necessary powers of the mayor. Section 3-2. Town clerk; treasurer; terms of office; compensation; consolidation of offices of Town clerk and treasurer . The Town clerk and treasurer shall be appointed by the mayor and aldermen at its annual organization meeting and their term of office shall be for a term of one (1) year and until their successors are appointed and qualified. The mayor and aldermen shall have power to fix the salary of the town clerk and treasurer, and may also have the power to combine the offices of the clerk and treasurer, or may in their discretion, elect one person to fill both offices. Section 3-3. Same-removal . Any of the officers in Section 3-2 may be removed at any time by a majority vote of the mayor and aldermen for neglect of duty, incapacity or malfeasance in office. Said officers shall be governed by such rules and regulations as may be prescribed by the
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mayor and aldermen which are not inconsistent with this charter. The mayor shall have the authority to suspend any officer temporarily, in his discretion, until the next regular meeting of the mayor and aldermen, when such officer shall be given a trial. Section 3-4. Sameoath; duties of town clerk and treasurer . The town clerk and treasurer of the Town of Irwinton shall take and subscribe an oath before the mayor that he will, to the best of his ability, faithfully perform the duties of his office, without favor or partiality. The town clerk shall be clerk of the board of aldermen; shall attend all meetings of the mayor and aldermen, and the recorder's court, and keep the minutes, books and files of each; shall collect all fines, taxes and other money due the Town; shall attend to the issuance of all licenses and permits; shall sign and issue all executions and other writs and processes for the collection of taxes due the town; shall perform such other duties as may be required of him by the mayor and aldermen. He shall also attend all meetings of the board of health of said town if instructed to do so by the mayor and aldermen, and keep the minutes, books, and files of the same. The duties required herein to be performed for the Board of Health may be performed by a representative designated by the town clerk. It shall be the duty of the treasurer to receive and disburse all moneys of the town, upon proper orders, and he shall make itemized reports of all receipts and disbursements and submit the same to the mayor and aldermen whenever called upon by them to do so. Section 3-5. Police force constituted; terms; removal from office; compensation; powers and duties . There shall be a police department of the said town which shall consist of a Chief of Police and such other officers and men as the mayor and aldermen may prescribe. The Chief of Police and such other officers shall be appointed by the mayor and aldermen at their first regular meeting in January, 1969, and their term of office shall be for a term of four years and until their successors are appointed and qualified. All future
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successors, except as hereafter provided, shall serve for a term of four years. The chief and the officers of the police department may be discharged or suspended at any time by the mayor and aldermen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer or other like offense, when in their judgment it is best for the good of the service or the interest of the town. The mayor and aldermen shall have power to fix the salaries of the members of the police department. The chief and the officers of the police department shall preserve the peace of the town and shall have power and authority to arrest all persons within said town guilty or charged with violating any of the laws of the State, or laws and ordinances of the town, all persons committing or attempting to commit any crime against the laws of the State or ordinances of the town. They shall have power and authority to confine all persons arrested in the town prison or in the common jail of Wilkinson County and bring them before the recorder's court for trial or commitment; provided, however, that all persons desiring to give bail for their appearance before the recorder's court in bailable cases, shall be allowed to do so. Section 3-6. Chief of Police; vacancy in office . In case of the death, resignation or removal from office of the Chief of Police, the mayor, or in his absence the mayor pro tem, and in his absence the board of aldermen, shall appoint some persons to perform the duties of the Chief of Police until the next regular meeting of the aldermen, when the mayor and aldermen shall elect a successor to fill the unexpired term. Section 3-7. Fire department constituted; selection, duties, terms of personnel; rules, regulations . There shall be a fire department which shall consist of a chief and other officers and men thereof, who shall be selected by the mayor and aldermen and whose duties shall be prescribed by said mayor and aldermen who shall have power to suspend or remove any of the members thereof whenever they shall deem it necessary or proper for the wellbeing and efficiency of the department. The mayor and aldermen shall have
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power to fix all rules and regulations for the general government and management of the department, and fix the salaries of the members thereof. The members of the fire department shall be elected to serve for an indefinite term, however, they may be discharged or suspended at any time by the mayor and aldermen, after trial, as provided for police officers. Section 3-8. Town attorney; terms, duties, compensation . The office of the town attorney is hereby created and established. Said attorney shall be elected by the mayor and aldermen of said town and shall hold his office for a term of one year and until his successor is elected and qualified. His duties shall be prescribed from time to time by the mayor and aldermen. He shall represent the interest of the town in all courts, and shall attend the sessions of the mayor and aldermen when they request. His salary or compensation for any service shall be fixed by the mayor and board of aldermen. Section 3-9. Selection of officers and employees . In addition to the officers, employees and boards provided for in this charter, the mayor and aldermen shall have power and authority to elect or appoint for such time as in their judgment may seem best, such officers, agents, superintendents, maintenance men, street overseers, draftsmen or other personnel for the carrying out of the provisions of this charter and the functioning of the government of the Town of Irwinton and to prescribe their duties and fix their compensation. Section 3-10. Salaries of officers, employees . The mayor, aldermen, and other officers and employees of the town shall be paid such salaries for their services as may be fixed each year by the mayor and aldermen to apply to the ensuing fiscal year; provided, however, that the salaries payable to the mayor and aldermen shall not be increased or diminshed during the year. Section 3-11. Retirement pensions; eligibility, amount . The mayor and aldermen shall have the authority to provide that any officer or employee of the Town of Irwinton who
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has been employed by said town for thirty (30) years or longer may retire from his present position of employment upon thirty days notice of such action to the clerk of said town and will be entitled to a retirement pension, payable monthly from the general funds of said town, in the amount of sixty (60) per cent of the highest monthly pay he received during his employment by said town. Section 3-12. Board of health; constituted; membership, compensation; powers . The mayor and aldermen shall have the authority to constitute a board of health for said town, to consist of the mayor, one licensed physician, and one citizen to be appointed by the mayor, whose appointment shall be confirmed by the board of aldermen. Said members shall hold office for one year and until their successors are appointed and qualified. The citizens appointed on said board of health shall hold no other municipal office during their terms as a member of the board of health. The mayor and board of aldermen shall appoint such other citizen to serve on the said board of health as they may deem necessary. The mayor and board of aldermen shall prescribe rules and regulations for said board, shall prescribe the duties of the members and the times they shall meet, and shall fix the salaries of the members who shall be appointed on said board; but the mayor shall serve on said board for no additional salary. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public and likewise for the prevention of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and aldermen the passage of such ordinances, rules, and regulations for the general health and sanitary betterment of the town as they may deem necessary for the good health of the town. They shall also have power to inspect foods, milk, fruit and other things sold in said town, and report to the mayor and aldermen all persons selling any impure articles, and the mayor and aldermen shall provide a penalty for all persons
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so offending. The said board of health shall look after the general sanitary condition of the town and shall report any nuisance likely to endanger the health of the town, or any neighborhood or place, and the mayor and aldermen upon the advice of the board of health shall enforce all sanitary rules and regulations, shall abate all nuisance and enforce all ordinances for the general health of the town, and prescribe penalties for violation of the same. Section 3-13. Establishment of park commission . The mayor and aldermen shall have the power and authority to appoint a park commission and shall prescribe the manner of election, terms of office, duties and compensation of the same. Section 3-14. Public library; board of trustees, appropriations, reports . The mayor and board of aldermen shall have power and authority to appropriate from year to year such sums of money for the support of the public library as they may deem best for the interest of the town, Said library shall be managed and controlled by a board of trustees to be selected by the mayor and board of aldermen, and to consist of such number of citizens as the mayor and board of aldermen shall determine. The trustees shall be elected for a term of one year, and shall be elected by the mayor and aldermen at the organization meeting each fiscal year. The sum of money appropriated, together with all other appropriations for the support of the library, shall be turned over to and shall be disbursed by said board of trustees, who shall render a full and accurate statement to the mayor and board of aldermen quarterly, showing the purpose for which said funds have been expended. The town clerk shall be the disbursing medium for the board of trustees, keeping a record of same. Section 3-15. Public works system; boards of commissioners; membership, terms, compensation; power, duties . The mayor and aldermen shall have the power to establish by ordinance a board or boards of commissioners for the operation, maintenance, regulation, acquisition, extension or improvement of gas, water or light plants, or any other system or systems of public works of the same or similar
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nature, which the town may now or at any time hereafter own or operate. The town may establish one such board to operate more than one, or all such public works system or systems. Said board or boards when so established shall each consist of at least three members, none of whom shall be the mayor or any aldermen, who shall be elected for one year and until their successors are elected and qualified. The manner of election shall be prescribed by ordinance, provided the commissioners are freeholders of the Town of Irwinton. All vacancies shall be filled by appointment by the mayor and aldermen for the balance of the unexpired term. When created, said board or boards shall be vested with power and authority to maintain, extend, improve, modify and operate the system of waterworks now in operation or hereafter acquired, extended or improved or any gas, light or water system or other system of public works of the same or similar nature now or hereafter owned or operated by the town or acquired, extended, or improved, or any light contract or other contract existing between the town and any company for the furnishing to the town of light, natural gas, power or other public works; to establish, equip, maintain, modify, extend, improve and operate a system of drains and sewers for the town; to appoint superintendents and other employees, and remove the same when necessary; to purchase, rent, lease and sell real estate and apparatus and machinery and all other things necessary to the conduct of said public works systems, and hold title to the same for the town; to collect, receive and disburse all moneys arising from the sale of bonds issued for the acquisition, extension, enlargement, and improvement of such plant or plants, and all revenues derived therefrom; to make such bylaws, rules and regulations for their own government and the government of their employees as they deem necessary, not in conflict with this charter. Said board or boards shall make a quarterly report in writing, to the mayor and aldermen, showing the amount of money received and the source thereof, and the amount disbursed and the purpose thereof, together with vouchers
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for the same, and shall furnish an accurate estimate of the amount of money required for the ensuing year. Said board or boards shall elect a clerk and fix his compensation, such compensation to be approved by the mayor and aldermen. The members of said board or boards shall receive for their services such compensation as the mayor and aldermen shall prescribe, which compensation shall not be diminished or increased during the terms of office of said members. The mayor and aldermen shall have the authority to enact all ordinances necessary to effect the purpose and intent of this Section. The mayor and aldermen shall maintain and operate any and all systems of public works as heretofore, until the board or boards authorized herein, are created. ARTICLE IV. ANNEXATION OF TERRITORY Section 4-1. Referendums to annex territory; effective date of annexation . The inclusion within the corporate limits of said town of annexed territory shall not become effective until two referendum elections, one held in said town and one in said territory, in accordance with the provisions hereinafter set forth, having resulted in a vote by both the town and the territory proposed to be annexed favoring such annexation, and upon such favorable vote, the inclusion of said territory within the corporate limits of the Town of Irwinton shall be effective at 12:01 a.m., December 31, of the year of such election. Section 4-2. Conduct of referendum election in territory proposed to be annexed . The ordinary of Wilkinson County shall submit to the qualified voters residing within territory proposed to be annexed, by giving the notice provided for in Section 4-7 hereof, the question of the inclusion of said territory within the corporate limits of said town by calling a referendum election. The ordinary shall provide such polling places for voters in said territory as the ordinary may deem necessary and convenient for the voters herein. He shall appoint such managers for such ballot boxes at such polling places as he deems necessary for the conduct of
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such referendum election. Such managers shall be sworn by the ordinary or a notary public to manage said election. The laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this Act, shall apply to said election. Section 4-3. Qualifications of territorial voters . At a referendum election in territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory proposed to be annexed for at least six months next preceding the day of said election for members of the General Assembly, shall be eligible to vote. Section 4-4. Lists of voters in territory proposed to be annexed; oaths . The ordinary shall use those lists of qualified voters in territory proposed to be annexed which are prepared, purged and supplemented in accordance with the provisions relating to general and special elections as contained in Code of Georgia Annotated, and other applicable statutes of the State of Georgia. The ordinary may require that the managers of such ballot boxes and polling places require each prospective voter to swear that he has resided within the territory where he offers to vote continuously for six months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. The ordinary may determine the qualifications for such voters in the territory to be annexed, either through the use of voters' lists prepared as provided herein or through the administering of the oaths as to residence within such territory or a combination of both procedures for determining such qualifications. Section 4-5. Ballots in territory proposed to be annexed; certification of election results . The managers of a referendum election in territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election and shall deliver to the ordinary the sealed ballot boxes, the sealed ballots, tally sheets, and list of voters, if any or all of such used. At or before noon of the following said election, or as soon thereafter as practicable, the managers shall certify to the ordinary the result of the election.
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Section 4-6. Town referendum on proposed annexation; qualifications of voters . The mayor and aldermen of the Town of Irwinton, at a regular or special meeting, shall by adoption of a resolution to be effective immediately upon passage, submit to the qualified voters of the town, at a referendum election to be held as hereinafter provided and upon the same day as the election called by the ordinary as provided in Section 4-2, the question of the inclusion of said described territory within the corporate limits of said town. Said election shall be held under the same rules and regulations governing general elections and special elections, and at the same places, as elections for mayor and aldermen are held. Persons registered six months prior to the election shall be qualified to vote in said election. Section 4-7. Time of holding annexation elections; publication, contents of notice; form of ballot . The elections provided for in Section 4-2 and 4-6 shall be held within sixty days following the approval of the annexation Act on a date to be decided by the ordinary and by the mayor and aldermen of said town. The polls within the town and within the territory proposed to be annexed shall open at 7:00 a.m. and close at 7:00 p.m. After the passage of such Act and its approval by the Governor, and prior to the date of said elections, the town clerk of said town shall cause the entire Act to be published one time in the newspaper of said town in which advertisements of sheriff's sales in Wilkinson County are published. The ordinary shall issue his call for election in sufficient time to allow the notice of said election to be published in said newspaper once a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the ordinary and the town clerk of said town, and shall set forth the date of the elections, the hours of voting, and the location of the polling places. A detailed description of the territory proposed to be annexed need not be set forth in said notice, but certified copies of the annexation Act shall be kept on file by the ordinary and the town clerk prior to said elections, and such certified copies of the Act shall be subject to public inspection at all reasonable times.
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The ballot shall show the purpose of the elections by general reference to the annexation Act, and shall have plainly printed thereon the words For annexation and Against annexation. Section 4-8. Certification of annexation referendums; consideration of balloting; proclamation of results . The managers of the annexation election held in the Town of Irwinton shall at noon of the day following said election or as soon thereafter as practicable, certify to the mayor and aldermen of the Town of Irwinton at a regular or special meeting, the result of said election inside the town. The ordinary of Wilkinson County shall at the same meeting certify the result of the said election in the territory proposed to be annexed. Each election shall be considered separately and if it shall appear that a majority of the votes cast in each election favor the annexation, then the ordinary and the mayor shall make a joint proclamation of such results, and thereupon the corporate limits of the Town of Irwinton shall be extended on December 31, of the year of such annexation referendums in order to include the territory annexed, and said territory shall, on December 31, of such year, become a part of the said Town of Irwinton and subject to all the laws and ordinances governing the same. The result of the elections and the proclamation shall be entered on the minutes of the mayor and aldermen and on the minutes of the Court of Ordinary of Wilkinson County. Section 4-9. Voters in annexed territory qualified for town elections after approval of annexation . If the vote of the two elections provided for hereinafter is in favor of annexation, then at the primary election and at the general election to be held in said town, for the nomination and election of members of the board of mayor and aldermen of the Town of Irwinton, as well as any special election, held thereafter those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration, and otherwise, as if
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said territory were on the days of said primary, general, and special elections actually a part of said town. The town registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth. The residents of said annexed territory who are so qualified to vote shall be eligible for nomination and election to any elective town office of the Town of Irwinton for any term beginning after annexation, length of residence and qualifications as a voter in said annexed territory immediately preceding the effective date of annexation to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said town. Section 4-10. Expenses of annexation referendums . The entire expense of the elections provided for, to be held within the town and in the territory proposed to be annexed, shall be paid by the Town of Irwinton. The ordinary shall certify to the clerk of the town the cost of holding the election in the territory proposed to be annexed, including reasonable compensation to the managers of said election, together with other reasonable expenses usually incident to elections. Section 4-11. Illegal voting in annexation referendum . Should any person vote in elections provided for in Sections 4-2 and 4-6 above, who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension) who has not continuously resided in the territory proposed to be annexed for at least six months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof, shall be punished as prescribed for violation of this charter. Section 4-12. Tax assessments in annexed territory . Upon the annexation of territory into the town, the governing authority of the Town of Irwinton shall make assessments of property located in said territory for the purpose of taxation so that taxation may become effective upon said property actually becoming a part of said town; said governing authority shall also enact such tax ordinance and other
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ordinances, make such appropriations, and perform such other functions regarding said territory, and its inhabitants as are necessary or expedient to govern properly said territory immediately upon its actual inclusion within the corporate limits of said town. ARTICLE V. ELECTIONS Section 5-1. Registration of voters; registration books . It shall be the duty of the town clerk to provide suitable permanent books for the permanent registration of the qualified voters of said town for any and all elections held in said town, of every kind and character and for all purposes; within ten days after registration books are provided, as herein required, the town clerk shall open the said registration books for the registration of the qualified voters of said town, and shall cause to be published in the first issue of the newspaper in which sheriff's advertisements are published for Wilkinson County, after the opening of the books, notice that the books are open for the registration of the qualified voters of said town. The books shall be kept open for the registration of voters at the town hall or such other place designated by the mayor and aldermen at all times during office hours, except Sundays and legal holidays, and except as herein otherwise provided. Section 5-2. Close of voter registration books . Voter registration books shall be closed at 5:00 p.m. twenty days before the election to be held for mayor and aldermen and/ or for aldermen as herein provided, and shall remain closed until after said general election for a period of two full weeks exclusive of the week in which the election is held. During the period the books are required to be closed by this section, no person shall be permitted to register. Section 5-3. Qualifications of voters . All persons who have been bona fide residents of the Town for six months before the day of election who, before registering as hereinafter required, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors.
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Section 5-4. Duty of clerk to register qualified voter; oath of registrant . It shall be the duty of the clerk, upon application in person and not by proxy, of any person who is qualified to vote for members of the General Assembly, and who upon the day of election, if then a resident will have resided in said town for six months prior thereto, to register the name of such person, recording on said list, besides the applicant's name, his age, occupation or business and the locality in the town where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register, and shall administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county for six months, and in this town for six months next preceding this registration, or that by the vote of the next town election, if still a resident of this city you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the day of election; and that you are eighteen years old, so help you God. Section 5-5. Appeal from denial of right to register to vote; inspection of registration book; purge of voting list . There may be an appeal from the decision of the clerk or registrar as to the right of a person to register, to a committee of three freeholders previously appointed by the mayor and aldermen for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided, it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of same. The registration books shall be open to the inspection of the public at all times during office hours. The clerk shall furnish a committee appointed by the mayor and aldermen a list of the registered voters, which they shall proceed to purge in the following manner: They examine the lists and make a separate list of names of all
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persons thereon who have died or who have removed from said town since registering and all who are otherwise disqualified and shall make the list, List of Disqualified Registered Names. Said list shall be posted in the vestibule of the town hall or county courthouse at least five days before the date set for hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the town hall or county courthouse. Section 5-6. Vote registration constitutes permanent record . The registration book or books made up as hereinbefore provided shall constitute a permanent record of all persons who become legally registered, until they become disqualified to vote in the Town of Irwinton under the requirements of the charter of said town. After any person registered as herein provided becomes disqualified, he shall no longer be considered registered, until such person registers again after the disqualification is removed. Section 5-7. List of voters to be furnished to election managers . It shall be the duty of the clerk or registrar to furnish the managers of elections at or before opening of the polls on the day of election, with a complete list of the registered voters, arranged in alphabetical order, certified to under the hand of the clerk of registrar, and the corporate seal of the town. Section 5-8. Management of elections; hours; polling places . Elections shall be conducted under the management of three freeholders, who are residents of said town and not candidates in said election, appointed as managers by the mayor and aldermen. Said managers shall conduct elections as near practicable as elections for members of the General Assembly are conducted. The polls at elections shall be open at 7:00 A.M. and close at 7:00 P.M. The mayor and aldermen may designate two or more voting places, if occasion should require, and may appoint three freeholders as managers of each.
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Section 5-9. Oath of elections managers . Elections managers shall, before proceeding with an election, take and subscribe the following oath: All and each of us do swear that we are qualified by being freeholders to hold this election; that we will make a just and true return thereof, and not knowingly prohibit anyone from voting who is entitled; and that we will not knowingly divulge for whom any vote was cast, unless called upon under the law to do so, so help us God. The town clerk or registrar shall administer the oath. Section 5-10. Affidavit of election managers; issuance of certificates of election; disposition of ballots and ballot boxes . The affidavit of oath shall be signed by each election manager in the capacity in which he acts and subscribed before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. The managers of said election shall proceed to count out the ballots, declare the result and issue certificates of election to the mayor-elect and aldermen-elect; provided, however, that said certificates of election and the results of said election shall not be issued by the managers until after the expiration of five days from the election. It shall be the duty of the managers at any election held under the provisions hereof after the ballots have been counted and the results have been ascertained, to replace all the ballots in the ballot boxes, together with a list of the voters and tally sheets, and seal the same and deposit the same with the Clerk of the Superior Court of the County of Wilkinson, who shall preserve the same and deliver it only as herein provided. The certificates thus issued as herein provided shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties, after qualification as hereinafter provided.
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Section 5-11. Record of certificates of election of mayor and aldermen; tally sheets . The managers of each election, in addition to their duty to issue to the newly elected mayor and each of the newly elected aldermen a certificate of election, shall certify the result of the election to the acting board of aldermen, which last certificate shall be entered upon the records of said mayor and aldermen. Said managers shall also furnish the mayor and aldermen one of the tally sheets of said election, certified to by them as being correct. Section 5-12. Contest of election; allowance for clerk's service . In the event anyone desires to contest any election had in said town, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the Clerk of the Superior Court to produce ballot box and deliver it to the Ordinary of Wilkinson County who shall take evidence in said case. The said clerk shall produce said box and said contents at the time and place fixed for taking testimony in said contest, and whenever he may be required to produce said box and its contents on account of said contested election, he shall be allowed five dollars for such services, to be paid from the treasury of said town. Section 5-13. Withholding certificate of election . In the event a contest for any office is instituted, the certificate of election shall not be delivered by the managers of said election until the contest is heard and determined, as required by law. It shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. Section 5-14. Eligibility to hold town office . No person shall be eligible to hold the office of mayor or aldermen in said city unless he is twenty-five years old, a qualified elector of the town of Irwinton, a freeholder in said town, and shall have resided in the town for a period of six months immediately preceding his election. Section 5-15. Candidates for mayor or alderman; statement, certificate required; time of election; filing fee . For
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the purpose of electing aldermen for the Town of Irwinton, there are hereby created four (4) alderman posts, to be numbered consecutively from one through four. An election shall be held on the second Wednesday in December, 1969, for the purpose of electing four aldermen to fill the office of Post No. 1, Post No. 2, Post No. 3 and Post No. 4 in the Town of Irwinton. Every person desiring to become a candidate for either the office of mayor or for the office of alderman of the said Town of Irwinton shall file or cause to be filed with the Clerk of the Town of Irwinton, not later than twenty days before the general election, which election shall be held on the second Wednesday in December, biennially, a statement of his or her candidacy, reciting that he is offering for mayor or as alderman, and, if offering as alderman, said statement shall designate the post number which such candidate desires to succeed to. The candidate shall further file with the clerk of the Town of Irwinton a certificate sworn to by him that he is qualified to fill the office to which he seeks election. All candidates for the office of mayor or for the office of alderman shall be elected by the voters of the town at large and a candidate must attain a majority of the votes cast in any election to be elected. In instances where no candidate receives a majority of the votes cast, a runoff election shall be held, between the two candidates receiving the highest number of votes, on the fourteenth day after the day of holding the first election. The candidate receiving a majority of the votes cast in such runoff election shall be declared the winner. Each candidate for mayor shall pay a filing fee of ten dollars when filing the statement of candidacy and certificate; each certificate for alderman shall pay a filing fee of five dollars. ARTICLE VI. RECORDER'S COURT Section 6-1. Recorder's court created; presiding officer . There is hereby created a recorder's court for the trial of the offenses and offenders against the laws and ordinances of the Town of Irwinton, such court to be called the recorder's court, to be presided over by the Mayor of the
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Town of Irwinton. However, if the mayor and aldermen deem it to the best interest of the town to do so, they shall appoint a town recorder for said court, and when so appointed and qualified as hereinafter provided, he shall have full authority as judge of said court for the administration of its affairs. His salary shall be fixed by the mayor and alderman, and he shall take such oath as may be prescribed by the mayor and aldermen, and shall be subject to removal, with or without any stated cause, upon a majority vote by the mayor and aldermen. Any vacancy in the office of town recorder, by reason of death, resignation, removal or other reason, shall be filled by appointment of the mayor and alderman. In case of his disqualification or absence, the mayor or mayor pro tem may hold such said court and may exercise all the powers conferred by law or this charter upon the recorder. Section 6-2. Penalty for violation of laws, ordinances . The recorder or any authorized presiding officer of the recorder's court may punish for any violation of a town ordinance or law by fine not exceeding five hundred dollars ($500.00); by imprisonment not to exceed ninety (90) days; work in the workgang on the public street, or on such public works as the authorities may employ the workgang, not to exceed thirty (30) days; or by any one or more of these punishments in the discretion of the recorder or presiding officer of said court. Section 6-3. Authority of recorder as justice of the peace . The recorder shall to all intents and purposes be justice of the peace, so far as to enable him to issue warrants for offenses committed within the town, which warrants may be executed by any member of the police force of the town, and to commit the offenders to the town prison or county jail of Wilkinson County, or to admit them to bail in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county.
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Section 6-4. Sentence for contempt . When sitting as a court, the judge or presiding officer thereof, shall have the power to punish for contempt by fine not exceeding one hundred dollars ($100.00), by imprisonment, in the manner prescribed aforesaid not exceeding thirty (30) days, or by one or both, or any part thereof, in the discretion of the presiding officer. Section 6-5. Warrants; form, scope, execution; recorder's authority to hear evidence, grant, bond . The recorder shall be authorized to issue warrants for any offense under any law or ordinance of the Town of Irwinton or this State, and when the offense is against State laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a State court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the Town of Irwinton, the arresting officer shall carry the same before the recorder's court, where same shall be disposed of as other cases of arrest not under warrant. All warrants issued by the recorder, or anyone authorized to preside in the recorder's court, shall be directed to the Chief of Police of the Town of Irwinton, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia, and any one of said officers shall have authority to execute warrants. Section 6-6. Rules of practice in recorder's court; competency of officers as witnesses . The rules of practice in the recorder's court, so far as practicable, shall be the same as the rules of practice in the superior court of this state. Section 6-7. Witnesses . The recorder, or any authorized presiding officer of the recorder's court shall have power and authority to subpoena witnesses to attend the recorder's court, under the same rules and regulations that regulate and govern the superior courts of this State, to compel attendance, and to punish any witness who has been duly subpoenaed and fails to attend, under the provisions heretofore provided for contempt.
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Section 6-8. Appearance bonds; posting, forfeiture, execution . Any police officer of the Town of Irwinton shall release any person arrested for a violation of any law, regulation or rule of said municipal government upon such person posting bonds payable to the Town of Irwinton in an amount and surety approved as directed by the recorder, conditioned for the appearance of such persons 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 persons so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited, and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof, provided such person or persons are residents of said town, and such service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the Town of Irwinton and the recorder, and shall be directed to all police officers of said city and to all and singular the sheriffs and constables of this State, and the same when so issued shall be a lien upon all property, real or personal, of such parties, and of binding effect upon such property of the defendants therein as if the same were issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed. However, any police officer of said town, when the emergency of the occasion demands it, may require cash bonds for the appearance of such arrested person or persons,
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and upon their failure to appear at trial thereof, said cash bond may, in the discretion of the town recorder, be regarded as a fine and so assessed by said recorder. Section 6-9. Ministerial officers of recorder's court; attendance, duties . The ministerial officers of the recorder's court shall be the policemen of the Town of Irwinton, to whom all mesne and final processes shall be directed. Said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such duties connected with said court as may be required of them. Section 6-10. Rights of appeal, certiorari; costs; bond required; failure to give bond . Any person convicted before the recorder or other presiding officer of the recorder's court, may enter an appeal from the judgment of said court to the mayor and aldermen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, that the defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk. The said mayor and aldermen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the recorder's court, or to increase it at their discretion. Any person convicted by the mayor and aldermen on the appeal shall have the right to petition the Superior Court of Wilkinson County for issuance of a writ of certiorari, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case. Nothing in this Section shall prevent the defendant who desires to obtain a writ of certiorari therefor from he superior court from doing so; provided, however, that the applicant failing to give bond and security may, in the discretion of the recorder, be placed in the town prison or county jail to await the final judgment of the appeal above
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mentioned. Nothing in this Section shall be construed to prevent any person convicted in the recorder's court of a violation of any ordinance of said city from petitioning for a writ of certiorari directly to the superior court in accordance with provisions of State law in such cases. Section 6-11. Hearing on certiorari; notice; costs; forfeiture of bond . The judge of the superior court who grants certiorari may hear the same after giving notice to each party, or his attorney, of the time and place of hearing, the mayor being required to certify and send up to the superior court a complete and accurate history of the case, as his answer to the petition of certiorari, and the defendant having the right to traverse said answer as provided by law. The mayor and aldermen shall pass ordinances regulating the costs for appeals and certiorari; and for the forfeiture of all bonds. ARTICLE VII. TAXATION, FINANCE AND REVENUE Section 7-1. Fiscal year . The fiscal year of the town shall be fixed by ordinance or resolution of the mayor and aldermen, duly entered upon the minutes. Section 7-2. Budget . No expenditures of money, except disbursements for normal purposes, shall be expended by the mayor and aldermen during the first two months of any fiscal year until a budget has been prepared and adopted. The budget shall include in its anticipation for the ensuing fiscal year a sum not to exceed the normal revenue collections of the town anticipated from all sources during the ensuing year. The mayor and aldermen shall appropriate a sum sufficient to pay the annual debt service, including sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department or departments by the mayor and aldermen during the year. Should the revenue of the town be less than the amount anticipated, it shall be the duty of the mayor and aldermen to amend the budget in order to reflect such decreased revenue; in the event the revenue of the town is greater than the amount anticipated, and such increase is definite
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and reasonably certain, the mayor and aldermen may amend the budget in order to reflect such increase in revenue. Section 7-3. Deficits . If at any time during the year expenses exceed revenues and a deficit is created, it shall be the duty of the mayor and aldermen, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has occurred. Section 7-4. Borrowing money authorized . The mayor and aldermen shall have authority to borrow money to meet casual deficiencies in the revenues of the town; provided, however, that loans negotiated for such purpose shall not extend over a period longer than twelve months and shall be repaid from the revenues of the current year, for which provision shall be made by tax levy. Section 7-5. Annual audit of finances required; publication . The mayor and aldermen, at the end of each fiscal year, shall have an annual audit conducted by a certified public accountant, covering all financial transactions entered into by said mayor and aldermen or by any board, commission, agency, department or officer of the town in behalf of the town for that year. When such audit has been completed, it shall be published by the mayor and aldermen either in the official newspaper or by posting a copy in the town hall or courthouse, the method of publication being within the discretion of the mayor and aldermen. Section 7-6. Taxes; authority to levy, provide for collection . The mayor and aldermen of said town shall have power and authority to levy and collect an ad valorem tax upon all property, real and personal, within the corporate limits of the town, which is taxable under the laws of this State, and to provide the manner in which the same shall be collected. Section 7-7. Execution for unpaid taxes or licenses . Should any person fail or refuse to pay a tax or license imposed by the town within the time allowed or prescribed by ordinance, the clerk shall issue an execution against such
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delinquent taxpayer for the amount due by him to the town which shall be signed by the town clerk in his official capacity and bear teste in the name of the mayor and aldermen of the Town of Irwinton. Section 7-8. Advertisement, conduct of execution sales . All sales of property under execution in favor of said Town of Irwinton shall be advertised in the official newspaper in which sheriffs' sales are advertised, and such sales in all respects shall be made and conducted in the same manner as sheriff's sales under execution are now made in this State. Section 7-9. Levy and sale under tax execution; possession . Executions for unpaid taxes or license fees shall bind all the property of a defaulting taxpayer owned in said town on the first day of April in the year for which the same are delinquent. Said executions shall be directed to and enforced by the Chief of Police, who, after levying the same upon the property of such defaulting taxpayers, shall, if the property be personal property, advertise the sale by posting notice in three of the most public places of said town ten days before the date of sale; and if the property be real estate, by advertising the same once a week for four weeks in the official organ of said town before selling the same. All sales under such executions shall be made by the Chief of Police before the door of the council chamber, courthouse, or at such places as may be prescribed by ordinance, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the Chief of Police at public outcry to the highest and best bidder. Where the sale is of personal property, the Chief of Police shall deliver possession thereof to the purchaser. When real estate is sold, the Chief of Police shall execute a deed to the purchaser, which shall be as effectual in passing title as the deed to the person against whom the execution is issued, and it shall be the duty of the Chief of Police, upon application of the purchaser or his agent, to put said purchaser, or agent in possession of the real estate sold; provided,
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however, that the Chief of Police shall not be authorized to turn out any person other than such delinquent taxpayer, his heirs, tenants or assigns as of a time subsequent to the time when the lien of the town taxes attached. Section 7-10. Disposition of costs on execution . The town clerk shall be entitled to one dollar ($1.00) for each writ of fieri facias issued, and the Chief of Police shall be entitled to the same fees for levies as are hereby allowed bailiffs in this State, and to the same fees for selling as are required by sheriffs for selling property in this State; provided, however, that the mayor and aldermen may, by ordinance, provide for all such costs to be paid into the town treasury. Section 7-11. Authority to regulate returns, payment of taxes and licenses . The mayor and aldermen of said town shall have power and authority to prescribe the time and manner in which all persons shall return for taxes all property of every kind and nature, and also when all business and occupation tax and licenses shall be paid to the town. Section 7-12. Appointment, duties of tax assessor . The mayor and aldermen shall have power and authority each year, if in their discretion they see proper, to appoint three tax assessors, whose duty it shall be to value the real estate in said city for taxation and to scrutinize carefully each return of property, real and personal, by any taxpayers of the town and, if in their judgment they find the property embraced in a return, or any portion of it, returned below its proper value, they shall assess the value thereof. Section 7-13. Arbitration of assessment valuation . Whenever the assessors shall raise the valuation of which a taxpayer has returned his property, they shall give him written notice of their assessment and it shall be the taxpayer's privilege is dissatisfied with the assessment within ten days after notice, to have the matter arbitrated by three disinterested freeholders, who are residents of the town, one of whom shall be selected by him, one by the assessors and the third by the two selected; and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The mayor and aldermen shall have
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the authority to fix the compensation of the said arbitrators and shall pass such ordinance pertinent thereto as they deem proper. Section 7-14. Bond issues, elections for public improvements . The mayor and aldermen of said city shall have power and authority to order elections at various times to determine the issue of bonds, and to issue and/or hypothecate bonds in accordance therewith, for all public improvements as they may deem necessary; that they may issue the same for the purpose of purchasing, building or enlarging the waterworks and sewer system of the town; to establish a light plant; to erect a town hall where the public business of the town shall be transacted; to curb and pave the streets; to purchase sites, erect and equip public school buildings; and for any such other public improvements as they may deem proper; and they shall provide how the public debt of the town shall be paid, and may constitute such sinking fund for that purpose, if they may deem it necessary. Section 7-15. Tax levy to amortize bonds authorized; interest coupons . The mayor and aldermen of said town are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property in said town, real and personal, to pay the principal and interest on bonds as they shall become due. This tax shall be separately assessed, levied, and collected for the specific purpose herein designated and shall not be used or applied to any other purpose whatever. Said mayor and aldermen are hereby authorized and empowered to issue interest coupons payable annually for the interest on said bonds. Any money received and collected under this charter and remaining after the payment of maturing interest coupons and bonds each year, shall be held by the mayor and aldermen as a sinking fund for the payment of the bonds and interest maturing the next year. Section 7-16. Execution, registration, sale of bonds . Any bonds issued pursuant to the authority in this charter shall be signed by the mayor and clerk of said town and registered and sold in manner and in such sums and at such
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times as the mayor and board of aldermen may determine for the best interest of said town and the speedy execution of the objects thereof. ARTICLE VIII. MISCELLANEOUS Section 8-1. Terms of officers . All present officers of said town shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. An election shall be held on the second Wednesday in December, 1968, for the purpose of electing a mayor and four councilmen. The mayor and two candidates for council receiving the largest number of votes at such election shall serve for a term of two years, and until their successors are elected and qualified. The other two councilmen shall serve for one year only. Beginning on the second Wednesday in December, 1969, and every year thereafter, an election shall be held to elect the successors to the mayor and councilmen whose terms expire the first day in January of the year next following such election. The successors to the mayor and councilmen elected in 1968 and all future successors shall take office on the first day of January in the year next following their election and shall serve for a term of two years and until their successors are elected and qualified. It is the intent and purpose of this Section to change the present terms of the mayor and councilmen from a one-year term to a two-year term and to stagger the terms of the councilmen. All such elections shall be conducted in the same manner as elections for the 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 8-2. Existing ordinance preserved . This charter Act shall not abolish any of the ordinances now in effect in said town except where they are in conflict with this charter, but the same shall be preserved and continued. Section 8-3. Existing Acts preserved . All other Acts heretofore approved by the General Assembly relating to the Town of Irwinton, except such part or parts thereof as
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may be in conflict with this charter and except for the Acts specifically repealed herein, shall be and they are hereby continued in operation, confirmed and consolidated with and made a part of this charter. Section 8-4. Severability . If any provision of this Act shall be held to be unconstitutional, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect. Section 8-5. Specific Act repealed . An Act to create and establish a New Charter for the Town of Irwinton, approved August 13, 1904, (Ga. L. 1904, p. 482, as amended by an Act approved August 18, 1923, (Ga. L. 1923, p. 682), is hereby repealed in its entirety. Section 8-6. Repeal of conflicting laws . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Jan.-Feb. 1968 session of the General Assembly of Georgia, a bill entitled, An Act to incorporate the Town of Irwinton, Georgia, and to grant a new charter to said Town and for other purposes, being an Act to amend and replace an Act of the General Assembly of Georgia approved August 13, 1904, and the Acts amendatory thereof, so as to repeal the Charter of the Town of Irwinton, and to enact in lieu thereof a new Charter for said Town, and for other purposes. This 16th day of January, 1968. /s/ A. T. Land, Sr. Representative, Wilkinson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Land, Sr.,
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who, on oath, deposes and says that he is Representative from Wilkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of said County, on the following dates: Jan. 18 and 25, February 8, 1968. /s/ A. T. Land, Sr. Representative, Wilkinson County Sworn to and subscribed before me, this the 10 day of February, 1968. /s/ Shirley B. Sloan Notary Public, Georgia, Wilkinson County. My Commission expires Aug. 11, 1971. (Seal). Approved April 8, 1968. CITY OF VIDALIANEW CHARTER. No. 1008 (House Bill No. 1518). An Act to create a new charter for the City of Vidalia in the County of Toombs; to amend, consolidate and supersede all laws of force and on record pertaining to said city; to provide for an index to said charter; to provide for the government of said City; to prescribe the corporate limits of said City; to provide for the powers, authority and jurisdiction of the City of Vidalia over every part of annexed territory of the City; to provide for the conveyance of property sold under any process of the City; to prohibit any interest in contracts and purchases by the Mayor and Councilmen and officers of the City; to provide for the Mayor and Council of the City and the officers and employees thereof, their selection, oath, bond, duties, powers and compensation; to provide for the appointment of a Mayor Pro Tem; to provide for meetings;
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to provide for a quorum; to provide for the convening of the Council by the Mayor; to provide that the Mayor shall be presiding officer of the Council; to provide for public meetings; to provide for exceptions; to provide for rules and order of business; to provide for minutes; to provide for access to minutes by citizens; to provide for approval of ordinances by the Mayor; to provide for veto powers by the Mayor; to provide that the Mayor shall be the presiding officer of the police court in the absence of the city recorder; to provide for the authority of the Mayor when presiding over the police court; to provide that the Mayor shall sign deeds and contracts; to provide that the Mayor shall have all of the powers of a justice of the peace; to provide for the impeachment of the Mayor and Council and the vote required; to provide for the election of city officers by the Mayor and Council; to provide for the office of city manager; to provide for the term of office, duties and compensation of the city manager; to provide for the suspension, fine and removal from office of all officers elected by the Mayor and Council; to provide for the duties of the city clerk, city treasurer, city attorney and city tax assessors; to provide for the establishment of a police department; to authorize the city manager to employ police officers one of whom shall be designated as Chief of Police with the consent of the Mayor and Council; to provide for the duties and compensation of the Chief of Police and other police officers; to provide for the establishment and maintenance of a fire department; to prohibit contracts with appointive officers and employees of the City for personal services; to create a beautification commission; to provide for the purposes of the commission; to provide for the election, terms of office and compensation of members of the commission; to provide for the organization, finances and reports of the commission; to provide for the procedure for adopting ordinances and resolutions; to provide for the scope of the police and legislative powers of the City; to provide for the scope of ordinances, rules and bylaws of the City; to provide the enumeration of powers shall not be held or deemed to be exclusive; to provide for a code of ordinances,
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resolutions and rules; to provide for their adoption, modification, and repeal; to enumerate the corporate powers of the Mayor and Council; to provide for ordinances; to provide for the abatement of nuisances; to authorize the Mayor and Council to promulgate public health and sanitation regulations, to police public places and protect the water supply, to enact ordinances to protect against fire, to regulate the building or the repairing or the removal of buildings, to regulate safety of buildings, to require the construction of fire escapes and exits in buildings, to grant franchises, easements and rights of way, to control city parks and playgrounds, to regulate streets, avenues, alleys and obstructions thereof, to condemn property for streets, sidewalks and public places, to control and supervise the streets, sidewalks and public places, to open, close, widen and change streets; to prescribe the procedure for the payment of the cost of the street construction, maintenance and repairs; to provide for the issuance of negotiable certificates; to provide that the Mayor and Council shall have full power and authority to enact ordinances necessary for the drainage and proper maintenance and care of the streets, sidewalks and other public places; to provide that the Mayor and Council shall have the power and authority to require any railroad company to maintain and repair railroad rights of way; to provide for the establishment, maintenance, repair and extension of water, sewage, electrical and natural gas systems; to provide for the issuance of bonds for debts and public improvements; to authorize the Mayor and Council to levy and collect an ad valorem tax for general city purposes, school purposes, bond purposes and development authority purposes; to provide that the Mayor and Council shall have the power and authority to assess, levy and collect an annual garbage and sanitation tax; to provide for the returns of property for taxation; to provide for the content, procedure and issuance of executions for any and all taxes or licenses; to provide the procedure for contesting the assessment of property for taxes; to provide that the Mayor and Council shall have the right and authority to tax, license, regulate and control businesses, occupations, trades, callings and other
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pursuits; to provide for the registration and special tax on trades, businesses, vocations, professions, callings and other pursuits; to provide for the licensing and regulation of dealers in and handlers of food and food products; to provide for the licensing and regulating and control of signs and billboards; to authorize the Mayor and Council to borrow money; to provide for a City depository; to authorize the Mayor and Council to regulate the selling, weighing and measuring of all articles and commodities sold by weight and measure; to provide that the Mayor and Council shall have the authority to regulate traffic, trains, vehicles for hire, plumbers and plumbing, the storage and sale of explosives, combustibles and the sale and discharge of fireworks, cemeteries, animals and fowl; to provide for the taxation and registration of dogs; to provide the operation of a municipal pound; to provide that the Mayor and Council shall have the authority to prohibit cruelty to animals, loitering and loafing; to provide that the Mayor and Council shall have the authority to restrain and punish vagrants, beggars and prostitutes; to prohibit and punish keepers and inmates of bawdy assignation and disorderly houses; to prohibit amusements, noises and other activities interfering with the peace and quiet of inhabitants; to prohibit gambling and the authority to provide for working of convicts and the custody of prisoners; to provide for the establishment and operation of hospitals and institutions; to authorize the Mayor and Council to participate in emergency plans with disaster stricken cities; to provide for the establishment and maintenance of a book of ordinances of the City of Vidalia; to provide for the establishment of a police court; to provide for a presiding officer; to provide for a time and place of sessions; to provide for the jurisdiction and powers of the police court and the presiding officer thereof; to provide for bonds; to provide for the forfeiture of bonds; to provide for appeals; to provide for the establishment of the office of City Recorder; to provide for his qualifications, oath of office, term of office, compensation and duties; to provide for penalties and procedures on arrest; to provide for the registration of voters; to
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provide for the qualifications of voters; to provide the procedures for registration; to provide for elections; to provide for the division of the city into wards; to provide for the election of councilmen by wards and at large; to provide for the election of the Mayor and Councilmen by the voters of the entire city; to provide for the qualifications of candidates for Mayor and Councilmen; to provide for the time of election; to provide for the method of election; to provide for the recall of elective officers; to provide the procedure for recall; to provide for the submission of ordinances and resolutions enacted by the Mayor and Council to the people for repeal; to provide for the procedure for submitting ordinances and resolutions to the people for repeal; to provide for the succession to rights, privileges, remedies, debts and liabilities of said City; to provide for the preservation of ordinances and resolutions; to provide for the preservation of legislation pertaining to the public school system; to provide for the preservation of existing officers, salaries, fees, licenses and special taxes; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Article I. General Provisions, Sections 1-1 through 1-8 Article II. Mayor and Council Sections 2-1 through 2-25 Article III. City Officers and Employees Sections 3-1 through 3-19 Article IV. Powers of City Sections 4-1 through 4-71 Article V. Book of Ordinances Sections 5-1 through 5-9 Article VI. Police Court Sections 6-1 through 6-25 Article VII. Penalties and Procedures on Arrest, Sections 7-1 through 7-12 Article VIII. Registration of Voters Sections 8-1 through 8-21 Article IX. Elections Sections 9-1 through 9-24 Article X. Recall of Elective Officer Sections 10-1 through 10-16 Article XI. Initiative and Referendum Sections 11-1 through 11-14 Article XII. Directory and Transistory Provisions Sections 12-1 through 12-8 ARTICLE I. GENERAL PROVISIONS Section 1-1. Incorporation; Name; Style and Designation . The City of Vidalia, in Toombs County, heretofore made a body politic and corporate by Acts of the General Assembly of said state, under the name of Mayor and Council of the City of Vidalia, shall continue a body politic and corporate, known by the corporate name of the City of Vidalia, hereinafter also referred to as the city. Section 1-2. City's Powers as body politic and corporate . As a body politic and corporate, the city shall have power to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this state or of the United States, with power in and by its corporate name to sue and be sued, plead and be impleaded in all courts, have and use a corporate seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its mayor and councilmen, shall have all of the powers and privileges incident to municipal corporations under the laws of the state, and all other powers necessary
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and proper to make, regulate, maintain and preserve a proper and legal government for said city. Section 1-3. Corporate limits designated . The center of the City of Vidalia is hereby established at a point in the center of the main line of the Seaboard Coast Line Railroad and the center of Morris Street where the same intersects with the main line of said railroad in the City of Vidalia, and the territorial limits of said City shall extend two (2) miles in all directions; it shall also include the following additional area: Beginning at a point where such line intersects with the west margin of the Aimwell Road that runs by the Vidalia Municipal Airport, and running thence in a southernly direction along the west margin of the said Aimwell Road to the point where the west margin of said Aimwell Road is intersected by the arc of a circle with a radius of 2 miles, said radius beginning at the center of Vidalia, Georgia, above established and continuing thence in a northeasternly direction along said arc to the point where it intersects the western margin of the Vidalia Municipal Airport; thence around the Vidalia Municipal Airport as follows, to wit: South 41 degrees 40 minutes East a distance of 183 feet to a point; thence South 57 degrees 10 minutes East a distance of 695.6 feet to a point; thence South 26 degrees 34 minutes East a distance of 1,565.3 feet to a point; thence North 63 degrees 26 minutes East a distance of 782.6 feet to a point; thence due South a distance of 1,450.0 feet to a point; thence South 76 degrees 41 minutes East a distance of 452.0 feet to a point; thence South 33 degrees 28 minutes West a distance of 330.0 feet to a point in the run of Jones Branch; thence down the run of Jones Branch a distance of 1,387.0 feet to a point; thence South 84 degrees 30 minutes East a distance of 1,157.9 feet to a point; thence South 30 degrees 18 minutes East a distance of 553.2 feet to a point; thence North 38 degrees 29 minutes East a distance of 220.0 feet to a point; thence North 03 degrees 14 minutes West a distance of 410.00 feet to a point; thence North 50 degrees 28 minutes East a distance of 356.2 feet to a point; thence North 55 degrees 39 minutes East a distance of 370.5 feet to a point; thence North 08 degrees 24 minutes West a distance of 1210.4 feet to a point; thence
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North 23 degrees 48 minutes West a distance of 548.8 feet to a point; thence South 89 degrees 30 minutes East a distance of 171.4 feet to a point; thence North 44 degrees 21 minutes East a distance of 568.8 feet to a point; thence North 80 degrees 34 minutes East a distance of 80.0 feet to a point; thence North 73 degrees 42 minutes East a distance of 152.1 feet to a point; thence North 57 degrees 28 minutes East a distance of 102.6 feet to a point; thence South 23 degrees 20 minutes East a distance of 119.9 feet to a point; thence North 65 degrees 37 minutes East a distance of 1,009.6 feet to a point; thence North 01 degree 31 minutes West a distance of 83.0 feet to a point in the run of a branch; thence along the run of said branch in an easternly direction until it flows into Virgil Branch; thence with the run of Virgil Branch in a northernly direction a distance of 1,933.7 feet to a point; thence North 82 degrees 25 minutes East a distance of 550.0 feet to a point; thence South 86 degrees 42 minutes East a distance of 539.7 feet to a point in the run of a branch; thence up the run of said branch a distance of 1,347.7 feet to a point; thence further up the run of a branch in a northwesterly direction a distance of 1,163.6 feet to a point; thence North 9 degrees 51 minutes East a distance of 1,905.3 feet to a point; thence North 79 degrees 27 minutes West a distance of 260.8 feet to a point; thence North 79 degrees 58 minutes West a distance of 337 feet to a point; thence with the run of Little Rocky Creek a distance of 1,202.2 feet; thence South 55 degrees 39 minutes West a distance of 39.0 feet to a point; thence South 54 degrees 08 minutes West a distance of 1,180.5 feet to a point; thence leaving the lines of the Vidalia Municipal Airport and running North 9 degrees 42 minutes East a distance of 5,229.2 feet to a point; thence South 79 degrees 29 minutes West a distance of 5,190.00 feet; South 79 29 West a distance of 5,190.0 feet to a point of intersection with the above described two (2) mile radius line; except that it shall not include the enclave City or Town of Charles, Georgia. Section 1-4. SameAuthority, Jurisdiction over annexed territory . The power, authority and jurisdiction of the City of Vidalia are hereby extended over and made effective in every part of annexed territory; the power and
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authority of the officers of said city and the police court thereof are likewise extended over such territory in as full manner as over the present limits of said city; the power of taxation, of making local assessments, fixing licenses for regulating business, the power to assess, issue execution and in case of default to sell property assessed for taxes or assessments in the same manner as authorized by the charter of said city; the power and authority of the mayor and council and all boards of said city are likewise extended over said annexed territory. The property, real and personal, now or hereafter located in said added territory, is hereby made subject to all outstanding and future bonds issued by said city and shall be bound for the payment thereof equally with the other portions of said city. Section 1-5. Conveyance of property sold under process of city . Whenever any real property is sold under any process of the city the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such property that may be sold under execution for city taxes shall be subject to redemption within the period allowed by law of property sold under execution for state and county taxes. Section 1-6. Interest in contracts, purchases, sales prohibited . Neither the mayor, nor any member of the council, nor any city officer, shall be interested, directly or indirectly, in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid out of the public revenue, or for which the city becomes responsible. ARTICLE II. MAYOR AND COUNCIL Section 2-1. Mayor, five councilmen elective officers of city . The elective officers of the city shall consist of a mayor and five (5) councilmen who at the time of their election must be qualified and registered voters of said city. The mayor and councilmen now in office shall serve for the terms for which they were elected and until their successors are elected and qualified.
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Section 2-2. Terms of councilmen . All councilmen shall be elected for terms of four (4) years, shall take office on the first Monday in January immediately succeeding their election. There shall be an election each two (2) years so that the terms of councilmen shall remain staggered as herein provided. Councilmen shall serve until their successors are elected and qualified. Section 2-3. Term of mayor . The mayor shall take office on the first Monday in January immediately succeeding his election and shall serve for a term of four (4) years and until his successor is elected and qualified. Section 2-4. Residence requirements; effect of change of residence . Should a councilman remove his residence from the ward from which he was elected, or should a councilman at large remove their residences from the city, such removal shall effect an automatic vacancy in the office held by the person so moving. Section 2-5. Vacancy in office of mayor . In the event the office of the mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem shall act as mayor during the balance of said term, and exercise all the rights and powers of the mayor during said term; provided, that at the time of such vacancy, there shall be not more than six (6) months before the expiration of said mayor's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-6. Vacancy in council . A vacancy occuring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided, at the time of such vacancy there shall be not more than six (6) months before the expiration of said councilman's term of office. If said unexpired term is longer than six (6) months from the date
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of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-7. Oath of office . The mayor and council shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or member of council) of the City of Vidalia during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of said city; that I will not wilfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof, so help me God. Section 2-8. Salary of mayor . The mayor shall receive a salary not exceeding two thousand four hundred dollars ($2,400.00) per year, the council may fix. Section 2-9. Salaries of councilmen . Each councilman shall receive a salary not exceeding one thousand two hundred dollars ($1,200.00) per year, as the council may fix. Section 2-10. Mayor and council constituted governing body of city . The mayor and council shall constitute the legislative and governing body of the city, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority granted by this charter. Section 2-11. Appointment, authority of mayor pro tem . The mayor shall appoint a mayor pro tem from the members of the council, who shall in the absence of the mayor have all the power vested in the mayor by this charter. Section 2-12. Meetings; Quorum fixed . The mayor and council shall meet once each month at such time and place
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as is fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by him. Three (3) members shall constitute a quorum. Section 2-13. Duty, authority of mayor to convene council . The mayor shall convene the council 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; provided however, that in the event the mayor refuses to convene the council when requested to do so as provided above, the council shall have the power and authority to call itself into session. Section 2-14. Mayor as presiding officer of council . The mayor of the city shall be the presiding officer of the council, and cast the deciding vote in case of a tie. Section 2-15. Meetings to be public; exception . All meetings of the mayor and council shall be in public, except such executive sessions as may be provided for by ordinance. Section 2-16. Rules and order of business . The mayor and council shall have the power to establish its own parliamentary rules and order of business. Section 2-17. Minutes of proceedings to be kept . The mayor and council shall keep minutes of its proceedings in a special minute book kept for that purpose. Section 2-18. Access to minutes, records of meetings . Any citizen shall have access to the minutes and records of meetings of the mayor and council at all reasonable times, at the office of the city clerk. Section 2-19. Approval of ordinances by mayor; effect of lack of approval . All ordinances adopted by the mayor and council shall be signed and approved by the mayor, but any ordinance shall become law without the signature of the mayor unless the mayor within four (4) days after its enactment shall deliver to the city clerk his written veto thereof.
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Section 2-20. Veto power of mayor . 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 (4) days of its passage, the same shall become a law just as if approved and signed by the mayor. Section 2-21. Mayor as presiding officer of police court. The mayor shall have authority to preside over the police or recorder's court in the absence of the recorder for the trial of offenders against the ordinances of the city, and shall have power to impose such fines as are provided for in this charter. Section 2-22. Authority of Mayor to remit, reduce fines, to parole offenders . The mayor shall have the power and authority to remit or reduce the fines imposed in the police court of the city upon persons convicted therein for violating any of the laws or ordinances of said city, and shall also have the authority to parole on good conduct persons convicted in said court of violating the laws and ordinances of said city under such rules and regulations as the mayor and council may by ordinance prescribe. Section 2-23. Mayor to sign deeds and contracts . 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. Section 2-24. Mayor as justice of the peace . The mayor shall have all the powers of a justice of the peace to issue warrants, try and commit to the superior court of Toombs County and to the City Court of Lyons for trial all violators of the laws of this state for offenses committed within the corporate limits of the city.
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Section 2-25. Impeachment of mayor, councilman; vote required . The mayor or any councilman, upon impeachment and trial for and conviction of malpractice in office, of any wilful neglect or of any abuse of the powers and duties of same by a four-fifths (4/5) vote of the members entitled to vote, the mayor voting except in case of his own impeachment, shall be dismissed from office. Reasonable notice and a fair hearing shall be given the accused. ARTICLE III. CITY OFFICERS AND EMPLOYEES Section 3-1. Designation, term generally . At the first regular meeting of the Mayor and Council after its qualification, or as soon thereafter as practicable, the following municipal officers of the City shall be elected by the Mayor and Council and shall hold their office for a term of one (1) year and until their successors are elected and qualified, to wit: An attorney, a city tax assessor or assessors and an auditor. The City Manager, department heads and all other employees shall be employed as hereafter prescribed. Section 3-2. Selection of officers, prescribing duties, fixing compensation . The office of City Manager is hereby created. The Mayor and Council shall appoint a City Manager who shall be the chief executive officer and the head of the administration branch of the city government. The City Manager shall be chosen by majority action of the Mayor and Council solely on the basis of his executive and administrative capabilities and qualifications, with special reference to his actual experience in, or his knowledge of, accepted practices in the field of municipal management and finance. No member of the Council shall be appointed City Manager during the term for which he shall have been elected. The City Manager shall be appointed for an indefinite term. Upon vacancy in the office of City Manager for any cause, the Council shall proceed to locate a qualified replacement as soon as practicable. The City Manager, during his term of office, may be removed by a majority vote of the Mayor and Council. At
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least thirty (30) days before such removal may become effective, the City Manager shall be furnished with a formal statement from the Council stating their intentions to remove him and the reasons therefor, with reasonable particularity. The City Manager may reply in writing to such notice if he so desires. The Mayor and Council may fix a time for a public hearing upon the question of his removal if they so desire; and if, within five (5) days after his receipt of notice from the Mayor and Council of their intention to remove him, the City Manager shall request a public hearing, then the Mayor and Council shall fix a time for a public hearing upon the question of his removal; and if, in either event, a time for a public hearing upon the question of his removal is fixed by the Mayor and Council, the final resolution removing the City Manager shall not be adopted until such public hearing has been held. Upon notifying the City Manager of their intention to remove him, the Mayor and Council may suspend him from duty but his pay shall continue until his removal shall become effective as herein prescribed. The action of the Mayor and Council in removing the City Manager shall be final and conclusive and not subject to review. In case of the absence, disability or suspension of the City Manager, or in case of a vacancy in the office of City Manager, the Mayor and Council may designate a qualified person to temporarily perform the duties of the City Manager during such absence, disability, suspension or vacancy, or the Mayor and Council shall have the power and authority to perform all of the functions of the City Manager. The City Manager shall receive such compensation as may be prescribed by the Mayor and Council. The City Manager shall devote all of his working time and attention to the affairs of the City and shall be responsible to the Mayor and Council for the efficient administration of all of the affairs of the City over which he has jurisdiction. The City Manager shall have the following powers and duties:
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(a) To see that all laws and ordinances of the City are enforced. (b) To appoint, subject to the confirmation of the Mayor and Council, the heads of such departments as the Mayor and Council shall from time to time establish, and to appoint, without the confirmation of the Mayor and Council, such other officers and employees as may be necessary or proper. (c) To remove department heads only after consultation with the Mayor and Council; to remove other officers and employees of the City of Vidalia without the consent of the Mayor and Council. The City Manager shall be authorized to recommend to Council a clerk and a treasurer, one person being eligible to fill both places, and to designate the duties, compensations and terms of that office. (d) To fix all salaries and compensation of the department heads of various city departments within the minimum and maximum limits prescribed by Council, and to fix all salaries and compensation of all other city employees lawfully employed by him. (e) To exercise supervision and control of all departments of the City that are now or may hereafter be created by the Mayor and Council, except as otherwise provided for in this Act. (f) To attend all meetings of the Mayor and Council, with a right to take part in the discussion but having no vote. The City Manager shall be entitled to notice of all special meetings of the Mayor and Council. (g) To recommend to the Mayor and Council the adoption of such measures, ordinances and resolutions as he may deem necessary or expedient. (h) The City Manager shall, at the first regular meeting in each fiscal year, submit to the Mayor and Council for their consideration a budget of the proposed expenditures of the City for the ensuing year, the probable revenue for
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that year and from what sources it is expected. Said annual budget shall be divided by calendar months and shall show in as much detail as practicable the amount allotted to each department of the city government. Said budget, as submitted by the City Manager, shall be subject to the approval of the Mayor and Council who may make such changes therein as they deem advisable. Upon the approval of said annual budget by said Mayor and Council, thereafter, no part of any amount allotted to any department shall be expended by the City Manager on account of any other department except with the prior consent of the Mayor and Council, and the City Manager shall not expend for any department during any calendar quarter of said year any amount that exceeds one-fourth (1/4) of the amount budgeted for said department in said annual budget, except with the previous consent of the Mayor and Council. Said budget, when submitted by the City Manager to the Mayor and Council for its consideration, shall reserve not less than five per cent (5%) of the probable revenue anticipated for said year as a deficiency appropriation reserve, which reserve shall be allocated and expended only with the approval of the Mayor and Council. (i) To keep the Mayor and Council at all times fully advised as to the financial condition and needs of the City. (j) To make a full report to the Mayor and Council each month, showing the operations and expenditures of each department of the City government for the preceding month. (k) To perform such other duties as may be required by ordinance or resolution of the Mayor and Council. (l) The City Manager shall be the purchasing agent for the City and shall make all purchases for the various departments of the City and shall approve all vouchers for the same; provided, however, that the Mayor and Council, at their first meeting after the approval of this Act and at their first meeting of each calendar year thereafter, shall fix a maximum monetary limit which the City Manager, as
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such purchasing agent for the City, shall not exceed in any single purchase without the prior approval of the Mayor and Council. During said calendar year for which such annual monetary limit is adopted, the Mayor and Council may from time to time amend this maximum monetary limit either upwards or downwards. Further, the Mayor and Council may, by resolution, require competitive bids on purchases under such rules and regulations as the Mayor and Council may from time to time prescribe. (m) The City manager, before entering upon the discharge of his duties, shall give such bond, conditioned in such manner, as the Mayor and Council shall require and the City Manager shall have authority to require of any employee under his jurisdiction such bond, under such conditions, as he shall require, and all of such bonds shall be payable to the City of Vidalia, and its successors, for the benefit of the City and all premiums on all such bonds shall be paid by the City. (n) Within thirty (30) days after the end of each fiscal year, the City Manager shall submit a detailed financial report of the affairs of the City, which report shall be audited by the City Auditor. (o) To request, at the expense of the City, when needed by him, the services and advice of the City Attorney; provided the expense of the same shall not exceed two hundred ($200), in any one month, in addition to the retainer of such City Attorney, without the approval of the Mayor and Council. (p) To request, that at the expense of the City, when needed by him, the services and advice of the City Auditor; provided the expense of same shall not exceed two hundred dollars ($200) in any one month, in addition to the prescribed fees of such City Auditor, without the approval of the Mayor and Council. Section 3-3. Duties . In addition to the duties herein prescribed, each of the officers of the City shall perform such
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other duties as may be provided by the Mayor and Council by ordinance. Section 3-4. Suspension, fine, removal from office; authority of mayor and council . All officers elected by the Mayor and Council shall at all times be subject to the jurisdiction of the Council and amenable to its discipline, and said Mayor and Council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the Mayor voting, for any cause that may seem just and proper, after a fair notice and opportunity to be heard. Section 3-5. Duties of city clerk . (a) Designation as clerk of council, ex-officio clerk . The City Clerk shall be the clerical officer of the Council and shall be the keeper of the seal of the City; he shall also be ex-officio clerk of the Police Court of the City; and attend its sessions; he shall be ex-officio tax collector of said City; he shall also be ex-officio Clerk of the Board of Tax Assessors, and the Board of Health of the City; and he shall be ex-officio Clerk or Secretary of any other board of said City, created under the provisions of this charter or that may be created and established under the laws and ordinances of the City. (b) Duties as Clerk, ex-officio clerk . The duties of the City Clerk as Clerk of the Council and as ex-officio Clerk of the Police Court, as ex-officio Tax Collector, and as ex-officio Clerk or Secretary of any board or commission of the City, shall be such as are prescribed in this charter and as shall be prescribed under and by the laws and ordinances of the City and by the Mayor and Council. In addition, the Mayor and Council may provide by ordinance that the City Clerk perform the duties of the City Treasurer. Section 3-6. Duties of city treasurer . In the event the Mayor and Council deem it necessary and advisable to provide for and appoint a City Treasurer, it shall be the duty of the City Treasurer to receive and safely keep all monies and funds of the City that may come into his hands from every source; to keep separate accounts of same as may be provided or required under and by the laws and ordinances
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of the City; and he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of the City. The City Treasurer shall also be ex-officio Tax Receiver of the City, and as such shall receive the returns of property for taxation in the City at such times and under such rules and regulations, laws and ordinances as the Mayor and Council shall prescribe and enact; and he shall perform any and all further duties as City Treasurer and as City Tax Receiver as the Mayor and Council shall by ordinance prescribe. Section 3-7. Authority, duties of city attorney. (a) Authority . The City Attorney, shall be the legal representative of the City and the legal advisor thereof, and shall represent the City in all matters in which the City is interested or involved. (b) Duties . The duties of the City Attorney shall be such as are required by the ordinances and laws of the City and by the direction of the Mayor and Council. (c) Additional counsel . Whenever in the judgment of the Mayor and Council, it shall be advisable to employ additional counsel to assist the City Attorney, authority to do so is hereby conferred upon the Mayor and Council. Section 3-8. City tax assessors. (a) Selection, term . The Mayor and Council shall, at their first meeting in January of each year, elect three (3) intelligent, discreet and upright persons, citizens and qualified voters of said City, and owners of real estate therein, as City Tax Assessors, whose terms of office shall be one (1) year. (b) Oaths, compensation . The City Assessors shall take such oaths and receive such compensation as the Mayor and Council may prescribe. (c) Vacancies . All vacancies occurring from any cause may be filled by the Mayor and Council at any time. (d) Removal . The City Tax Assessors shall at any time be removed from office by the Mayor and Council, for good and sufficient cause to be judged by said Mayor and Council.
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(e) Rules for government . The Mayor and Council shall have the authority to prescribe rules for the government of said City Tax Assessors. (f) Assessment of property . It shall be the duty of said Tax Assessors to assess the value of real estate in said City for the purpose of taxation by said City, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when in their judgment the value therefor is too small. Said assessors shall make returns of the assessments made by them to the Mayor and Council each year at such time as the Mayor and Council may by ordinance direct. (g) Authority to require information . They shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments wherever in their opinion the same is necessary for a correct assessment and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. (h) Ordinances to implement section . The Mayor and Council shall have the power and authority to pass such ordinances as are required to effectuate this section. (i) Appointment of fulltime assessor . In lieu of the City Tax Assessors provided for herein, the Mayor and Council may provide by ordinance for the appointment of one (1) Tax Assessor, who shall devote full time to his office and who shall perform the duties herein provided for the tax assessors, and such other duties as shall be prescribed by ordinance of the Mayor and Council. Section 3-9. Police . The Mayor and Council shall have the authority, by ordinance, to create and establish a police department in said City; to provide for the payment and equipment thereof, and to make any needful rules for its proper maintenance. The City Manager shall be authorized to employ such police officers as he may see fit for the proper police protection
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of said City, one of which officers shall be designated as Chief of Police, with the consent of the Mayor and Council, and such officers shall be employed for such term as the Council may see fit and shall receive such compensation as may be fixed by the City Manager. The Chief of Police and members of the Police force shall be clothed with such authority as may be conferred upon them by the provisions of this charter. The Chief of Police and all members of the police force shall be directly responsible to the manager of the City and subject to his orders. In case of a vacancy in office of the City Manager, or his absence from the City of Vidalia, during such vacancy or absence members of the police force shall be responsible to and subject to orders of the Mayor. No costs or fees shall be paid any member of the police force with any arrest or case made within the City of Vidalia. Said officers shall perform such duties as required and provided for in this Act, and as may be prescribed and required of them by the laws and ordinances of the City. In addition, said officers by virtue of their office shall be and are hereby constituted ex-officio firemen. Section 3-10. Fire department; establishment, maintenance . The Mayor and Council shall have the power and authority, by ordinance, to create and establish a fire department in said City; to provide for the payment and equipment thereof; to purchase any necessary apparatus; and make any needful rules and regulations for its proper maintenance. Section 3-11. Restriction upon contracts for personal services . No contract shall be made which binds the City to pay for personal services to be rendered for any stated period of time, but all appointive officers and employees shall be subject to premptory discharge as herein provided. Section 3-12. Beautification Commission. (a) Creation, purpose . There shall be a commission for the City 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 in general, and to do all things not contrary to the laws of the State of Georgia
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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 property. (b) Election, terms, compensation of members . The commission shall consist of eleven (11) members who shall be elected by the Mayor and Council of the City. Said members shall be elected immediately after the approval of this Act, as follows: Six (6) members shall serve until January 1, 1968; and five (5) members shall serve until January 1, 1969. The Mayor and Council at its first meeting in January of each year commencing in 1968, shall 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. (c) Organization . Members of the commission on the first Monday in February of each year shall elect from its membership a person to serve as chairman of such commission for a term of office of one (1) year. (d) Finances . 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. (e) Reports . The commission shall be responsible to the Mayor and Council of the City and shall, in December of each year, make a report to the Mayor and Council and account for all funds received from the City in the preceding year. ARTICLE IV. POWERS OF CITY Section 4-1. Adoption of ordinances, resolutions, generally . (a) Reading required . All ordinances and resolutions,
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before they shall pass, shall be read once, at a regular meeting of the mayor and council. (b) Signature, countersignature required . All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the clerk of council. (c) Content, record of ordinances; existing ordinances preserved . All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and the date of its readings. Such ordinances or resolutions shall be numbered and filed and property preserved. There shall be kept by the clerk of council a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor, acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of council under the seal of the city; provided however, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided further, that nothing contained in this and the previous paragraphs hereof shall affect in any manner any existing valid ordinances of said city, not in conflict herewith. Section 4-2. Scope of police, legislative power of city . The mayor and council of the city shall have the power to enact and enforce all ordinances necessary to protect health, life and property and to prevent and summarily abate and remove all nuisances and to preserve and enforce the good government, order, security and dignity of the city and its inhabitants; and to enact and enforce ordinances on any and all subjects, provided that no ordinance shall be enacted inconsistent with the provisions of this charter or the general laws or Constitution of the State of Georgia. Section 4-3. Scope of ordinances, rules, by-laws . Authority to carry out and effectuate by ordinance each and every
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power granted to the city in this Act is hereby expressly conferred on the mayor and council of the city. Section 4-4. Enumeration of Powers not exclusive . The enumeration of powers in this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof, the city shall have and may exercise all other powers which under the Constitution and laws of the State of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the city shall extend to all matters of local and municipal government. Section 4-5. Code of ordinances, resolutions, rules; adoption, modification, repeal . The mayor and council shall have the power and authority to adopt, maintain and declare of force a code of the ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said mayor and council see fit to include therein. Said code shall be subject to amendment or repeal, in whole or in part, at any time; provided however, that the ordinance adopting a code shall be passed in accordance with section 4-1. Section 4-6. Corporate powers enumerated . The mayor and council shall have the following powers: (a) Acquisition, disposal of property . To acquire property, within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease or leases with privilege to purchase for any municipal purpose, and may sell, lease, hold, manage and control such property as specified and provided for; (b) Furnishing public services . To furnish all local public services, as herein specified and provided for; (c) Public utility franchises . To grant local public utility franchises and regulate the exercise thereof;
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(d) Taxation . To assess, levy and collect taxes for general and special purposes on all subjects or objects which the city may lawfully tax; (e) Bonds, notes . To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city; (f) Appropriations . To appropriate the money of the city for all lawful purposes; (g) Public works and improvements . To create, provide for, construct, regulate and maintain all things in the nature of public works and improvements; (h) Assessments for local improvements . To levy and collect assessments for local improvements on property schools; (i) Public school system . To maintain a system of public benefited thereby; (j) Licensing, regulating businesses, trades, etc . To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade; (k) Abatement of nuisances, detrimental conditions . To define, prohibit, abate, suppress and prevent within the city, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants; (l) Purity of water supply . To make all needful regulations applicable within and without the city, for securing and preserving the purity of its water supply; (m) Preservation of public health . To do all things necessary or desirable to secure and promote the public health; (n) Food inspection . To provide for such inspection service within and without the city as may be necessary to insure
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the purity and wholesomeness of food products sold within the city; (o) Construction, size, use of buildings . To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings; (p) Use of streets, public places . To regulate and control the use, for whatever purpose, of the streets and other publice places of the city; (q) Offices, departments, personnel . To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; (r) Police, sanitary, similar regulations . To make and enforce local police, sanitary and other similar regulations; (s) Ordinances for benefit of city . To pass such ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city and for the performance of the functions thereof; (t) Additional powers . To exercise, in addition to the powers enumerated in this section, all powers that now are, or hereafter may be, granted to municipalities by the Constitution or laws of the State of Georgia; and all the powers of the city, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the council. Section 4-7. Ordinances to prevent spread of disease . (a) Enactment, scope . The mayor and council of the city shall have the power and authority to enact and enforce ordinances to prevent the spread of any infectious or contagious diseases; to compel the vaccination of all persons within the limits of said city, whether residents or sojourners; to isolate any person in said city afflicted with any contagious or infectious disease by confining such person within the limits of the premises prescribed therefor by the mayor and council, either within or without the corporate
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limits of the city for the purpose; to isolate any person who has been exposed to any infectious or contagious disease, during the usual period of incubation of such diseases, by confining such person during such period, within the premises prescribed therefor by the mayor and council, within or without the corporate limits of the city. (b) Quarantine . The mayor and council shall have the power and authority to establish, declare and maintain quarantine regulations against all contagious or infectious diseases and to punish violators of any such quarantine regulations. (c) Vaccination . The mayor and council shall have the power to provide vaccination points and to employ physicians at the expense of the city to vaccinate all persons who are unable to procure vaccination, and may provide by ordinance punishment for persons failing or refusing to be vaccinated. (d) Penalties for violations . The mayor and council shall have the power to prescribe punishment for all persons violating any ordinance, rule or regulation enacted by said mayor and council for the prevention of disease and for the promotion of the health of the city. Section 4-8. Designation, abatement of nuisances . The mayor and council of the city may by ordinance declare what shall be a nuisance, and by ordinance prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet, and provide for the abatement of same. Section 4-9. Regulation, maintenance of public health and sanitation . The mayor and council of the city shall have the power and authority to provide for the inspection and regulation of the sanitary condition of all premises within the city limits; for the removal of garbage, night soil, refuse and unsanitary or offensive vegetation; to provide for establishing a lien against the property for any expenses incurred by the city in enforcing this provision; and to provide for the making and enforcing of all proper and reasonable
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regulations, for the health and sanitation of said city and its inhabitants. Section 4-10. Policing public places, protecting water supply . The mayor and council of the city shall have the power to police all parks, grounds, speedways, streets, avenues, alleys and other public places owned by said city, within or without the city limits, to prohibit the pollution of all sources of water supply of said city; and to provide for the protection of water sheds. Section 4-11. Ordinances to protect against fire . (a) Enactment, scope . The mayor and council of the city may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in the city, and to enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings may be erected, repaired or covered, how the walls, 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 mayor and council may deem necessary in order to protect said city as far as possible from dangers from fire and to prevent the spread of fire from one building to another, and for the protection and safety of the people. (b) Changing, removing construction . The mayor and council shall 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 affected premises pay the expense of such change or removal, which expense may be collected as taxes are collected. (c) Removal, alteration of building . If any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of the city, the mayor and council may order such person, firm or corporation to remove or alter the same within the time limit specified therefor, and if such person, firm or corporation shall not remove or alter such buildings after such notice
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to do so is given, 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 as taxes are collected. Section 4-12. Authority to regulate building, repairing, removing of buildings . (a) Scope of authority . The mayor and council of the city shall have full power and authority to regulate the building or the repairing of any buildings within the corporate limits of said city or the removal thereof; to require persons desiring to build, repair or remove buildings in said city to first obtain a permit from the mayor and council or from such officer as may be authorized to grant the same before erecting, repairing or removing same; to refuse to allow buildings to be erected, repaired or removed in said city when satisfied that said buildings or addition thereto, or repairing thereof, or the removal of same, will be manifestly against the best interests of the city or will endanger the safety or health of the citizens or be likely to become a nuisance and offensive to the property owners or residents of said city; to require applications for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom filed; and to provide for the removal, at the expense of the owners or buildings of any houses erected, repaired or removed in violation of such rules and regulations as may be prescribed by such mayor and council for the building, repairing or removing houses in said city. (b) Inspections . The mayor and council shall have the power and authority to provide for the inspection of the construction of all buildings in respect to proper electrical wiring, piping for gas, flues, chimneys, plumbing and sewer connections; and to enforce proper regulations in regard thereto. (c) Ordinances to implement section . The mayor and council of said city are hereby authorized and empowered to enact all ordinances to carry out and effectuate the provisions of this section, and to provide a penalty for the violation of such ordinances. Section 4-13. Regulating safety of buildings . The mayor and council shall have the power and authority to enact
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and enforce all ordinances and resolutions necessary to regulate the safety of all buildings. Section 4-14. Exits, fire escapes; construction and sufficiency . The mayor and council shall have the power and authority to require the construction of fire escapes in connection with buildings, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided on buildings of every kind and character. Section 4-15. Authority to grant franchises, permits, easements and rights-of-way . (a) Scope of authority . The mayor and council of the city shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks, and other property of said city, upon such terms, conditions, reservations, restrictions and limitations as the mayor and council may fix and prescribe. Provided however, that the same shall not be granted for a period longer than twenty (20) years, nor without compensation to the city; and, provided further, that the same or any of them shall be subject to taxation by the city. (b) Applications, notice, granting . The mayor and council shall have the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit and rights-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchise, permit, easement or right-of-way, if granted, shall become operative; and generally to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice, and the granting of same as the mayor and council may deem necessary or advisable. (c) Ordinances to implement section . The mayor and council shall have the right and power to pass such ordinances as may be necessary to carry out and accomplish the provisions of this section and to prescribe penalties for the violation of said ordinances. Section 4-16. Control of city parks and playgrounds . The mayor and council of the city shall have exclusive control
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over all city parks and playgrounds, and the power and authority to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, providing amusements therein, for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Section 4-17. Regulation of streets, avenues, alleys, obstruction thereof . The city shall have the power to control, regulate and remove all obstructions, encroachments and encumbrances on any public street, avenue, alley, or other public place, and to regulate and control the moving of buildings and structures of any kind or character upon and along the same. Section 4-18. Condemnation of property for streets, sidewalks, public places . (a) Scope of authority . The mayor and council of the city shall have full power and authority to condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares and parks in the city, and for the purpose of widening, straightening, grading or in any way changing the streets, lanes and sidewalks of the city. (b) Exercise of power . Whenever the said 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 a trustee, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use as contained in the Code of Georgia of 1933, having reference to the condemnation of private property for public use, and as provided by Acts amendatory thereof. Section 4-19. Streets, sidewalks and public placesopening, widening, changing . (a) Scope of authority . The mayor and council of the city shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys,
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lanes, parks, squares and other public places of said city, and shall have full power and authority to open, close, lay out, narrow, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks, and squares of said city, and shall have the power to lay off, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, sidewalks, cross drains, crosswalks, drains and gutters or any of them for public use or laying wires or lines, or sewer pipes, throughout the streets, squares, lanes, alleys, parks and public places of said city upon such terms and conditions as the mayor and council may by ordinance provide. (b) Assessment of cost . The mayor and council may assess not more than two-thirds (2/3) of the entire cost of such paving, grading, curbing, removing, repairing, draining and laying sewerage, any or all, against the abutting property and the owners thereof, including street and railroad property and the owners thereof according to the proportion that such abutting property bears to two-thirds (2/3) of the cost of paving, grading, curbing, removing, repairing, draining and laying sewerage, any or all, of such sidewalks, streets, avenues, alleys, lanes and other public places; and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof, including railroads thereon, by execution issued against such property and such owners. (c) Equalizing assessments . The mayor and council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose above stated, as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof, or such part as is to be borne by the abutting property and the owners thereof, on the abutting real estate, and owners thereof, according to the proportion such abutting real estate bears to two-thirds (2/3) costs of paving, grading, curbing, repairing, removing, draining and laying sewerage, any or all, on or along such street, sidewalk, avenue, alley, lane or other public places, or according to the area or value of said real estate, any or all, as may be determined by ordinance.
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(d) Lien of assessment . The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment. (e) Collection of assessment . The mayor and council shall have full power and authority to enforce the collection of any assessment so made for such work, or improvement, as aforesaid, by execution issued by the city clerk against the real estate so assessed and the owner thereof for the amount thus assessed; which execution may be levied by the chief of police of the city on such real estate or other property owned by the owner thereof, without such levy being open to the charge of being an excessive levy, and after advertising and other proceedings, as in case of tax sales under existing ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as is now provided for tax sales by said city; provided, that all advertisements may be made in the official organ of said city. (f) Contest of assessment . To any execution issued under the provisions of this section the defendant shall have the right to file an affidavit of illegality to common law judgments under the practice of the Superior Courts of the State, denying that the whole or any part of the amount for which such execution issued, is due, and the reason why the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned for trial to the Superior Court of Toombs County, Georgia, and there tried, and the issues determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay only. (g) Priority of assessment . The lien of such assessments and the executions issued thereon on abutting property, including that of street and steam railroads, and the owners thereof, for any such improvement contemplated and provided
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for by this section shall have rank and priority of payment next in point of dignity to liens for taxes, as provided by the Constitution and laws of the State of Georgia, and of the United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work and improvement in each case. (h) Application to maintenance, repair . The mayor and council shall have full power and authority to prescribe by ordinance such rules as they may in their discretion deem necessary and proper, to grade, pave, curb, macadamize, repair, drain or lay sewerage along or upon or otherwise improve any or all of the streets, avenues, alleys, lanes, sidewalks, or other public places in said city, and assess not more than two-thirds (2/3) of the costs or expenses against abutting property, and the owners thereof, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said mayor and council may see fit and proper. (i) Publication required . One (1) publication of such ordinance, or ordinances, for any of the work and improvements contemplated by this section, in the newspaper designated as the official organ for said city shall be sufficient notice to the abutting property owner or the owners of any street or steam railroads having property or tracks abutting on such streets, sidewalks, avenues, lanes, alleys, or other public places in said city, of the contents and provisions of such ordinance, or ordinances, and of the fact that such improvements are to be made. (j) Service of notices . Any other notice or notices deemed necessary or desirable to be made on abutting property owners by said city may be made in person or by leaving at the residence of the person to be notified if a resident of said city, but if such person is not a resident of said city then such notice may be served by publishing it for such time as may be prescribed by ordinance, and such publication in the official organ of said city shall be sufficient; provided, further that if said abutting property is owned by a partnership
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or by tenants in common notice to any one of such owners shall be deemed sufficient, and if such real estate is owned by a minor or other person laboring under legal disabilities notice to such minor or person laboring under legal disabilities and his or her guardian, if any, shall be deemed sufficient service of such notice; if such minor or person laboring under legal disabilities be a nonresident or absent from the city for more than ten (10) days, service may be made by publication as hereinbefore provided. (k) Issuance of negotiable certificates . In addition to the authority hereby vested in the mayor and council of said city to issue executions for such improvements as is herein provided, covering the assessments in question, the said mayor and council, shall have authority to issue paving, curbing, macadamizing, grading, draining, or sewerage certificates, one or all, in the name of the city, in behalf of or payable to the paving or other contractor, or any other person, corporation or concern, which certificates shall be made negotiable, and shall be issued in such denominations and payable at such time or times, either for one (1) year or more than one (1) year, in the discretion of the mayor and council, to bear such legal rate of interest as may be fixed by council, interest to be payable annually or semiannually, and principal and interest to be paid at such place or places as may be fixed by said mayor and council; said certificates to be based upon the executions issued against the abutting property and the owners thereof for such street or sidewalk improvements aforesaid. (l) Negotiation of certificates . The mayor and council shall have authority to negotiate such certificates when so issued to contractors for such improvements or parties furnishing material therefor, in settlement of such paving or other improvement provided herein, labor or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and raise the money for the purpose of paying for such street or sidewalk improvement. (m) Payment of certificates . The mayor and council shall have the authority to collect assessments for such
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street or sidewalk improvement under such execution as may be issued by authority of said city, and use the money for the purpose of paying such sidewalk or street improvement certificates thus issued, and to prescribe the terms, the payment, the rate of interest and the time and place of payment of such executions and of such street or sidewalk improvement certificates. (n) Additional powers . The city, through its mayor and council, shall have all other and necessary authority under the law to fully improve, grade, curb, macadamize, repair, drain or lay sewerage in or along any or all of its sidewalks, streets, avenues, lanes, alleys, ways and other public places in said city, and to make assessments against the abutting property owners (either where all of the improvement is to be paid for by the abutting property owners or where a part of it is to be paid by said city), to issue executions thereon with special liens and to provide the manner and form of enforcing the collection thereof, and all other necessary authority for successfully carrying out such street or sidewalk improvements, in a manner to be provided by proper ordinance or ordinances to be adopted by said city. Section 4-20. SameMaintenance, drainage, repair . (a) Scope of authority . The mayor and council of the city shall have full power and authority to pass all laws and ordinances necessary for the drainage and proper maintenance and care of the streets, alleys, sidewalks and other public places of said city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the pavement, curbing, grade or drainage of the same, whenever in the judgment of the said mayor and council, the same becomes necessary or advisable. (b) Manner of payment . The said mayor and council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent land owners or by both.
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Section 4-21. Right-of-way of railroad; maintenance, repair . The mayor and council shall have the full power and authority to enact all laws and ordinances to require any railroad company having or which may hereafter have, tracks running in, along, across or through the streets, alleys or ways of said city, which have been improved, to macadamize or otherwise pave and improve as the mayor and council may direct, the width of their tracks, and two (2) feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct, and the mayor and council shall have the power and authority to enforce the provisions of this section by proper ordinances. Section 4-22. Construction, paving, repair of streets, pavements by abutting owners . (a) Authority of city to require work . All streets, alleys, sidewalks, pavements and street crossings in the city shall be under the control, power and direction of the mayor and council of said city, and they shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks, and pavements shall be constructed, paved, or unpaved, and in case of failure or refusal of any property owner, after ten (10) days' notice to comply with the ordinance of said city in reference to the construction, paving or repairing of the sidewalks, pavements or street crossings the mayor and council of said city are hereby authorized and empowered to prescribe that said owners be fined in a sum not exceeding two hundred dollars ($200.00) and to collect the same by execution. (b) City may do work . The mayor and council may also direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance. (c) Execution for expenses . The mayor and council is hereby empowered to issue execution for said bill of expense against said owner and levy and collect the same, as in cases of execution for taxes.
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Section 4-23. Supervision, regulation of public work . The mayor and council may prescribe by ordinance or resolution any and all public work to be performed in the city and the method of doing the same, and shall have charge of the performance of all such public work. Section 4-24. Fixing manner of executing public work or improvement . Any public work or improvement may be executed either by contract or by direct labor, as may be determined by the mayor and council. Before authorizing the direct execution of any work or improvement, detailed plans and estimates thereof shall be submitted to the mayor and council by the department which is to execute such work or improvements, and there shall be separate accounting as to each work or improvement so executed. Section 4-25. Sanitary sewer system; establishment, maintenance, use . The mayor and council of the city shall have the power and authority to provide for a sanitary sewer system and for the maintenance thereof; to require property owners to make connection from their premises to such sewers; to provide for fixing a lien against any property owner's premises who fails or refuses to make sanitary sewer connections; to charge the cost against the said owner and make it a personal liability; and to fix penalties for failure to make sanitary sewer connections. Section 4-26. Authority to require connections to water, sewer systems . (a) Scope of authority . The mayor and council of the city shall have power and authority to compel any resident or nonresident or property owner owning lands located upon any of the streets of said city over which the water and sewerage system now or may hereafter extend, upon which lands, houses or other buildings are erected, or may be erected and occupied, either by the owner or by tenants, to connect the same with the water and sewerage systems now or hereafter laid by said city, and to compel said property owners or others owning, controlling or using such buildings, to pay the expense of said connections when done by the city (which authority is hereby granted in the event such owner or other person fails or refuses to cause such connections to be made, within such reasonable time as
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the mayor and council may direct), in the same manner and under the same rules and regulations that the collections of taxes are enforced. (b) Places to be filled in . The mayor and council of said city shall have the authority to require all surface wells, dry wells, or other places to be filled in at the expense of the owner, and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected. (c) Ordinances to implement section . The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. Section 4-27. Authority to extend water, sewerage system; assessment of cost . (a) The mayor and council shall have power to extend the water and sewerage systems to any portion of the city within the corporate limits of said city, provided that two-thirds (2/3) of the cost of said extension is paid by the owners of the property to which said extension is made; and to extend said systems, or either of them, to any place beyond the corporate limits deemed feasible by the mayor and council. The mayor and council shall have power to provide for such sewerage extension by proper ordinance. (b) The exercise of this provision shall be optional, however, with said owners and shall in no way affect the right of the mayor and council to extend the water and sewerage systems by the expenditure of funds from the treasury, but where there are no such funds they may comply with this provision at the instance of owners who desire water or sewerage services under this provision. Section 4-28. Water, sewerage, electric and natural gas systems; maintenance, repair, extension . (a) Authority of city . The mayor and council of the city shall have the power and authority to establish, maintain equip, repair, extend,
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enlarge, and in any way improve the systems of waterworks, sewerage, electrical and natural gas in the city, for the purpose of supplying its inhabitants and the city and consumers generally, with water, sewerage, electricity and natural gas, or any of them; and the mayor and council shall have the power to do any and all things necessary for such purpose, to contract with any person or persons, firms or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easements over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and if necessary for any or all of such purposes to condemn the same as hereinafter provided. (b) Purchases, construction . Said mayor and council in the name of the city shall have full power and authority to make purchases of plants, machinery and any and all articles and things that may be necessary or advisable for the proper equipment of said plants or any of them, and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plants or any of them; to build and erect structures, build, shape and furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and generally to have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvement of said plants, or the extension or enlargement thereof. The right to repair and maintain said plants, or either of them, and to purchase such articles and things for such purposes, shall be exercised by the mayor and council. (c) Application to new systems . The mayor and council of the city shall have the full power and authority to establish and maintain new systems of waterworks, electricity, sewerage, natural gas, or any of them, whenever it may be necessary or advisable for the purpose of furnishing and supplying its inhabitants, and the city and consumers generally with water, sewerage, electric lights and natural gas,
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or any of them, and when such power and authority is exercised, the said mayor and council shall have the same rights, powers and privileges and shall be subject to the same duties and responsibilities for the erection, equipment, care maintenance, repairing and improvement thereof, and the making and enforcement of contracts for the furnishing of services from such systems, or any of them to the inhabitants of said city and nonresidents thereof, together with the right to acquire, own, possess and condemn lands and premises for such purposes whether within or without the limits of said city, as are herein conferred upon and granted said mayor and council respecting the present systems owned and operated by the city. Section 4-29. Furnishing water, sewerage, electrical gas services . (a) Contracts authorized . The mayor and council in the name of the city shall have the right and authority to make contracts with the inhabitants of the city, and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, electric lights and power, sewerage, natural gas or any of them, at such rates and under such rules and regulations as the mayor and council may provide. (b) Fixing rates and charges . The mayor and council shall have power and authority to fix all rates and charges made for any such public service owned and operated for and by the city. Section 4-30. Franchises for water, electric, sewer, gas service . (a) Authority of city . The mayor and council shall have full power and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electric lights and power, sewerage, natural gas, or any of them, to the city and its inhabitants and to make such contracts with such persons, firms or corporations for such services as the mayor and council may deem proper. (b) Referendum requirements . The city shall not be bound by any such contract for a longer period than one (1) year from the making thereof, unless said contract shall
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have first been approved by a majority vote of the voters voting at an election to be held for such purpose, of which at least four (4) weeks' notice shall be given in a newspaper in the city by the mayor and council, which notice shall contain a substanial statement of the proposed contract, as well as the time and place of the election, and said election shall be governed by the laws of said city applicable to the regular election of the mayor and councilmen. (c) Duration of franchise . No such franchise shall be granted for a period longer than twenty (20) years from the date of granting same. (d) Enactment of appropriate legislation . The mayor and council of the city are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and accomplish the purposes of this section. Section 4-31. Condemnation of property for water, electric, sewerage, gas services . (a) Authority of city . The mayor and council, in the name of the city, shall have full power and authority to condemn any lands or premises, within or without the city, for the purposes of establishing and maintaining electrical plants, water work systems and sewerage systems, drainage systems, natural gas systems, or any of them for said city, or for the purpose of maintaining, extending, enlarging or improving the present systems, or any of them, and for either or all of said purposes. (b) Regulation of proceedings . Whenever the right to condemn lands and premises herein granted is exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this state with reference to the condemnation of private property for public use, as contained in the Code of Georgia of 1933, and referring to the condemnation of private property for public use, and as provided by Acts amendatory thereof. Section 4-32. Sale of electrical, water or gas plant and/or system . (a) Authority . The mayor and council of the city are hereby authorized and empowered by ordinance to
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contract to sell and sell upon such terms and conditions as they may determine, any electrical, water or gas plant or system, including distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the city, and to cease operation of such system or systems, and to convey good and clear title thereto by deed of the city executed by its mayor. (b) Election required . At such time and place as shall be fixed by the mayor and council the city there shall be an election in said city by the duly qualified voters thereof, to authorize the selling of the system or systems, distribution lines and equipment, apparatus and property whatsoever belonging to said city, as the same then exists, said election to be held and determined as provided by said mayor and council of said city in which election ballots shall be furnished setting for the question whether such sale shall be consummated. (c) Effect of election . If a majority of those voting cast their votes in favor of selling said plant and all equipment, then the mayor and council of said city shall be authorized to sell the same. If a majority of the voters voting cast their votes against the selling of the same, then the mayor and council shall be without power and authority to sell said plant and equipment. (d) Notice of election . No election shall be held without first advertising the same in some newspaper published in said city once a week for four (4) weeks prior to the time of holding said election. (e) Place of election . Said election shall be held at the place of holding elections in said city for mayor and councilmen. (f) Qualifications of voters . The qualifications of voters shall be the same as are now required of voters in the elections held in said city for mayor and councilmen. Section 4-33. Bond issues for debts, public improvements . The city may issue bonds for the payment of its
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debts or for public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia as found in the Code of Georgia of 1933. Section 4-34. Levy of ad valorem tax for general city purposes . (a) Amount, scope of tax . The mayor and council shall have power and authority to levy and collect a tax annually, for general city purposes, of not more than twenty (20) mills, upon each dollar of assessed valuation, upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale as the mayor and council shall provide. (b) Due date, collection . The mayor and council shall have power and authority to provide by ordinance when such taxes of said city shall be due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of taxes when due. Section 4-35. Levy of ad valorem tax for school purposes . (a) Amount, scope of tax . The mayor and council shall have power and authority to levy and collect a tax annually, for school purposes, of not more than thirty (30) mills upon each dollar of assessed valuation, upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale as the mayor and council shall provide. (b) Due date, collection . The mayor and council shall have power and authority to provide by ordinance when such taxes shall be due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 4-36. Authority to assess, levy and collect ad valorem tax for bond purposes . (a) Scope of authority . The
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mayor and council of the city shall be and are hereby authorized and empowered to annually assess, levy and collect, in addition to all other taxes authorized to be levied under this charter, a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they may deem right, proper and necessary for the specific purpose of paying the interest on all bonds outstanding, or which are issued under the provisions of this charter, and also to create a sinking fund sufficient to redeem and pay of all bonds outstanding or which are issued under the provision of this charter, at their maturity. (b) Use of funds . All taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and shall be used solely for the payment of the interest on all bonds as it accrues and for the creation and accumulation of a sinking fund for the payment of the principal of all bonds outstanding against the said city or which are issued under this charter. (c) Due date, collection . The mayor and council shall have the power and authority to provide by ordinance when such tax shall be due, and what length of time such tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 4-37. Authority to assess, levy and collect ad valorem tax to assist development authority . (a) Scope of authority . The mayor and council shall have power and authority annually to assess, levy and collect a tax not exceeding three (3) mills upon each dollar of assessed valuation, upon all and every species of property, both real and personal, in order to assist in defraying the cost of operation of the development authority, by making appropriations thereto. (b) Due date, collection . The mayor and council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time said tax shall be paid, when tax executions shall issue against defaulters,
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and to fix a penalty for the nonpayment of such taxes when due. Section 4-38. Authority to assess, levy and collect garbage and sanitation tax . (a) Scope of authority . The mayor and council shall have the power to assess, levy and collect an annual tax in an amount necessary to defray the cost of garbage collection service, upon each and every city lot occupied by a resident, and upon each store or other place of business in said city. Vacant lots shall not be assessed. (b) Prerequisites . Before the imposition of such tax, the city shall establish a city garbage collection system and operate it at all times for the collection of all refuse and garbage from all lots so taxed for sanitary purposes, which said city is authorized to do by ordinance. (c) Use of funds . The funds arising from this tax must be used for the purpose of city sanitation and for no other purpose. Section 4-39. Returns of property for taxation; determination of due dates . The mayor and council of the city shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so, to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; and to prescribe the time or times at which said returns are due. Section 4-40. Executions for taxes, licenses, other demands . (a) Issuance, contents, procedure thereunder . Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, signed by him, bear teste in the name of the mayor, and be directed to the chief of police of said city and his deputies and to all and singular the sheriffs, deputy sheriffs, and constables of this state, commanding them that of any property belonging to the
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defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution with all costs. The mayor and council shall, by ordinance, provide the time, place and advertisement of, method of conducting, and all regulations governing sales by the chief of police under said executions. The sheriffs, deputy sheriffs and constables of this state shall proceed in the same manner to levy and collect said executions as they do executions issued from the respective courts of which they are an executive officer. (b) Laws, presumption governing executions . All executions issued by the city clerk for taxes, license fees, special assessments, fines or forfeitures, due the city shall be governed by the laws governing executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to executions for state and county taxes. (c) Laws, rules, presumptions governing deeds . All deeds executed under levy of executions in favor of the city for taxes, licenses, special assessments, fines or forfeitures, shall be governed by the laws and rules of evidence which apply to deeds executed by the sheriffs under levy of executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds executed by sheriffs under levy of executions for state and county taxes. Section 4-41. Contesting assessment of property for taxes . (a) Appointment of arbitrators . If any taxpayer is dissatisfied with the assessment made on his property, either real or personal, by the city tax assessors, such taxpayer shall, within ten (10) days after the assessors have made their return to the mayor and council, in the case of resident owners, and within twenty (20) days of such return in case of nonresident owners, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one (1) arbitrator, a freeholder of the city, to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk, it shall be
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his duty to notify the city tax assessors of that fact, and it shall be their duty within three (3) days to name an arbitrator, who shall also be a freeholder of the city, to represent said city in fixing the value of the property in dispute; the two (2) arbitrators so elected shall be immediately notified of their designation by the city clerk and shall forthwith select an umpire, who shall also be a freeholder of the city. In the event the two (2) arbitrators fail to name the umpire within twenty (20) days after their appointment, he shall be named by the mayor and council. (b) Authority of arbitrators . The board of arbitrators so constituted shall proceed within ten (10) days from the date of the naming of the umpire, to give their awards as to the value of such property, which awards shall be returned to the city clerk, and shall be final on both the city and the taxpayer. Section 4-42. Licensing, regulating businesses, occupations, trades, callings and pursuits . (a) Scope of authority . The mayor and council of the city shall have the right and authority to tax, license, regulate, and control by ordinance, all businesses, occupations, trades, callings, pursuits and professions and any and every other type of commercial activity conducted or carried on in the city, and which under the Constitution and laws of this state are subject to license, regulation and tax. (b) License restrictions . The mayor and council shall also have the right by ordinance to fix and prescribe the amount of said taxes and licenses; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this section; and to provide penalties for the violation of any of the provisions thereof. Section 4-43. Registration, special tax on trade, business, vocation, profession, calling, pursuit . The mayor and council shall have full power and authority by ordinance to require any person, firm or corporation, whether a resident or nonresident of the city, engaged in or carrying on or who may engage in or carry on any business, trade, pursuit, calling, vocation, or profession, within the corporate limits
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of said city, either by themselves or by their agent or agents, to register their names and business, trade, pursuit, calling vocation or profession, annually, and to require such person, firm or corporation to pay for such registration such amount as the mayor and council may by ordinance prescribe; and to provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the said special tax and register, who shall engage in or offer or attempt to engage in such business, calling or profession without first complying in all respects with the ordinance in reference thereto. Section 4-44. Licensing, regulation of dealers in, handlers of food and food products . (a) Scope of authority . The mayor and council of the city shall have the power and authority to regulate and control by ordinance persons keeping food establishments in said city; to provide for the regulation and inspection of all food and food products sold or offered for sale in said city; to provide for the inspection and regulation of all establishments operated for the preparation, processing or serving of food and food products, and all animals slaughtered or intended for slaughter by the owners to be used in the preparation, processing or serving of food and food products. (b) License restrictions . The mayor and council shall also have the right by ordinance to fix and prescribe the amount of taxes and licenses upon said activities; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this section; and to provide penalties for the violation of any of the provisions hereof. Section 4-45. Licensing, regulating control of signs, billboards . The mayor and council shall have power and authority by ordinance to license, regulate, control and prohibit the erection of signs or billboards; and to provide penalties for the violation of any of the provisions of such ordinance. Section 4-46. Authority to borrow money . The mayor and council of the city shall have the power and authority
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to borrow money for the use of said city by making a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one per cent (1%) of the assessed value of the taxable property within any one year; the sum or sums so borrowed shall be paid from the income of the city for the fiscal year in which the loan or loans are made, and before the expiration of the fiscal year in which the same were made. Section 4-47. Authority to provide for depository of city funds . The mayor and council of the city may select some bank in said city as a city depository, and may require the treasurer or other appropriate officer of said city to deposit all funds of the city therein. Said depository may be selected upon such rules, regulations, conditions and requirements as the mayor and council may by ordinance prescribe. Section 4-48. Authority to regulate sales by weight and measure . The mayor and council of the city shall be and are hereby empowered and authorized to regulate by ordinance, the selling, weighing and measuring of all articles and commodities sold by weight and measure; to require dealers to keep honest weights and measures; to give full and honest weights and measures; to provide for the inspection and regulation of such weights and measures; to provide that the policemen of the city shall have the power and authority to stop wagons or drays loaded with any of such articles and commodities and have the same measured or weighted to determine whether the articles or commodities thereon are of full weight or measure; and to prescribe penalties for any violation of this section or ordinance adopted to effect the same. The provisions of this section shall also apply to persons who reside without the limits of the city bringing any of said articles or commodities into said city for sale. Section 4-49. Authority to regulate traffic . The mayor and council of the city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any and all other kinds of vehicles in the city, whether said vehicles are propelled by hand, foot, steam, electricity or other motive power; to prescribe the
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rate of speed and the manner in which the same may be run, and the qualifications of the drivers, chauffeurs or operators of said vehicles; to provide for the registration of said vehicles, and to do any, and every act and thing necessary or incident to the safety of the same and of the public. The mayor and council of said city shall have the authority to accomplish the provisions of this section by ordinance and to provide penalties for the violation thereof. Section 4-50. Railroad trains; speed, operation . The mayor and council of the city shall have full power and authority by ordinance to regulate the speed and operation of railroad trains on, along or across the streets, avenues or alleys of the city; and to regulate in any other way the running or operation of railway trains within the city limits, as it may deem necessary to protect and safeguard the public and to provide penalties for the violation of any of the provisions of this section. Section 4-51. Authority to regulate vehicles for hire . The mayor and council of the city shall have the full right and power, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage or either or all of them; to provide for the inspection of same; to fix the rates of fare therefor; and to fix and prescribe penalties for violation thereof. Section 4-52. Regulating plumbers and plumbing . The mayor and council have the power and authority by ordinance to provide for the regulation and control of plumbers and plumbing work, and to secure efficiency in the same. Section 4-53. Authority to regulate storage, sale of explosives, combustibles; sale, discharge of fireworks . The mayor and council of the city shall have the right, power and authority, by ordinance, to regulate the keeping of gunpowder, dynamite, petroleum oils, turpentine, and any and all other kind of explosives or combustible materials; to regulate the sale and use of fire crackers, torpedoes, sky rockets, and any other kind of fireworks; to prohibit the
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firing or use of them within the limits of said city; and to prescribe penalties for violations of such ordinances. Section 4-54. Authority to regulate cemeteries . (a) Generally . The mayor and council shall have exclusive jurisdiction over all cemeteries belonging to the city. They may make such appropriations as may be necessary for the care and supervision of same, and may enact ordinances and provide penalties for the purpose of preventing trespass thereon. (b) Fees and charges . They may regulate the charges of grave-digging and interment, hearse fees, and any and everything pertaining to the proper care and operation of such cemeteries; including the sale of lots or right to bury thereon. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees, as they may by ordinance provide. Section 4-55. Removal of ice, snow, debris, overhanging limbs . The mayor and council shall have power and authority to remove within a reasonable time, ice, slush, snow and other debris from sidewalks and to require the owner, agent or lessee owning, occupying or controlling the abutting property to remove all such ice, snow and other debris, and all low-handing limbs from trees adjacent to such sidewalks. Section 4-56. Keeping, handling of animals and fowl . The mayor and council of the city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowl from running at large in said city; to regulate, prevent or prohibit the keeping of certain animals within the city limits, or to regulate the number and manner in which they must be kept, if allowed; and shall have full power and authority to take up and impound any of such animals and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the mayor and council of said city to carry out and accomplish the purposes of this section.
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Section 4-57. Taxation, registration, keeping of dogs . The mayor and council shall have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances. Section 4-58. Establishment, operation of municipal pound . The mayor and council shall have authority to establish a pound for the impounding of animals, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where no owner appears, or when payment of the impoundment fees charged, penalties, or costs is refused; to provide for the disposition of the proceeds of the sale of impounded animals; and to provide for the punishment of all persons, who, without authority, shall break into the pound or interfere with the operation thereof. Section 4-59. Cruelty to animals . The mayor and council shall have power and authority to prohibit the inhuman treatment of animals and provide punishment therefor. Section 4-60. Regulating handling of drugs . The mayor and council shall have the power and authority to regulate, control or prohibit the sale, gift, barter or exchange of narcotic drugs. Section 4-61. Authority to prohibit loitering, loafing . The mayor and council of the city shall have the right and authority, by ordinance, to prohibit idling, loitering and loafing on the streets, alleys, lanes, squares, sidewalks and other public places in the city, or upon any of them, and to prohibit idling, loitering and loafing in any public buildings in said city, and to prescribe penalties for the violation thereof. Section 4-62. Prohibiting; punishing beggars, prostitutes . The mayor and council shall have the power and
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authority to restrain and punish vagrants, mendicants, beggars and prostitutes. Section 4-63. Prohibiting keeping of bawdy, assignation, disorderly houses . The mayor and council shall have the power and authority to prohibit and punish keepers and inmates of bawdy, assignment and disorderly houses; to prevent and suppress such bawdy, assignation and disorderly houses; to punish such keepers, inmates and owners or agents of such owners of such houses knowingly permitting such houses to be occupied as such bawdy, assignation or disorderly houses; and to determine such inmates and keepers to be vagrants. Section 4-64. Amusements, noises, other activities interfering with peace and quiet of inhabitants . The mayor and council shall have the power and authority to prohibit and restrain the flying of kites, firing firearms and fire crackers, the rolling of hoops and the use of velocipedes, bicycles and skates, or the use and practice of amusements on the streets or sidewalks and to restrain, regulate and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices, and performances tending, unnecessarily, to interfere with the peace and quiet of the inhabitants of the city; and to suppress and regulate all other unnecessary noises. Section 4-65. Authority to prohibit gambling . The mayor and council of the city shall have the power and authority by ordinance, to prohibit within the limits of said city, the hazarding of money or other things of value at what is known as Matching to match for money or other articles of value; to prohibit any and all other games for the hazarding of money or other things of value; to prohibit the owners, lessees, or occupants of buildings in said city from allowing or permitting persons to match for money or other things of value therein; or to use schemes for the hazarding of money or other things of value; to prohibit raffling in said city; and to prescribe penalties for the violation of any and all such ordinances. Section 4-66. Authority to provide for working of convicts, custody of prisoners . (a) Scope of authority . The
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mayor and council shall have full power and authority to provide for the working of the convicts from the police court upon the streets and other public places and works of said city; to maintain, establish and equip a jail, prison or guard house in said city for the safekeeping of prisoners and persons charged with violating the laws and ordinances of said city; and to provide for the care of such prisoners. (b) Ordinances to implement provisions . The mayor and council shall have the authority to enact such ordinances as are necessary to carry out the provisions of this section. Section 4-67. Hospitals, similar institutions; establishment, operation . The mayor and council shall have power and authority to establish, maintain and regulate such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority. Section 4-68. Participation in emergency plans with disaster-stricken cities . The mayor and council are hereby authorized to provide by ordinance or resolution for participation by the city in emergency procedure plans whereby the mayor, or in his absence the mayor pro tem, shall be authorized to furnish city equipment, machinery, services, supplies and personnel to other cities during time of emergency therein; provided however, that in the event of such participation liability insurance coverage and other insurance coverage shall remain in force and effect respecting any equipment, machinery, services, supplies or personnel furnished by the city under such plan; and provided further, that the mayor and council may provide by ordinance or resolution for the withdrawal of the city from such plan at any time. ARTICLE V. BOOK OF ORDINANCES Section 5-1. Establishment, maintenance . The city clerk shall maintain in his office a book which shall be known as the Book of Ordinances of the City of Vidalia, hereinafter referred to as the Book of Ordinances. Section 5-2. Entry of ordinances into book of ordinances . All ordinances enacted by the Mayor and Council shall be
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entered in the book of ordinances after their enactment, and no person shall be punished, nor suffer nor incur any civil or criminal liability or penalty, by reason of the violation of any ordinance of the city until such ordinance has been entered in the book of ordinances. Section 5-3. Prerequisites to entry of ordinance . No ordinance shall be entered in the book of ordinances until approved by the Mayor or until it has become law without his approval as provided in this charter or has been enacted by the Council over the veto of the Mayor. Section 5-4. Entry in book of ordinances as publication . No publication shall be required of any ordinance except its entry in the book of ordinances as herein provided. Section 5-5. Certification of enactment of ordinance . Whenever any ordinance or amendment thereof is entered in the book of ordinances, the city clerk shall enter therewith a certificate showing its enactment by the Mayor and Council. Section 5-6. Deletion of repealed ordinance . When any ordinance or part thereof is repealed, the city clerk may delete or remove the same from the book of ordinances. Section 5-7. Availability of book of ordinances, extracts therefrom . The book of ordinances provided for in section 5-1 shall be open to the public during all regular business hours of the city clerk and copies of all ordinances included in the book of ordinances, or parts or extracts therefrom, shall be furnished by the clerk to all persons requesting the same upon the payment of such reasonable fee therefor as may be prescribed by the Mayor and Council, which fee shall be paid over by the clerk into the general funds of the city. Section 5-8. Extracts from book of ordinances as evidence . Extracts from the book of ordinances when certified by the clerk under the seal of the city, shall be admissible in evidence in any court of this state, without further proof of their authenticity or their enactment.
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Section 5-9. Applicability of provisions to existing ordinances . This article shall not repeal nor affect existing ordinances of the city except that such existing ordinances shall be entered in the book of ordinances not later than January 1, 1969 and after said date this article shall apply to all ordinances of the city now existing. Any existing ordinances may be entered in the book of ordinances earlier than said date, and upon their entry therein shall be subject to all the provisions of this article. ARTICLE VI. POLICE COURT Section 6-1. Continued, designated . The police court of the city, created under and by virtue of the provisions of Georgia Laws 1922, Act No. 352, page 1004, section 24, is hereby continued, and shall continue to be known and designated as the Police Court of the City of Vidalia. Section 6-2. Presiding officer designated . Sessions of the police court shall be held and presided over by the city recorder. Section 6-3. Time, place of sessions . Sessions of the police court shall be held and presided over at the city hall building in the city, or at such other place in said city as the Mayor and Council may direct, daily or at such times as in the judgment of the presiding officer of said court may be necessary. Section 6-4. Scope of jurisdiction . The jurisdiction of the police court shall extend over all violations of the laws and ordinances of the city and all other laws of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said violations and offenses are committed within the corporate limits of the city. Section 6-5. Jurisdiction extended beyond city limits . The city shall have the power and authority to exercise police power over all property beyond the limits of the city but owned by the city or by the Vidalia Development Authority, and jurisdiction of violations of the ordinances of the city in and over such territory is hereby vested in the police court of the city.
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Section 6-6. Powers enumerated . The police court and the presiding officer thereof shall have the following powers: (a) Contempt . To punish for contempt against its lawful authority whether in its presence or otherwise; (b) Summonses, subpoenas . To issue summonses and subpoenas for witnesses and compel their attendance whether residents of the city or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether in the city or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said police court; and to punish, as for contempt, failure to obey its legal summonses and orders; (c) Continuances . To grant continuances under rules of law; (d) Bonds, recognizances . To take bonds and recognizances for persons charged with offenses against the laws and ordinances of the city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; and to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and places specified therein, under such rules and regulations as the Mayor and Council of said city shall by ordinance prescribe; and (e) Enforcement of authority . To do generally, all other acts and things necessary for the proper enforcement of its authority. Section 6-7. Trial of violations against city laws and ordinances; limitation upon penalty . The mayor or recorder, as the case may be, shall have the power and authority to try all offenses and violations against the laws and ordinances of the city, committed within the corporate limits thereof, and upon conviction, to punish offenders by a fine
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not exceeding two hundred dollars ($200.00), by imprisonment in the city jail or guardhouse for any term not exceeding ninety (90) days, or by compulsory work, not exceeding ninety (90) days, on the streets of the city or upon any of the public works of said city, as the presiding officer of said court may direct. Section 6-8. Imposition of punishments . Any or all of the punishments prescribed in section 6-7 may be inflicted in the discretion of the Mayor or the recorder, as the case may be, presiding in the police court, and such presiding officer shall have the authority to impose any of the above punishments in the alternative. Section 6-9. Limitation upon punishment for contempt . The police court shall have the power and authority to punish for contempt by fine not exceeding twenty-five dollars ($25.00), or by imprisonment in the city jail or guardhouse not exceeding ten (10) days, either or both, in the discretion of the presiding officer of said court; provided that a continuous failure or refusal by any person to obey the lawful orders and summonses of said court shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed. Section 6-10. Execution, levy, sale to enforce collection of fine . Whenever any person is convicted and sentenced to pay a fine or to imprisonment or to work upon the streets of the city or other public works thereof, and fails or refuses to pay said fine, the collection thereof shall be enforced by execution, levy and sale in the same way and manner as the collection of taxes is enforced in the city. Section 6-11. Criminal jurisdiction of justice of the peace vested in presiding officer . The Mayor or the recorder of the city presiding in the police court of said city, shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a justice of the peace, and when it shall appear upon the trial of any case in the police court of said city, that an offense against the laws of the state has been committed within the limits of said city, it shall be the duty of the Mayor, Mayor pro tem or the recorder of
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said city, as the case may be, presiding in said court, to make a through investigation into the facts and to commit the offender to jail or to bail to answer to the court having jurisdiction of the offense if the offense is bailable. Section 6-12. Jurisdiction to try nuisances, require abatement . The police court of the city shall have concurrent jurisdiction with the Mayor and Council of said city in respect to the trial and abatement of all nuisances in said city. Section 6-13. Right to trial upon written accusation . All trials in the police court of the city shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation, in writing, shall be preferred against him, in which event a written accusation, in form substantially as follows: Georgia, Toombs County, City of VidaliaIn the Police Court of the City of Vidalia: I,, chief of police (or policeman) of said city, in the name and behalf of the City of Vidalia, charge and accuseof the offense of, contrary to the laws and ordinances of said city, the good order, peace and dignity thereof, shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and the issue thus formed the case shall proceed to trial and disposition. Section 6-14. Appearance bondsamount, conditions, effect . The chief of police or any policeman of the city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a bond with good and sufficient security to be approved by the chief of police or the assistant chief, or in their absence by the senior officer on duty, payable to the mayor of said city, an amount fixed by the said chief of police or the assistant
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chief, or in their absence by the senior officer on duty, for the personal appearance of such person before the police court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence except by leave of the court, except when the offender is violent, in which case bail may be refused. Section 6-15. SameForfeiture . In the event the principal fails to appear before the police court as stipulated in his appearance bond, said bond shall be forfeited in said court and the presiding officer thereof shall have the power and authority to order the principal in said bond re-arrested and placed in the city jail or guardhouse until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper. Section 6-16. Certiorari to review convictionPrerequisites . Any person convicted in the police court in the city for a violation of any of the laws and ordinances of said city shall have the right to certiorari to the Superior Court of Toombs County; provided, all costs are first paid to the city clerk, who shall, upon payment thereof, certify in writing that the same has been paid and bond and security given in double the amount of the fine imposed, to personally appear, stand to and abide by the final judgment in said case; and if no fine is imposed and the defendant is sentenced to work on the street or other public works in said city, then a like bond shall be given, the amount of which shall be fixed by the presiding officer of said police court. Section 6-17. SameBonds to be approved . All bonds given in certiorari cases shall be approved by the presiding officer in the police court. Section 6-18. SameAffidavit in lieu of bond . Nothing in sections 6-16 through 6-20 shall prevent the defendant if he desires to certiorari his case from filing the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the costs.
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Section 6-19. SameAffidavit, bond to act as supersedeas . Upon the affidavit provided for in section 6-18 being made or the bond provided for in section 6-16 being given, the same shall act as a supersedas of the judgment sought to be reviewed by certiorari, until the final judgment is rendered in said case. Section 6-20. SameRules and regulations applicable . All certiorari shall be governed under the same rules and regulations, except as otherwise provided herein, as are provided by law for the carrying of cases by certiorari from the Court of Ordinary to the Superior Court. Section 6-21. City recorderCreation, establishment of office . The Mayor and Council of the city shall create the office of city recorder for said city and elect some upright and intelligent person reasonably skilled in the law, resident of the city, to perform the duties of that office. Section 6-22. SameQualifications, oath of office . The recorder shall be a qualified voter of the city and shall take and subscribe to such oath as the Mayor and Council may by ordinance prescribe. Section 6-23. SameTerm of office . The recorder may be elected at any time that in the judgment of the 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 qualifications of the Mayor and Council following the next city election, and until his successor is elected and qualified. Section 6-24. SameCompensation . Whenever the Mayor and Council in their judgment see fit to create the office of city recorder and elect a person to perform the duties of that office, they shall also fix his compensation therefor. Section 6-25. SameDuty to preside in police court . It shall be the duty of the recorder to preside in the police court of the city in all cases, except when providentially hindered or when absent from the city, or when he may be disqualified. In either case the Mayor or the Mayor pro tem
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shall preside as acting recorder with the same power that is vested in the recorder. ARTICLE VII. PENALTIES AND PROCEDURES ON ARREST Section 7-1. Authority to arrest, confine persons arrested . The Chief of Police and all policemen of the City and the detective force shall be fully authorized and empowered to arrest any person within the corporate limits of the City charged with an offense against its laws and ordinances and to imprison and confine such persons arrested by them in the city jail or guardhouse, or in the jail of Toombs County until trial, or to admit them to bail as provided in this charter. Section 7-2. Territorial scope of power to arrest . The Chief of Police and policemen shall be authorized to arrest anywhere within the limits of this state any person charged with a violation of the laws and ordinances of the City upon a warrant from the proper officer of said City authorized to issue the same. Section 7-3. Arrest for violation of city laws, ordinances . In no case, except as herein otherwise provided, shall the Chief of Police or any policeman of the City make any arrest of any person charged with a violation of any of the laws and ordinances of said City without first having procured from the Mayor, Mayor Pro Tem or Recorder of said City (each of them being hereby authorized and empowered to issue warrants for the apprehension and arrest of persons charged with violating any of the laws and ordinances of said City), a warrant for the arrest of such persons, unless the offense or violation is committed in the presence of such arresting officer, or the offender is attempting to escape, in which event said officer may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. Section 7-4. Arrest for violation in presence of officer . It shall be the duty of the Chief of Police and policemen of the City to arrest any person violating any of the laws of
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this state in their presence and to immediately carry such persons before a magistrate and see that a proper warrant is sworn out. Section 7-5. Authority to arrest without warrant . (a) Loiterers, loafers . The Chief of Police and policemen of the City shall have the right and authority to arrest without warrant, any person idling, loitering or loafing upon the streets, sidewalks, alleys, lanes, parks, squares or any other public place in said City, and to imprison such person in the city jail or guardhouse or to admit him to bail for appearance for trial for such offense before the police court. (b) Suspicious persons . Said Chief of Police and policemen are also empowered and authorized to arrest without warrant and detail for a reasonable length of time, any person who may be acting suspiciously in said City, or whom said officers may suspect of having evil design against some person or property in said City or the laws and ordinances thereof. (c) Escaped convicts, fugitives . Said Chief of Police and policemen are also empowered and authorized to arrest and detain without warrant, any person who may be an escaped convict of the state or any municipality thereof, or who may have escaped arrest from county or state authorities or from any municipality thereof, for any offense committed therein. (d) Authority under state law . Said officers may arrest without warrant in all cases, where authority is given to arresting officers of this state by the laws of Georgia, for making arrests without a warrant. Section 7-6. Service of summons in lieu of arrest . Upon information that an offense against the City's laws and ordinances has been committed, and said violation has not been committed in the presence of a police officer of the City, but said police officer is satisfied that the person charged with such offense is not likely to leave the City to escape arrest under a warrant, he shall give said person
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a written summons to appear before the police court at its next regular session to answer such charge. Section 7-7. Failure to obey summons . If the person served with a summons as provided in section 7-6 refuses to obey such summons, he shall be deemed in contempt of the police court and shall be punished accordingly. Section 7-8. Use of warrant to prevent accused from leaving city . If a police officer of the City has reason to believe that an accused person will leave the City and not obey a summons served as provided in section 7-6, said officer shall obtain a warrant from the proper officers of the City for the arrest of said person, and imprison said person until a trial is had before the police court, the accused is admitted to bail for his appearance before the police court at its next regular session to answer the charge against him. Section 7-9. Arrest for violation of state laws . It shall be the duty of all police officers in all cases where they know that state laws are being violated in the City, to apply to the nearest magistrate for a warrant for such person and have the same executed. Section 7-10. Authority to execute warrants for violation of state laws . The Chief of Police and policemen of the City shall be authorized to the same extent as sheriffs of this state to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this state. Section 7-11. Authority to break and enter to effect arrest . The Chief of Police and policemen of the City shall have the right and authority, upon proper warrants, to break and enter any house or place in said City where they or either of them, may have reason to suspect that any of the laws and ordinances of the City are being violated, and to arrest the persons therein and imprison or admit them to bail as herein provided in cases of arrest. Section 7-12. Authorizing police to summon assistance . The Mayor and Council of the City shall have the power
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and authority to authorize by ordinance any policeman of said City to summon any and all bystanders to aid in the arrest of any person violating any ordinance of said City or any law of this state, and to provide punishment for any person failing or refusing to obey such summons. ARTICLE VIII. REGISTRATION OF VOTERS . Section 8-1. System for registration of voters adopted . A system for the registration of voters is hereby established for the City. Section 8-2. Scope of registration provisions . No person shall be allowed to vote in any election of any kind held in the City without having first registered in accordance with the provisions of this article and of such ordinances or regulations as may be adopted hereunder; and the Mayor and Council are hereby empowered to adopt such ordinances and regulations as may be deemed proper to carry out the purposes of this article. Section 8-3. Qualifications of applicant for registration . Any voter registering under the provisions of this article shall be a qualified voter as long as he remains a citizen of the City of Vidalia, pays all taxes required of him by said City and by the State of Georgia, and is otherwise qualified to register in any general election in the State of Georgia. Section 8-4. Forms for registration; contents, execution . The Clerk of Council, or other registering officer appointed by the Mayor and Council in the event of the sickness or absence of the Clerk, shall procure blanks containing the oath to be subscribed by persons entitled to register in the City. Said blank shall be properly filled in, and the oath signed by the voter. The same shall be dated and for this purpose the registering officer shall be authorized and empowered to administer oaths to the persons so registering. Section 8-5. Oath of registrant . The Clerk of Council or other registering officer appointed for the purpose shall require an applicant for registration to take the following oath before him:
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I do solemnly swear that I am a citizen of the United States; that I am at least eighteen (18) years of age, and am qualified by citizenship, residence and constitutional qualifications to vote for members of the General Assembly of Georgia in the County of Toombs, and that I will have resided in the City of Vidalia for not less than six (6) months next preceding this registration, or by the vote of the next city election if still a resident of this City I will have fulfilled these conditions; that it is my intention to remain a resident of this City until the day of election; that I have paid all taxes due to the City of Vidalia; and that I have made all returns required of me by the ordinances of this City, so help me God. When an applicant for registration is so sworn, a minute of that fact shall be entered opposite his name on the registration list. Section 8-6. RegistrarsSelection, term . At the first meeting of the Mayor and Council held after the passage of this Act, the Mayor and Council shall elect by ballot three (3) registrars for the City, who shall serve until their successors are elected and qualified as hereinafter provided. At the first regular meeting of the Mayor and Council held January of each odd-numbered year thereafter, the Mayor and Council shall elect by ballot three (3) registrars for said City. Said registrars shall be qualified voters of said City. In the event of the death or resignation of any registrar his unexpired term shall be filled by the Mayor or Council. Section 8-7. SameOath . The registrars selected as provided in section 8-6, before entering upon their duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as registrar. Said oath shall be filed with the Clerk of Council and entered upon the minute books of the City.
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Section 8-8. SameCompensation . The Mayor and Council of the City shall have the power and authority to fix the compensation of registrars and to pay the same. Section 8-9. Actions of registrars to be public . All actions of the registrars in revising the lists of voters registered in the City shall be done in public, in the Council chambers of the City. Section 8-10. Time for opening, closing registration list . The Clerk of Council or in case of his sickness or absence, the officer of the City duly appointed by the Mayor and Council for that purpose, shall open at the Clerk's office, or at such other place as may be designated by the Mayor and Council, notice of such change being given by newspaper publication forty-five (45) days prior to each election, a list for the registration of voters, which list shall be kept open from 9:00 a.m. until 5:00 p.m. each and every day, Sunday excepted, for a period of fifteen (15) days, when it shall be finally and absolutely closed at 5:00 p.m. on the fifteenth day. Section 8-11. Registration of absent persons . Any qualified voter, who by reason of physical disability or prolonged absence from the City, is unable to apply in person for registration, may make an affidavit before some officer authorized by law to administer same, stating the age, occupation, residence and cause of disability of such applicant, and when the Clerk or other registering officer shall receive such affidavit during the time in which the lists are open, it shall be his duty to enter the name of the applicant upon the register. Section 8-12. Duty to prove right to register . No person unknown to the Clerk of Council or other registering officer appointed for the purpose, shall be allowed to register until he produces evidence of his residence in the City and his right to register. Section 8-13. Preparation, revision, certification of registration lists . In making a voters' registration list, and in revising such list, the registrars shall examine the grounds
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for disqualification of voters, including criminal records, insolvent tax lists, tax digests, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no name from said list who is entitled to register and vote. After such registrars have fully completed their work in revising the registration list, they shall have two (2) identical alphabetical lists made, giving the name, age, occupation and residence of each voter, and shall certify to the correctness of each list and date and sign the same officially. Section 8-14. Revision of lists to exclude disqualified persons . In order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year, as now or may be hereafter provided for by state law, and in addition thereto, the board of registrars is hereby empowered and directed to prepare a list of all those who are disqualified to vote by reason of the nonpayment of city taxes since the adoption of the present Constitution of the State, and shall also provide for a revision of said list from year to year. The registering officer shall refuse to register any person whose name appears on either of these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed. Section 8-15. Registrars to hear complaints . Five (5) days prior to the date of any election for any purpose, held in and for the City, the Clerk of Council shall turn over to the registrars the list of registered voters, and said registrars shall appoint a time when they, in open session in the council chamber, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have three (3) days' personal notice, if in the City, or if not in the City, then three (3) days' notice by leaving a copy at his residence, of the time and place of hearing and of the grounds of challenge, and the registrars shall sit as a court to review said case, and may subpoena witnesses, hear evidence, and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence, and determine whether
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such applicants should be allowed to register. Said registrars shall review the registration list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as herein provided. Section 8-16. Delivery of Voters' Lists to Clerk of Council . The registrars shall file one copy of the revised voters' list with the Clerk of Council for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside, and deliver to the Clerk of Council, to be by him kept unopened until the day of election, and then handed to the managers of said election. Section 8-17. Custody of voters' lists . At the same time the registrars deliver the voters' lists to the Clerk of Council, they shall return to said Clerk the original list entries of the persons registering and their oaths, and all of these lists shall remain in the office of said Clerk at all times during office hours, subject to the inspection of any parties in interest. Section 8-18. Registration to be permanent unless voter becomes disqualified . All persons who may register as herein provided and otherwise qualified to vote in the City of Vidalia shall remain permanently registered and shall be entitled to vote at all elections held by the City of Vidalia or its authorities so long as he may continue to be a qualified voter in said City, provided he does not become disqualified to vote for members of the General Assembly or does not pay the taxes required of him by the City, in either of which events said elector's name shall be stricken from the list of qualified voters by the board of registrars, which is hereby authorized to purge said list immediately prior to each election. Section 8-19. List of registered voters to be kept as permanent list . The list of registered voters, prepared and purged as herein provided, shall be kept and retained on file in the office of the Clerk of the Mayor and Council of the City as a permanent registration list, until the same has been superseded by a new list, also prepared and purged as
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provided herein, at which time the superseded list may be destroyed. Section 8-20. Violations by registrants . Any person who shall register illegally under this article or be guilty of a violation of Section 34-1901 and 34-1902 of the State Election Code pertaining to false statements and false registration, in registering under this article, shall be guilty of a misdemeanor, and on conviction shall be punished therefor. Section 8-21. Violations by clerk of council, registrars . Should the Clerk of Council or registrars, wilfully refuse to permit any person to register who is entitled to do so under this article, or fail to enter the name of any such person upon the book to be kept for that purpose, or should illegally erase the name of any such person from such book, or the lists prepared for holding such election, or shall wilfully enter the name of any person on such lists who is not entitled to register, then such clerk or registrar so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. ARTICLE IX. ELECTIONS Section 9-1. Division of city into wards . For the purpose of electing four (4) of the five (5) councilmen of the city, the city is hereby divided into four (4) wards, which shall be composed of the following territory: First ward . The first ward shall be bounded on the north by the center line of the First Street (U. S. Highway No. 280), on the east by the southeastern city limits, on the south by the center line of Center Drive (State Highway No. 29), and on the west by the center line of Jackson Street and Center Drive (State Highway No. 29). Second ward . The second ward shall be bounded on the north by the center line of First Street (U. S. Highway No. 280), on the east by the center line of Jackson Street and Center Drive (State Highway No. 29), on the south by the southern city limits, and on the west by the southwestern city limits.
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Third ward . The third ward shall be bounded on the north by the northern city limits, on the east by the northeastern city limits, on the south by the center line of the First Street (U. S. Highway No. 280), and on the west by the center line of Church Street, McIntosh Street, and McIntosh Street extension (State Highway No. 297). Fourth ward . The fourth ward shall be bounded on the north by the northern city limits, on the east by the center line of Church Street, McIntosh Street, and McIntosh Street Extension (State Highway No. 297), on the south by the center line of First Street (U. S. Highway No. 280), and on the west by the western city limits. Section 9-2. Selection of councilmen by wards, at large . One councilman shall be elected from each of the four (4) wards described in section 9-1, and one councilman at large shall be elected. Section 9-3. Councilmen, mayor to be elected by voters of entire city . All councilmen and the mayor shall be elected by the voters of the entire city. Section 9-4. Residence requirements of candidates for councilman, mayor . In order to be eligible to be elected as a councilman from a ward, the candidate therefor must be a resident of such ward on the date he qualifies to run for office, and at the time of election thereto. In order to be eligible to be elected as councilman at large, or to be elected mayor, the candidates therefor may reside in any ward. Section 9-5. Candidates for council to indicate type of candidacy . All candidates for the office of councilman shall designate whether they are offering as a candidate from a ward or as a candidate from the city at large. Section 9-6. Time of election of councilmen . On the second Wednesday in December, 1967, and every four (4) years thereafter, a councilman from the third ward, a councilman from the fourth ward and a councilman from the city at large shall be elected. On the second Wednesday in December, 1969, and every four (4) years thereafter, a
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councilman from the first ward and a councilman from the second ward shall be elected. Section 9-7. Time of election of mayor . A mayor shall be elected on the second Wednesday in December, 1967, and on such day every two (2) years. Section 9-8. Election managersSelection . Five (5) days prior to any election the mayor and council shall name as election managers three (3) qualified voters of the City of Vidalia; but no person who is a candidate for any office in the city, or who is at the time of said election an office-holder 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 or the justice of the peace courthouse for the 51st militia district of Toombs County, or both such places, as voting places for any elections held within the city, and appoint three (3) qualified voters of the City of Vidalia, as provided above, to act as election managers in each voting place. Section 9-9. SameUse of certified voters' list . The election managers, when organized and ready for receiving votes at any election held in the 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 provided in section 8-16, 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 on such list as voted. Section 9-10. Designation of polling places . The mayor and council of the city shall designate the polling places for the conduct of elections in the city. Section 9-11. Hours for opening, closing polls . The polls for the holding of all elections in and for the city shall open at 7:00 a.m. and remain open until 7:00 p.m. by the time in common use in said city. Section 9-12. Challenge of voters . When any voter is challenged, that fact shall be so written opposite his name
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on the lists and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen (18) years, and resided in the State for one (1) year, in the County of Toombs and in the City of Vidalia for not less than six (6) months next preceding the election; that I have paid all the taxes which, since the adoption of the present Constitution of the state, have been required of me, and which I have had opportunity to pay agreeable to law, except for the year in which this election is held, and that I have not voted before at this election, so help me God. Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Section 9-13. Custody, disposition of ballots cast . After any election held in the city, 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. Said clerk in turn 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 (30) days after said election, when, in the event of no contest having been filed as to the results of said election, the ballots shall be destroyed by them. Section 9-14. Preservation of tally sheets, voting list . After any election held in the city, the voting list and tally sheets shall be returned to the clerk of council, and shall be preserved by him in the city records. Section 9-15. Certification of election results . The managers of any election held in the city 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.
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Section 9-16. Declaration of election results . The mayor and council, or so many of them as are not disqualified by being a candidate for election shall, at their first meeting after an election, receive said returns from the election managers and declare the result of the election in accordance with the certificate of the managers, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried or not carried, as the case may be; the resolution of the council declaring the results of the election, together with the certificate of the managers, shall be entered on the minutes of the council; provided, however, that any two (2) councilmen or one (1) councilman and the mayor, shall have authority to declare the result of said election in the event a majority of said body should be disqualified. Section 9-17. Absentee voting regulated . (a) Absentee elector defined . The term absentee elector as used herein, shall mean, unless otherwise clearly apparent from the context, an elector of the State of Georgia and City of Vidalia, who is required to be absent from the city during the time of a municipal primary or election in which he desires to vote, or who, because of physical disability will be unable to be present at the polls on the day of such municipal primary or election. (b) Right to vote . An absentee elector shall be permitted to vote in any municipal primary or election, provided he is not disqualified from voting for reasons other than inability to be present at the polls because of absence from the city during the time of such primary or election or because of physical disability, and provided further, that the right of such absentee elector to vote in such primary or election shall be governed by the provisions of the Georgia Election Code pertaining to absentee voting, being Chapter 34-14 of the Code of Georgia except those provisions which by their nature can have no application, and by the provisions of any other laws of the state pertaining thereto. Section 9-18. Primary elections . (a) Authorized . A primary election for political parties desiring to select their candidates by such procedure, shall be held biennially in
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every odd-numbered year in the city to nominate candidates to run as nominees of their political party in the general elections to be held in the city to elect a mayor, councilmen and members of the board of education and such other elective officers in the city as may be elected by a vote of the people. (b) Filing candidacy . All persons desiring to become candidates in such primary election in and for the city shall be qualified, registered voters of the city, shall be required to pay the entrance fee and file notice of such candidacy with the clerk of the city at least thirty (30) days before the date of said election. (c) Time of primary . Such primary election shall be held on the fourth Wednesday in October, biennially in each odd-numbered year, to nominate candidates to run on their party's ticket for all the elective offices in the city in the general election to be held on the second Wednesday in December in said year. (d) Selection of nominee . The candidate receiving the highest number of votes in such primary election for the office he has designated shall be declared the nominee of that political party, to run for said office in the general election; provided, should any two or more candidates running for nomination for the same office receive the same number of votes in the primary election, such candidates may run the tie off in the general election and the one receiving the highest number of votes be elected to the office. (e) Right to recount . If any candidate running in the primary election for the nomination to any office, is aggrieved by the result of the election and desires a recount of the votes cast for and against him, a recount shall be had by filing a written demand for a recount with the executive committee of his political party, the demand to be filed within three (3) days from the date of the election, in which he shall state the reason for a recount, and when a demand for recount is filed it shall be the duty of the executive committee to convene within five (5) days from
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the date of filing of the demand and recount the votes cast for and against the contestant. The finding of the executive committee shall be final and no further appeal shall be allowed. (f) Manner, place of holding primary . A primary election shall be held at the same place as that fixed for the holding of the general election and under the same regulations, except that it shall be held by managers appointed by the executive committee of the political party conducting the primary, and shall be held under the Australian balloting system. (g) Registration of voters . A system of registration of voters in the primary election shall be the same as fixed for registration and voting in the general election in the city, except that all persons registering and voting in the primary election shall be at the time they register and vote, qualified to register and vote for members of the General Assembly in the state primary election for their political party; and except that no voter in the city in order to be qualified to vote in any primary or general election in the city shall be required to register his name as a voter at any place except as required by this charter with reference to qualification of voters; and except that it shall not be necessary for any person to pay any taxes in order to be qualified to vote in any election in the city. (h) Selection of executive committee . Biennially at each primary election five (5) committeemen of the political party participating in the primary shall be elected, who shall serve a full term of two years, their term beginning on the first day of January after their election. They shall be qualified registered voters of the city at the time of their election. (i) Duty of committee . It shall be the duty of such executive committee to pass on the qualification of candidates running for nomination in the primary election, to fix the date for closing, entrance and to fix the entrance fee to be charged each candidate, to recount the votes in any contest
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when a demand for a recount is filed and to declare and file the result of their finding. Section 9-19. Police to preserve peace and order at polls . To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity of casting his ballot, or so the secrecy of the same may be maintained, it shall be the duty of the municipal authorities to furnish a sufficient number of police to secure that end. Section 9-20. Unlawful approach to polls . At any election held in the city no person shall be permitted within two hundred fifty (250) feet of any polling place, except voters approaching the polls for the purpose of voting, the election managers and clerks, county or municipal officers called in by the managers to preserve order, and persons passing along the highways on their business. Section 9-21. Accompanying voter to polls . It shall be unlawful for any person to lead or carry a voter to the polls, or to accompany or follow him, either to influence his vote, or to see how he votes, or to see that he votes in any particular way. Section 9-22. Electioneering . It shall be unlawful for any person to electioneer, or in any way to influence or try to influence any voter, or to speak to him on any subject of voting within two hundred fifty (250) feet of the voting place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duties as such; provided they do not electioneer or try to influence any voter in any particular way. Section 9-23. Penalties for unlawful conduct at polls . Any person or persons who shall in any manner violate either or any of the provisions of sections 9-20 through 9-22 shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanor. Section 9-24. Violations and penalties . The violations set forth in Chapter 34-19 of the Code of Georgia of 1933, as amended, being part of the Georgia Election Code, when
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committed in any city primary or election, shall constitute violations of this article; excepting therefrom, however, those violations and penalties which by their nature can have no application; and excepting further, that the maximum penalties which may be imposed therefor shall be the penalties prescribed in section 6-7 of this charter. ARTICLE X. RECALL OF ELECTIVE OFFICERS Section 10-1. Scope of article provisions . Any elective officer of the city shall be subject to recall and removal from office by the qualified voters of the city, and the procedure to effect such removal shall be as provided in this article. Section 10-2. Recall election prohibited at certain times . No recall petition shall be filed against any officer of the city within six (6) months after his election, nor within six (6) months after an election for such officer's recall. Section 10-3. Petition for recall; execution, filing . A petition demanding that the question of removing an elective officer or officers be submitted to the voters, shall be filed with the person discharging the duties of city clerk. Such petition for the recall of any such elective officer or officers shall be signed by at least twenty-five per cent (25%) of the qualified voters as determined by the last registration list as used in the last election, at least one-fifth (1/5) of whom shall certify that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be recalled. Section 10-4. Issuance of petitions for signatures . Petitions for signatures for recall of an elective officer shall be procured only from the person exercising the duties of city clerk, who shall keep a sufficient number of such blank petitions on file for distribution; prior to the issuance of such petitions for signature there shall be filed with such person an affidavit by one or more qualified voters, stating the name or names of the officer or officers sought to be removed, and that issuance of such petition or petitions are desired. Section 10-5. Record of petitions for removal issued . The officer issuing petitions for removal of an elective officer
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shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance and the number of such petition issued, and shall certify on such petitions for signatures the name of the voter to whom issued and the date of its issuance. Section 10-5. Record of petitions for removal issued . The officer issuing petitions for removal of an elective officer shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance and the number of such petition issued, and shall certify on such petitions for signatures the name of the voter to whom issued and the date of its issuance. Section 10-6. Prerequisites to accepting petition for signatures . No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears the certificate provided for in section 10-3 and be filed as herein provided. Section 10-7. Identification of signer of recall petition . Each signer of a recall petition shall sign his name thereto and shall write thereon, after his name, his place of residence in the city, by street and number. Section 10-8. Affidavit of circulation to accompany recall petition . To each petition for recall there shall be attached an affidavit of the circulation thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in his presence, and is that of a person whose name it purports to be. Section 10-9. Filing of recall petition, notice thereof . All papers comprising a recall petition shall be returned and filed with the city clerk, within thirty (30) days after the filing of the affidavit hereinbefore provided for. Upon the return of such petition, the person exercising the duties of the city clerk shall at once submit the same to the governing authority of the city, and shall notify the officer or officers sought to be recalled of such action. Section 10-10. Fixing date for recall election . If the official whose removal is sought does not resign within five
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(5) days after the notice provided for in section 10-9 is given, the governing authority of the city shall thereupon order and fix a day for holding a recall election, the date of which election shall not be less than fifteen (15) nor more than thirty (30) days from the time the petition for recall was presented to the governing authority of the city. Section 10-11. Form, content of ballot . The ballot in a recall election shall conform to the following requirements: With respect to each person whose removal is sought the question shall be submitted Shall (name of person) be removed from the office of (name office) by recall? Immediately following each of such questions there shall be printed on the ballots, in separate lines, in the sequence here set out the words: For the recall of (naming person), against the recall of (naming person). Section 10-12. Effect of recall election . Should a majority of the votes cast at a recall election be for the recall of the officer named on the ballot, he shall be deemed removed from office, regardless of any defects in the recall petition; but should a majority of the votes cast at such recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his term, subject to recall as herein provided. Section 10-13. Effect of election recalling less than all elective officers . If in a recall election there shall remain, as a result of such election, one or more of such elective officers who is not recalled, then such officers or officer not recalled shall discharge all of the duties incumbent upon the governing authority of the city until the vacancy or vacancies created at such recall elections are filled by an election for that purpose as hereinafter provided for. Section 10-14. Election to fill vacancies created by recall . If at any recall election it is not proposed and submitted to recall all of the elective officers, but any one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled, the governing authority of the city, within five (5) days after the result of such election has been certified by
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the mayor thereof, shall meet and on the same day order an election to fill such vacancy or vacancies, which election shall be held not less than ten (10) days nor more than twenty (20) days after the same has been ordered. Section 10-15. Conduct of election to recall all elective officers . If in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballot under the question of recall the names of candidates to fill the vacancies proposed to be created by such election, in which event, however, the name of such officers proposed to be recalled shall not appear on the ballot as candidates. Section 10-16. Authority of Ordinary of Toombs County . In the event the governing authority of the city shall fail or refuse to receive the recall petition, order such recall election, or discharge any other duties with reference to such recall, or in the event of the failure of the city clerk to discharge the duties herein provided to be discharged by him, the Ordinary of Toombs County, Georgia, shall discharge any of such duties herein provided to be discharged by the governing authority of said city, or any of the duties herein provided to be discharged by the city clerk. ARTICLE XI. INITIATIVE AND REFERENDUM Section 11-1. Submission of ordinance, resolution . Any ordinance proposed by the voters of the City may be submitted to the Mayor and Council for adoption, and any ordinance or resolution passed by the Mayor and Council may be submitted to the people for repeal. Section 11-2. Filing ordinance, resolution; referring committee constituted . An ordinance or resolution proposed to be adopted or repealed shall be set out in a written or printed instrument which shall be filed with the City Clerk, and at the time of the filing of such written or printed instrument, there shall be filed a statement signed by not less than five (5) qualified voters of the City, stating that they have proposed such ordinance or resolution for adoption or repeal, and such voters shall be regarded as the initiating or referring
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committee, as the case may be, for the purpose herein provided. Section 11-3. Petition for adoption or repeal; execution contents . Before any ordinance or resolution may be submitted to the Mayor and Council for adoption or repeal, it shall be necessary that a petition signed by not less than twenty-five per cent (25%) of the qualified voters within the City, determined by the registration list as used in the next preceding election, shall be presented to the Mayor and Council, referring to such ordinance or resolution and requesting its adoption or repeal, as the case may be. All such petitions circulated for signatures shall be uniform in character and shall have attached to the same an exact written or printed copy of the proposed ordinance or resolution sought to be adopted or repealed. Section 11-4. Signatures on petition for adoption or repeal . Each signer of a petition described in section 11-3 shall place on the same, following his name, his place of residence by street and number. The signatures of any such petition need not all be attached to the same paper, but to each such paper there shall be attached an affidavit, by the circulator thereof, stating the number of signers to such part of the petition, that each signature is genuine, that of the person whose name it purports to be, and that it was made in the presence of one affiant. Section 11-5. Hearing on petition for adoption or repeal . When signatures have been obtained in the number provided for in section 11-3, and the petition and statement have been filed with the City Clerk, such officer shall submit all papers pertaining to such ordinance or resolution, and its proposed initiation or reference, to the Mayor and Council at its next regular meeting and such officers shall mail to each of the members of each initiating or referring committee a notice of the time of the next regular meeting of the Mayor and Council when such ordinance or resolution and its adoption or repeal shall be considered, or a time there set by such Mayor and Council for its consideration, which hearing and consideration shall be open to the public, and the public shall
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be permitted to present arguments for or against such proposed ordinance or resolution. Section 11-6. Action by mayor and council on petition for adoption or repeal . After presentation of a petition and public hearing as provided in section 11-5, the Mayor and Council shall within thirty (30) days from the date of the submission of such petition take final action upon the same, by either adopting or rejecting the ordinance thus initiated by petition, or by either repealing or refusing to repeal the ordinance or resolution thus sought to be repealed, and in either event, the action of the Mayor and Council shall be noted in its minutes. Section 11-7. Authority to require submission of ordinance, resolution to voters . If the Mayor and Council refuses to pass or repeal a proposed ordinance or resolution or passes the same in an amended form from that presented in the petition filed pursuant to this article, or repeals only a part of such ordinance or resolution instead of repealing the same in the manner set out in such petition of reference, then in either event, such initiating committee or such referring committee may require that such ordinance or resolution, either in its original or amended form, be submitted to a vote of the voters for adoption or repeal as the case may be. Section 11-8. Certification of desire to submit ordinance, resolution to voters . When an ordinance or resolution proposed by petition is to be submitted to a vote of the voters for adoption or repeal, after the Mayor and Council have acted upon the same, as provided in section 11-7, then such initiating or referring committee, as the case may be, upon a majority vote of such committee shall certify their desire to have the same submitted for adoption or repeal, within twenty (20) days after the Mayor and Council shall have taken action of the same, and shall file such certificate and statement with the City Clerk. Section 11-9. Time of election for adoption, repeal . After receipt of the certificate provided for in section 11-8 and the certified copy of the proposed ordinance or resolution, the City Clerk shall present such certificate and certified
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copy of the proposed ordinance or resolution to the Mayor and Council at its next regular meeting. If any election is to be held at a date not more than ninety (90) days nor less than ten (10) days after such meeting of the Mayor and Council, then such ordinance or resolution proposed for adoption or repeal shall be submitted by the Mayor and Council to a vote of the voters at such election to be held, but if no such election is to be held within such time, then the Mayor and Council shall provide for submitting such proposed ordinance or resolution, for adoption or rejection, to the voters at a special election to be held not less than twenty (20) nor more than forty (40) days thereafter. Section 11-10. Form of ballot for adoption of initiated ordinance . The form of ballot for use in an election held for the adoption of any initiated ordinance shall state the title of the ordinance and contain a succinct statement of its nature and purpose and below such statement, on separate lines, there shall be printed the words: For the ordinance, against the ordinance. Section 11-11. Approval of initiated ordinance by voters . If a majority of the voters voting in an election for the adoption of an initiated ordinance shall vote in favor thereof, it shall thereupon become an ordinance of the City. Section 11-12. Form of ballot for repeal of referred ordinance or resolution . The form of ballot for use in an election held for the repeal of any referred ordinance or resolution shall state the title of the ordinance or resolution and contain a succinct statement of the nature and purpose of the ordinance or resolution sought to be repealed, and below such statement in separate lines, there shall be printed the words: For the repeal of the ordinance (or resolution), Against the repeal of the ordinance (or resolution). Section 11-13. Approval by voters of repeal of referred ordinance or resolution . If a majority of the voters voting in an election for the repeal of any referred ordinance or resolution shall vote in favor of the repeal of such ordinance or resolution, then the same shall be considered as repealed.
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Section 11-14. Applicability of article to franchise elections . Nothing contained in this article shall affect the manner of calling elections to determine whether or not franchises shall be granted. ARTICLE XII. DIRECTORY AND TRANSISTORY PROVISIONS Section 12-1. Succession to rights, privileges, remedies, debts, liabilities . The City of Vidalia, as continued by this Act, shall succeed to all the rights, privileges and remedies of, and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings for the present City of Vidalia, and its former governing authorities as heretofore incorporated. Section 12-2. Preservation of ordinances and resolutions . All ordinances and resolutions in force at the time of the taking effect of this Act, not inconsistent with its provisions, shall continue in force until amended or repealed. Section 12-3. Preservation of legislation pertaining to public school system . The special legislation on the subject of the public school system of the city and the funds belonging to said public school system and the various matters therewith connected shall not be repealed or modified by this Act, but shall remain in full force and effect. Section 12-4. Preservation of existing officers, salaries, fees, licenses, special taxes. Nothing in this Act shall affect the present officers of the city or their fees or salaries, or the licenses and special taxes on the tax rate fixed by the ordinances of said city for the current year. Section 12-5. Severability . If any provision of this Act shall be held to be unconstitutional or invalid for any reason, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect. Section 12-6. Specific repealer . An Act creating a new charter for the City of Vidalia in the County of Toombs, approved August 8, 1922 (Ga. L. 1922, p. 1004), as amended by
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an Act approved August 20, 1925 (Ga. L. 1925, p. 1528), an Act approved August 11, 1925 (Ga. L. 1925, p. 1531), an Act approved August 22, 1929 (Ga. L. 1929, p. 1392), an Act approved March 28, 1935 (Ga. L. 1935, p. 1215), an Act approved March 2, 1943 (Ga. L. 1943, p. 1620), an Act approved February 25, 1947 (Ga. L. 1947, p. 108), an Act approved February 25, 1947 (Ga. L. 1947, p. 115), an Act approved February 2, 1949 (Ga. L. 1949, p. 87), an Act approved February 16, 1951 (Ga. L. 1951, p. 2418), an Act approved February 19, 1951 (Ga. L. 1951, p. 2633), an Act approved December 9, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2091), an Act approved March 21, 1958 (Ga. L. 1958, p. 2833), an Act approved March 3, 1962 (Ga. L. 1962, p. 2581), an Act approved March 10, 1964 (Ga. L. 1964, p. 2635), an Act approved June 24, 1964 (Ga. L. 1964, Ex., Sess., p. 2094), an Act approved March 2, 1966 (Ga. L. 1966, p. 2765), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2640), is hereby repealed in its entirety. Section 12-7. Repealer . All laws and parts of law 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 1968 Session of General Assembly of Georgia a bill to provide a new charter for the City of Vidalia; and for other purposes. This 2nd day of January, 1968. M. O. Strickland, City Attorney, City of Vidalia, For Mayor and Council of City of Vidalia. Georgia, Toombs County. Personally appeared before me this date, Harry Rhoden, publisher of The Lyons Progress, Lyons, Georgia, the official organ of Toombs County, Georgia, who certifies that the legal notice, New Charter of The City of Vidalia, Georgia,
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was published in The Lyons Progress on the following dates: January 4, 11, 18, and 25, 1968. This the 14th day of February, 1968. Harry Rhoden Publisher, The Lyons Progress, Lyons, Georgia. Sworn to and subscribed before me, this the 14th day of February, 1968. /s/ R. P. Johnson, Jr. Notary Public, Georgia State at Large. My Commission expires May 5, 1968. (Seal). Approved April 8, 1968. CITY OF ROCKMARTNEW CHARTER. No. 1009 (House Bill No. 1613). An Act to reincorporate the City of Rockmart in the County of Polk; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, bylaws, rules and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for wards; to provide for the qualifications of candidates and electors; to provide for registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the
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jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I . CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01 . This Act shall constitute the whole charter of the City of Rockmart, Georgia. The City of Rockmart, Georgia, in the County of Polk, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of the City of Rockmart, 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. Corporate Limits . The corporate limits of the city shall include all of the territory within the following described boundaries. A. The corporate limits of the City of Rockmart, in the County of Polk, shall extend to and embrace all the territory within the boundary lines described as follows: Land lot numbers 793, 794, 863, 864, 865, and 866 in the eighteenth district and third section of Polk County, Georgia, also beginning at the southeast corner of land lot number eight hundred and sixty-six (866), being the southeast corner of the city limits of the said City of Rockmart, and running east along the south line of land lot number eight hundred and sixty-seven (867), a distance of 500 feet; thence north parallel with city limits as existing prior to Act 1917, through land lot numbers 867, 862, and 795, to the point of intersection of said line with the right of way of the Southern Railway Company; thence east along the south side of the right of way of the Southern Railway Company a distance of 200 feet; thence north through land lots numbers 795 and
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790 to a point 700 feet north of Walnut Street; thence due west parallel with Walnut Street through land lot numbers 790, 791, and 792, all of above described land lots lying and being in the eighteenth district and the third section of Polk County, Georgia; also extending said line west, parallel with the city limits as existing prior to Act of 1917, and 700 feet north thereof, through land lot number 788 in the twenty-first district and third section of Polk County, Georgia, to the intersection of said line with Euharlee Creek; thence south along Euharlee Creek the intersection of said creek with the city limits as existing prior to Act of 1917, on the north line of land lot number 851; also land lots numbers 849, 850, 851, 852, 853, 854, 923, 924, 925, all lying and being in the twenty-first district and third section of Polk County, Georgia. And in addition to the territory above described, as set forth in the Act of the General Assembly of Georgia, approved August 8, 1917, the following territory annexed and included within said city limits upon petitions of taxpayers, as provided by law, since the amending Act of 1917, is hereby added to and included within the corporate limits of the City of Rockmart, Georgia, and made a part thereof, as follows: Vacant lot owned by J. F. Brooke on the east side of Jones Avenue, fronting on said avenue or street sixty-six (66) feet, and running back, of uniform width, 350 feet, and lying just north of former city limits of the City of Rockmart, Georgia; also the homeplace of W. B. Cochran on said Jones Avenue, said tract of land fronting on said Jones Avenue two hundred and fifty-seven feet, and running back, of uniform width, 350 feet, and lying just north of the tract above described belonging to J. F. Brooke, and being the homeplace where W. B. Cochran resided; also two vacant lots owned by O. F. Morris, lying just north of the former city limits, fronting fifty feet each on Jones Avenue on the west side, and running back, of uniform width, 200 feet; also two lots lying at the rear of the O. F. Morris lots above described, and lying just north of the former city limits of the City of Rockmart, and fronting fifty feet each, and running back, of uniform width, two hundred feet, more or less; also two lots formerly owned by Hugh F. VanDeventer, fronting fifty feet each on Wilson Street, and running back, of uniform width, 200 feet, and lying just north of the
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former city limits of the City of Rockmart, Georgia; also two lots known as the P. H. Durham property, lying just behind the Hugh F. VanDeventer lots as above described, and lying just north of the former city limits of the City of Rockmart, and being known as city lots numbers 54 and 55 of the Jones Subdivision; all the above described property being part of land lying in 18th district and 3rd section of Polk County, Georgia, and being the territory annexed upon petition of taxpayers by ordinance of the mayor and council of City of Rockmart, September 7, 1926. Also a tract of land annexed upon petition of Mrs. P. H. Durham, as follows: Beginning at the northwest corner of Heard Street and Forrest Avenue, and running north along Forrest Avenue sixty feet; thence running due west 210 feet; thence running south to former city limits, and upon which tract is located the Mrs. P. H. Durham dwelling. Also the following additional territory annexed by the mayor and council upon petition of Goodyear Clearwater Mills, to wit: Beginning at a point where the present city limits line intersects the north right of way line of the Southern Railway; thence running east a distance of approximately 1,418 feet, following the said right of way line of the Southern Railway to a steel fence corner near the southeast corner of the Goodyear Clearwater Mill No. 2 site; thence along said fence in a northerly direction to a fence corner on the south side of Goodyear Avenue; thence along the southeast side of Good-year Avenue to the west side of Cartersville road; thence along the west side of Cartersville road to the northwest side of Goodyear Avenue; thence in a southwesterly direction along the northwest side of Goodyear Avenue to the south side of B Street; thence in a westerly direction along the south side of B Street to the west side of Piedmont Avenue; thence along the west side of Piedmont Avenue in a southwesterly direction to the north side of C Street; thence in a northwesterly direction along the north side of C Street to the western property line of the Goodyear Clearwater Mill No. 2; thence south along said property line to its intersection with the present city limits line; thence east and south along said present city limits line to the point of beginning; all in accordance with plat showing development of the Goodyear Clearwater Mill No. 2, as prepared by Robert and Company, Engineers, a copy of
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which is attached to petition of Goodyear Clearwater Mills for annexation of this territory, and of file in office city clerk of City of Rockmart, all said territory referred to as Goodyear tract being in 18th district and third section of Polk County, Georgia. B. That area and territory located on the North side of the City of Rockmart, as indicated by dotted line on the plat of the survey of L. C. Hulsey, City Engineer, of February 24, 1941, said plat being of record in the office of the City Clerk of the City of Rockmart, the same being on the north side of said dotted line as shown on said plat; being more particularly and minutely described as follows: Beginning where the present city limit line intersects the western property line of the Goodyear Clearwater Mills on the north side of C Street as shown on Goodyear property map or Hunter Street as shown on the City of Rockmart plat; thence running north along the western line of Goodyear Mills 738 feet to the intersection of said line with the west side of the Rockmart-Rome Highway; thence running along the northwest side of said highway right of way 392 feet to the northeast corner of the property of C. Lowery and the intersection of land lot line between lots 719 and 722; thence running west along the said land lot line 978 feet to the west side of Forrest Street; thence along the west side of Forrest Street 1828 feet to the present city limit line at the intersection of Heard and Forrest Streets; thence running east and north along the present city limit line to the point of beginning. C. Starting at a point on the south side of the city limits of said city, as they existed prior to March 27, 1941, 210 feet east of the east side of State Highway No. 6, known as Piedmont Avenue; thence running due south 197 1/2 feet; thence west to the corporate limit line of the Town of Vanwert; thence northwest along the corporate limit line of the Town of Vanwert a distance of 125 feet, more or less, to the southwest corner of Henry Nichols' property; thence due north 100 feet to the present corporate limit line of the City of Rockmart. The aforesaid boundaries to encircle and include the property of Holloway Garner, Jewel Smalley and Henry Nichols.
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D. Beginning at a point on the west side of Forrest Avenue, 170 feet north from the northwest intersection of Hunter and Forrest Streets; thence running due west to the east right of way of Seaboard Railway Company; thence running in a northeasterly direction along the east side of the right of way of Seaboard Railway Company to the north line of Land Lot No. 721; thence running east and along the original land lot line to intersection with the city limit corner at the north end of Forrest Street as it existed prior to 1951; thence in a southerly direction along the west side of Forrest Street to point of beginning. E. Beginning at a concrete monument three hundred and twenty-seven and 2/10 feet west of the intersection of Mundy and Williamson Streets and located on the north line of Mundy Street; thence running north one degree thirty minutes west a distance of eleven hundred and sixty-four and 7/10 feet; thence north eighty-nine degrees fifteen minutes east seven hundred and ten feet; thence south along the land lot line to the intersection of the land lot line with a fence; thence in a southerly direction along said fence line to the land lot corner a distance of eleven hundred and sixty-three feet; thence south eighty-nine degrees four minutes west six hundred and ninety-nine and 2/10 feet to point of beginning; being known as Blair Acres, a residential subdivision from the property of Q. M. Clemons, located in land lot 780, 21st district and third section of Polk County, Georgia, plat of same by J. P. Baskin Associates, dated January, 1955, on file in the office of the Clerk of the Superior Court of Polk County, Georgia, in Cedartown, Georgia. F. Also lots 6, 7, 8, 9, 10, 11, 12, and 13 in Bertie Brown subdivision together with the extension of Jackson Street eastward from Piedmont Avenue as follows: Beginning at the northeast intersection of Piedmont Avenue and a fifteen foot alley, which lies one hundred and fifty-two feet north of Jackson Street, and run thence easterly along the north line of said alley to the intersection of said north line with the city limit line, of the City of Rockmart, Georgia, as it existed prior to January, 1958, which lies five hundred feet east of the west land lot line of land lot 862; thence run east along the north line of said alley to the northwest intersection
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of said alley with Kelley Street; thence run south one degree thirty minutes east across said public alley to the northeast corner of Lot No. 8 of the revision of the Bertie Brown property made by J. P. Baskin Associates of Rome, Georgia, and dated August, 1954, and recorded in the office of the Clerk of the Superior Court of Polk County, Georgia, in Plat Book C, page 37, said property known as Q. M. Clemons property; run thence south one degree thirty minutes east along the east line of said Lot No. 8 to the south-east corner of said Lot No. 8; thence run south one degree thirty minutes east across Jackson Street to the northeast corner of Lot No. 9 in said resurvey of Bertie Brown property; thence run south one degree thirty minutes east a distance of two hundred and twenty feet to a point which is on the north line of Block No. 82; thence run west along the north line of Block No. 82 a distance of eleven feet six inches to a point; thence run south one degree thirty minutes east a distance of twenty feet to a point; thence run south eighty-eight degrees thirty minutes west a distance of two hundred and ninety-five feet to a point on the east line of Newcomb Street; thence run south eighty-eight degrees thirty minutes west to the intersection of the line of the city limits of Rockmart as it existed prior to January, 1958; thence run north along the said city limits line of Rockmart to the north line of the fifteen foot alley which lies one hundred and fifty-two feet north of Jackson Street. G. Begin at the southwest intersection of the S. Rome Street right of way with the Euharlee Street right of way adjacent to the western corporate limits line, as it existed prior to March, 1961, of the City of Rockmart, Polk County, Georgia, and run thence south one degree fifteen minutes east a distance of 180 feet to a concrete monument; thence run north eighty-six degrees eleven minutes west a distance of 100 feet to a concrete monument; thence run south one degree fifteen minutes east a distance of 180 feet to a concrete monument; thence run north eighty-six degrees eleven minutes west a distance of 200 feet to a concrete monument; thence run north one degree fifteen minutes west a distance of 180 feet to center of a public alley; thence run north eighty-six degrees eleven minutes west a distance of 50 feet to a concrete monument; thence run north one degree
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fifteen minutes west a distance of 180 feet to a concrete monument; thence run south eighty-six degrees eleven minutes east a distance of 350 feet to a concrete monument at the beginning point. H. Certain tracts of parcels of land in the 21st District and 3rd Section of Polk County, Georgia, constituting Land Lots No. 708, 707, 706, 705 and 775. All of that part of Land Lot No. 701 situated west and southwest of the center line of Euharlee Creek; all of that part of Land Lot No. 702 situated west, southwest and south of the center line of Euharlee Creek. All of that part of Land Lot No. 703 situated west and southwest of the center line of Euharlee Creek. All of that part of Land Lot No. 704 situated west of the center line of Euharlee Creek. That part of Land Lot No. 700 described as follows: Beginning at the southwest corner of Land Lot No. 700; thence running north along the west line of said lot a distance of 222.72 feet; thence north sixty-eight degrees forty-four minutes east a distance of 373.75 feet to the east side of Prospect Road; thence running north twenty-one degrees fifty-seven minutes west a distance of 543 1/2 feet, more or less, to an iron pin; thence north eighty-one degrees eleven minutes east a distance of 166.47 feet; thence north thirteen degrees fourteen minutes west 240 feet to an iron pin; thence north eighty-nine degrees thirty-seven minutes east a distance of 366 feet to an iron pin; thence north sixteen degrees forty-three minutes west a distance of 241.17 feet to an iron pin situated on the north line of Land Lot No. 700; thence running north eighty-nine degrees thirty-seven minutes east to the northeast corner of said land lot; thence running south along the east line of said land lot to the southeast corner thereof; thence running west along the south line of said land lot to point of beginning.
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That part of Land Lot No. 776 lying west of Southern Railway right of way. Also a portion of Land Lot No. 779 and 780, as follows: Beginning at a concrete monument situated at northwest corner of Land Lot 780; thence running south eighty-nine degrees seventeen minutes east along the original north line of Land Lot 780 a distance of 550 feet to a concrete monument; thence running south 0 degrees forty-nine minutes west a distance of 127.25 feet to a concrete monument; thence running north eighty-nine degrees thirty minutes east a distance of 705.1 feet to a concrete monument; thence running south 00 degrees twelve minutes east a distance of 143 feet to a concrete monument; thence running north eighty-eight degrees twenty-four minutes east a distance of 716.3 feet to intersection with the west right of way of Southern Railway property; thence running in a northeasterly direction along the west right of way of said railway to intersection with the north line of Land Lot 779; thence running west along the original north line of Land Lots No. 779 and 780 to point of beginning. I. Beginning at the northeast corner of Land Lot No. 849 in the 21st district and 3rd Section of Polk County, Georgia, thence from said point running south 0 degrees forty minutes east a distance of 931.03 feet to intersection with the north right of way of Morgan Valley Road; thence running south eighty-nine degrees fifty-six minutes west a distance of 242.7 feet; thence running south sixty-six degrees nine minutes west a distance of 217.1 feet; thence running south fifty-five degrees twenty minutes west a distance of 209.37 feet to the intersection with the north right of way of Seaboard Railroad property; thence running north forty-four degrees twenty-eight minutes west along said right of way a distance of 189.39 feet; thence running north two degrees two minutes east a distance of 996.44 feet to intersection with the north line of Land Lot No. 848; thence from said point running north eighty-nine degrees twenty-five minutes east along the original land lot line a distance of 700.1 feet to beginning point. Section 1.03. Corporate Powers . The corporate powers of the city, to be exercised by the city council, may include the following:
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(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 fees and 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 according to their tonnage capacities, weight or horsepower. (d) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purposes, or for matters of National or State interest, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. (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, a natural gas system or an electrical system, subject to the provisions of applicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and
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conditions of service to be provided and 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, in so far as not in conflict with such regulations by the Public Service Commission. (i) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts. (j) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (k) To provide for the collection and disposal of garbage, rubbish and refuse. Charges or fees may be imposed to cover the costs of such services which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. (l) 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. (m) To define a nuisance in the city and to provide for its abatement. The recorder of the city shall have jurisdiction
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of all nuisance abatement proceedings in the city. The city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so. (n) 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, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards. (o) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers. (p) 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 violations of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder. (q) 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. (r) To levy and provide for the collection of special assessments to cover the costs for any public improvements. (s) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may
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be punished within limitations prescribed by the mayor and council in such ordinance, rule, regulation or order but not exceeding the limitations prescribed by this charter. (t) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. 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. (u) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries. (v) To regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council to alter, open or close public streets and public alleys and ways without notification. Section 1.04. Ordinances . All ordinances, bylaws, rules and regulations, now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council of said city. ARTICLE II CITY GOVERNMENT Section 2.01. Establishment of City Government . The corporate governmental powers of the City of Rockmart
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shall be vested in a mayor and five councilmen to be known as the Mayor and Council of the City of Rockmart. The mayor and council shall be elected by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Rockmart. Section 2.02. Qualifications for Mayor and Councilmen . To be eligible for the office of mayor or councilman, a person must meet the requirements of a qualified elector for members of the General Assembly as prescribed by State law and must have been a bona fide resident of the City of Rockmart for at least one year next preceding the election in which he offers as a candidate. Section 2.03. Election of Mayor and Councilmen . On the first Saturday in October, 1969, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same day and month in 1968, three (3) councilmen shall be elected to serve two (2) years, in the order of expiration of terms of those now serving as such and on said dates biennially thereafter, there shall be an election for three (3) councilmen. On the first Saturday in October, 1969, and on said date biennially thereafter, there shall be an election of two (2) councilmen. The election of mayor and councilmen shall be conducted in the manner hereinafter prescribed for regular elections. The present mayor and councilmen shall continue to serve for the remainder of the term to which they are presently elected. Fred Braswell shall continue to serve as mayor for the remainder of the term to which he is presently elected. William W. Aldred, councilman from Ward One, shall continue to serve in such office for the remainder of the term to which he is presently elected. Joel Goldin, councilman from Ward Two, shall continue to serve in such office for the remainder of the term to which he is presently elected. Malcolm Link, councilman from Ward Three, shall continue to serve in such office for the remainder of the term to which he is presently elected. Jessee McDonald, councilman from Ward Four, shall continue to serve in such office for the remainder of the term to
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which he is presently elected. Jack Quick, councilman from Ward Five, shall continue to serve in such office for the remainder of the term to which he is presently elected. Section 2.04. City Council . The mayor and five 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 hold regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or the mayor pro-tem and 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. Such notice of a special meeting shall be considered waived if the mayor and all councilmen are present when the special meeting is convened. 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 in public meetings. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The council, may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.05. Mayor as Presiding Officer . The mayor shall preside at meetings of the council, shall have a vote only in case of a tie vote by councilmen; shall have veto power, and the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the council may pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmen, to be taken by ayes and nayes, and entered upon the minutes; shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may make short term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds and contracts when authorized
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by the council to do so; shall be the officer to accept process against the city; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.06. Mayor Pro-tem . The council at the first regular meeting, after the newly elected councilmen have taken office following each regular election, shall elect from its membership a mayor pro-tem for a term of one year. Upon the council's failure to elect a mayor pro-tem at its first regular meeting in January of each year, the incumbent councilman who received the highest number of votes, when last elected, shall be declared mayor pro-tem. The mayor pro-tem shall perform the duties of the mayor during his absence. Section 2.07. Vacancy in office of Mayor or Councilman . A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority; or any councilman who moves his residence from the ward from which he was last elected; or if he is convicted of malfeasance or misfeasance in office, or of a felony, or any violation of election laws. The council shall appoint a qualified person to fill any such vacancy in the office of councilman for the remainder of the unexpired term. At no time shall there be more than one council member so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of forty-five days after the office becomes vacant pursuant to a call of a special election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the unexpired terms in a special election. Provided, however, if a regular election shall be held within three (3) months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy may be filled for the unexpired terms at such regular election.
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In the event a vacancy should occur in the office of mayor, a special election shall be called and held in the manner hereinafter provided. Section 2.08. Compensation and expenses . The council may determine the salary of the mayor and councilmen by ordinances, provided that salary changes enacted shall not become effective until the expiration of a period of six months after such change. Each councilman and the mayor, when authorized by the council and upon presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.09. City Clerk . The mayor and council shall appoint a city clerk who shall be ex officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. The mayor and council shall require the clerk-treasurer, before entering upon discharge of his duties, to give good and sufficient bond in amount to be decided by the mayor and council, said bond payable to the City of Rockmart, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia, City of Rockmart, and the premium thereon shall be paid by the city. Section 2.10. City Legislation . 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
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three 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 number and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. ARTICLE III ORGANIZATION AND PERSONNEL Section 3.01. Organization . The city government shall continue as presently organized, unless and until otherwise provided by ordinance. 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 a number of offices and positions of employment, and may transfer or change the functions and duties of office, positions of employment, department and agencies of the city. Section 3.02. Administrative duties of mayor . 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 action 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 powers and duties as may be provided by ordinance not inconsistent with this charter. Section 3.03. City Attorney . 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; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise
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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 of all contracts, deeds, ordinances, resolutions and motions, prescribed by the council or mayor. Section 3.04. City Superintendent . The mayor and council shall appoint a City Superintendent who shall devote all of his working time and attention to the affairs of the city and who shall be responsible to the mayor and council for the efficient administrations of all the affairs of the city over which he has jurisdiction. In addition, the mayor and council may by ordinance delegate the following duties, or any combination thereof to the City Superintendent: to see that all laws and ordinances of the city are enforced; to remove department heads, officers and employees of the City of Rockmart without the consent of the mayor and council; provided he shall not have the right to employ nor remove the city auditor nor city attorney; to fix all salaries and compensation of the department heads of the various city departments within the minimum and maximum limits prescribed by the council, and to fix all salaries and compensation of all other city employees lawfully employed by him; to exercise supervision and control of all departments of the city that are now or may hereafter be created by the mayor and council with the right to take part in the discussion but having no vote; to recommend to the mayor and council the adoption of such measures, ordinances and resolutions as he may deem necessary or expedient for the proper operation and administration of the city government; to make and execute all lawful contracts authorized by the mayor and council, except as otherwise provided for herein, on behalf of the city to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and council, nor shall any realty of any kind and character be purchased except when so authorized by the mayor and council, nor shall any other property now or hereafter owned by said city, either real or personal be sold, leased or otherwise disposed of except by authority of the mayor and council; to keep the mayor and council at all times fully advised as to the financial condition and needs of the city; to make a full report to the mayor and council
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at the first meeting thereof in each month, showing the operations and expenditures of each department of the city government for the preceding months; and to perform such other duties as may be required by ordinance or resolution of the mayor and council. The City Superintendent shall be the purchasing agent for the city and shall make all purchases of supplies for departments under his control; shall approve all vouchers for the same, provided, that the mayor and council may by resolution, require competitive bids on purchases under such rules and regulations as the mayor and council may from time to time prescribe. The mayor and council shall require the City Superintendent, before entering upon discharge of his duties, to give good and sufficient bond in amount to be decided by the mayor and council, said bond payable to the City of Rockmart, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia, City of Rockmart, and the premium thereon shall be paid by the city. Section 3.05. Oath of Office . 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 Rockmart, and that I will faithfully discharge the duties of the office of. So help me God. Section 3.06. Political activity prohibited . No officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any city or other public office.
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Section 3.07. Personal financial interest . Any city officer or employee who has a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who wilfully conceals such financial interest or wilfully violates the requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the mayor and council. Section 3.08. City planning and renewal . The council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereinafter be amended. ARTICLE IV FISCAL ADMINISTRATION Section 4.01. Fiscal Year . The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of each year, but a different fiscal year may be fixed by ordinance for the entire city government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the city government, unless otherwise provided by law. Section 4.02. City Superintendent to submit annual budget . On or before a date fixed by the council, but not later than forty-five days prior to the beginning of each fiscal year, the city superintendent shall submit to the council a proposed operating budget for the next fiscal year, showing
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separately for the general funds, each utility, and each other fund the following: (a) the 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 fiscal year and estimated assets, liabilities, reserves and surplus at the end of the preceding fiscal 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 and council. Section 4.03. Action by council on budget . Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance, based on the city superintendent'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, office, and agency unless otherwise directed by the council. 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, safety or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriation for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Section 4.04. Additional Appropriations . The council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriation may be made only for an existing unappropriated surplus in the fund to which it applies. Section 4.05. Lapse of Appropriations . All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.
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Section 4.06. Capital Improvements Budget . (a) On or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the city superintendent shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, when passed by four-fifths vote of the membership of the council. Such capital improvements budget may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided the city superintendent may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by four-fifths vote of the council. Section 4.07. Sale of city property . 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 the mayor and council shall deem equitable and just to the city. Section 4.08. Annual audit . The mayor and council shall employ a public accountant or 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 mayor
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and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4.09. Publication of financial statement . As soon as practicable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper, a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the city, as of the close of the preceding fiscal year. Section 4.10. Property taxes . All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to a property tax levied by the city. All property subject to taxation in the city shall be returned for taxes each year on or before April 1. Taxes shall be due on October 1 of each year and shall become past due and delinquent if not paid on or before December 31, of each year. The council by ordinance may elect to use the county assessment for the year in which city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of 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 now or as may hereinafter be provided by general law. Section 4.11. Tax levy . The council shall make a tax levy, expressed as a fixed millage rate per $100.00, but not in excess of an aggregate of 20 mills, of assessed valuation,
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exclusive of levy for payments of principal and interest on bonded indebtedness. Section 4.12. Tax due date and tax bills . The due date of property taxes shall be October 1 of each year. The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 31 of each year, at which time a penalty of ten percent (10%) in addition to a fi fa charge shall be added and thereafter such taxes shall be subject to interest at the rate of seven (7%) percent 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 4.13. Collection of delinquent taxes . The council may provide by ordinance for the collection of delinquent taxes by fi fa issued by the city clerk and executed by the chief of police under the same procedure provided by the laws governing execution of such process from the superior court, or 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 day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for Federal, State or county taxes. Section 4.14. Transfer of executions . The City Clerk of the City of Rockmart shall be authorized to transfer and assign any fi fa or execution issued for street, sewer or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers of tax fi fas as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the
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same premium, interest and costs, as in cases of redemption of property where sold under tax fi fa, as the same now exists, or as may from time to time be provided by law. Section 4.15. Special Assessments . The city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, 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 ten percent (10%) and shall thereafter be subject to interest at the rate of seven percent (7%) per annum from due date until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes. ARTICLE V ELECTIONS AND REGISTRATION OF VOTERS Section 5.01. Regular Elections, Time for Holding and Taking Office . The regular election for mayor and councilmen, or councilmen, shall be held on the first Saturday in October of each year. Officials elected at any regular election shall take office at the first regular meeting of the mayor and council in January next following such election. Section 5.02. Wards, Ward residency requirements, elections at large . On and after the passage of this Act, all councilmen shall be elected one from each of the five wards hereinafter defined and provided further that on and after the passage of this Act, the mayor and councilmen herein provided for shall be elected by the voters of the entire city. The City of Rockmart shall be divided into five wards, to be numbered from one to five, having such metes, boundaries and limits as follows, to wit:
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Ward Number One: Beginning at a point in the center of the intersection of Marble and Elm Streets; thence running southwest along the center line of Marble Street to city limits; thence along city line to southwest corner of city limits; thence running north to the northwest corner of city limits; thence running east and southeast along the city limit boundary to center line of Marble Street; thence running southwest to point of beginning. Ward Number Two: Beginning at a point in the center of the intersection of Marble and Elm Streets, and running thence along the center line of Marble Street in a southwesterly direction to city limits; thence east along the south line of city limits to the north and south line of city limits on the east; thence north along the east line of the city limits to the center of Elm Street; thence along the center line of Elm Street in a westerly direction to point of beginning. Ward Number Three: Beginning at a point in the center of the intersection of Marble and Elm Streets; thence north along the center line of Marble Street to north line of city limits; thence east along the north line of city limits to center line of Jones Avenue; thence south along the center line of Jones Avenue to the center line of Elm Street; thence west along the center line of Elm Street to point of beginning. Ward Number Four: Beginning at a point in the center of the intersection of Elm Street and Jones Avenue; thence running east along the center line of Elm Street to city limits; thence running north along the center line of Newcomb Street to the intersection of Newcomb Street and south in railway right of way; thence running east with city limit line 200 feet east of Newcomb Street; thence running north across Southern Railway right of way east city limit line; thence running east along city limit line and along Southern Railway right of way line to the southeast corner of city limits; thence running north along the city limit line to the intersection of Goodyear Avenue and Third Avenue; thence running north along center line Third Avenue to the center line of Litchfield Street; thence running
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west along the center line of Litchfield to the center line of Newcomb Street; thence running south along the center line of Newcomb Street to the center line of Goodyear Avenue; thence running west along the center line of Goodyear Avenue to center of intersection of Goodyear Avenue and Jones Avenue; thence running south along the center line of Jones Avenue to a point of beginning. Ward Number Five: Beginning at a point in the center of the intersection of Jones Avenue and Goodyear Avenue; thence running east along the center line of Goodyear Avenue to the center line of Newcomb Street; thence running north along the center line of Newcomb Street to the center line of Litchfield Street; thence running east along the center line of Litchfield Street to the center line of Third Avenue; thence running south along the center line of Third Avenue to the intersection of city limit line on the south side of Goodyear Avenue; thence running northeasterly direction along the south side of Goodyear Avenue to the intersection of Goodyear Avenue and the old Cartersville Road; thence running along city limit line across Goodyear Avenue; thence running southwesterly direction along north side Goodyear property to the north city limit line; thence running northwesterly direction along city limit line to the center line of Jones Avenue; thence running south along the center line of Jones Avenue to a point of beginning. Section 5.03. Qualification of Candidates . Any person desiring to become a candidate in any regular or special election, shall file written notice of his candidacy with the city clerk not less than fifteen (15) days prior to the date fixed for the holding of any such election. Section 5.04. Qualification of Electors . Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Rockmart for six months next preceding the election in which he desires to vote, shall be qualified to register as an elector in any city election held under this charter. Section 5.05. Election Managers . The mayor and council shall appoint, at least ten days prior to every election three
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qualified electors of the City of Rockmart who shall be election managers. The election managers shall be responsible for the proper conduct of the election, for preventing any fraud in connection therewith, for the proper counting of the ballots, and for certifying the results as prescribed herein. Prior to the opening of the polls the election managers shall take the following oath in the presence of any judge, justice of the peace, or in the presence of each other: I (name) do solemnly affirm that I will fulfill the responsibility placed upon me as an election manager to the best of my ability, that I will uphold the law in connection therewith, and faithfully certify the results as prescribed by law. So help me God. Section 5.06. Conduct of ElectionsNotice . The mayor and council shall give notice of every regular or special city election at least thirty (30) days prior to said election by advertisement in a newspaper of general circulation in the city. The notice shall contain the time and place of holding the election, the offices to be filled and any other questions to be voted on, excepted from this requirement shall be all run-off elections as provided in Section 5.14. Section 5.07. Time of ElectionsBallots . The polls shall be open from 7 o'clock a.m. to 7 o'clock p.m. All voting shall be by ballot. Section 5.08. Place of Elections . The place for holding elections shall be prescribed by the mayor and council and shall be published in the election notice. Section 5.09. Voter Registration . In all elections held in the City of Rockmart, whether primary elections, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as herein provided for. It shall be the duty of the clerk of the City of Rockmart to open at his office in said city, within ten days from the date of approval of this charter, a book for the registration of voters for said City of Rockmart, and keep the same open at his office at all times when his office is open for the payment of taxes or transaction of city
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business, except as hereinafter provided. Each person entitled to vote in said city shall subscribe in said book, unless such person shall be presently registered at the time of adoption of this charter, which shall be arranged in alphabetical order, his or her name, age, place of residence, and occupation. Said clerk must not permit any one to register who is not entitled to do so; and if he knowingly permits this to be done, he shall be discharged from office or otherwise punished as the mayor and council may decide. Such registration shall be permanent, and all names registered as herein prescribed shall remain upon said list and be qualified to vote in any election so long as said voters shall not become disqualified or his or her name be stricken from the registration list as hereinafter provided. The said registration book shall be closed fifteen (15) days immediately preceding each election held in said city, whether the same be a primary election, special or general election; after which time no one shall be allowed or permitted to register for such election; and not until after such election, when said book shall be reopened for registration of voters. At all other times said book shall be kept open as herein provided. No person shall be allowed to vote at any election held in said city unless he or she has registered prior to the closing of said books and his or her name appears upon the registration list. Section 5.10. Voter's ListPurging . It shall be the duty of the clerk of said city to check the registration list from time to time as may be required by the mayor and council of said City of Rockmart; and upon finding the name of any voter who has become disqualified by removal from the city, or other legal cause, he shall revise said registration lists and determine whether the name of such voter should be stricken from the list, provided, the clerk shall give five days written notice to said voter of a time and place when said matter will be presented to the mayor and council, said notice to be served either personally by any officer of said city authorized to serve city processes, or by mailing same to the last known address of the voter. At the time fixed in the notice the voter shall have the right to be heard by the mayor and council before any final action is taken, if he or she so desires.
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Section 5.11. Voter's List. Board of Registrars . The mayor and council of the City of Rockmart may prescribe such further rules and regulations with reference to registering, or the revision of the registration lists, as they may see fit and proper, and may create a board of registrars if deemed best, and may delegate to, and place upon, said board of registrars any or all of the duties herein imposed upon the clerk or the mayor and council, and they may place any or all of said duties upon any official or officials of said city they may designate, and provide additional compensation to be paid therefor if they see fit. Section 5.12. Challenge . Any candidate, election manager, or qualified elector may challenge any voter and upon such challenge an election manager shall cause the challenged voter to take the following oath: I (name) do solemnly swear that I meet the requirements of an elector for members of the General Assembly of Georgia, that I have been a bona fide resident in the City of Rockmart for at least six months preceding this election, and that I have not previously voted in this election. So help me God. This oath shall be subscribed on the voter's list opposite the name of the challenged elector. Section 5.13. Supplies . The mayor and council shall direct that all necessary supplies including ballots, needed for holding the election are placed in the hands of election managers. Section 5.14. Counting the Ballots, Certifying Results . The election managers shall immediately proceed to count the ballots when the polls are closed. When all votes have been recorded, the ballots will be sealed in a container and delivered to the city clerk who shall retain them, unopened, for sixty days. In the event a recount is demanded, the election managers in the presence of the council shall reopen the ballots and conduct such recount or take other action as deemed necessary to assure that no mistake or fraud has occurred. The tally sheets containing the results of the election, along with the voter's list, shall be signed and certified
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by the managers and sealed in a container and delivered immediately to the mayor. The mayor shall call a meeting of the council at the earliest convenient time and in the presence of the council, the mayor shall open the container and announce the results of such election. The person receiving a majority of votes cast for the office of mayor, and the person from each ward receiving a majority of votes cast for the office of councilman shall be declared elected. However, in the event that no candidate for the office of mayor or for the office of councilman shall receive a majority of the votes cast, the mayor and council shall provide for and hold a run-off election between the two candidates for mayor receiving the highest number of votes cast and the two candidates for councilman from each ward receiving the highest number of votes cast. Such run-off shall be held on the fourteenth day after the day of holding the first election. Only the electors entitled to vote in the first election shall be entitled to vote in any run-off election resulting therefrom. The candidate receiving the majority of the votes cast in such run-off election to fill the public office he seeks shall be declared the winner. Cases of contested elections shall be heard and decided by the mayor and council. Any candidate who contests any election herein provided for shall file in writing notice thereof with the city clerk within five (5) days after the results of such election have been certified by the election managers. Appeals from decisions of the mayor and council in cases of contested elections shall be to the Superior Court of Polk County as cases upon appeal from the court of ordinary. If there is no contest of an election, at the end of sixty days the ballots shall be destroyed by the clerk. Section 5.15. Rules . The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter as are deemed necessary for the conduct of elections. Section 5.16. Special Elections, Vacancies, Bond Issues . In the event of a vacancy in the office of mayor or in the event it is necessary to elect a councilman, the council, or those remaining, shall call a special election to be held within
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forty-five days from the time such vacancy occurs. Such special election shall be held in accordance with the procedure established by this charter for regular elections. Special elections may be called at any time by the mayor and council for the purpose of voting on bond issues or other questions required or permitted by law to be presented to the electorate. The procedure established for regular elections shall govern: Provided, however, that in the case of bond issues the election notice shall conform to the requirements of State law. ARTICLE VI RECORDER'S COURT Section 6.01. Creation . There is hereby established a court to be known as the Recorder's Court, City of Rockmart which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Rockmart constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the Recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council.
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Section 6.02. Recorder . (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of thirty years, shall be a qualified voter in Rockmart, and Polk County, and shall have resided therein at least five years immediately preceding his election. The recorder shall be appointed by the mayor and council, and shall serve at the discretion of the mayor and council. The compensation of the recorder shall be fixed by the mayor and council. (b) Before entering on the duties of his office, the recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully 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 mayor and council. Section 6.03. Jurisdiction . The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Rockmart passed in accordance with this charter, to an amount not to exceed one hundred dollars ($100.00), to imprison offenders for a period of not more than thirty days, or at labor on the roads and streets or other public works of said city for not more than six months; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of twenty-five dollars or imprisonment not exceeding ten days or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Rockmart, which warrants may be executed by any police officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested
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with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Rockmart. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders and police courts, and particularly such laws as authorize the abatement of nuisances. Section 6.04. Right of Appeal . The right of appeal to the Superior Court of Polk County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the Court of Ordinary. An appeal to the superior court shall be a de novo proceeding. Section 6.05. Court Costs . In all cases in the recorder's court of the City of Rockmart, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the recorder's court may establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation, and caretaking of prisoners bound over to the superior court for violation of State law. The recorder's court may also 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 recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. Section 6.06. Rules for Court . With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia.
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ARTICLE VII SEVERABILITY Section 7.01. Severability . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE VIII SPECIFIC REPEALERS Section 8.01. Specific Repealers . An Act amending, consolidating and superseding the several Acts incorporating the Town of Rockmart in the County of Polk and providing a new charter for the Town of Rockmart, approved August 15, 1904 (Ga. L. 1904, p. 593), as amended by an Act approved August 14, 1909 (Ga. L. 1909, p. 1253), an Act approved August 8, 1917 (Ga. L. 1917, p. 813), an Act approved July 10, 1924 (Ga. L. 1924, p. 675), an Act approved July 20, 1925 (Ga. L. 1925, p. 1392), an Act approved August 9, 1929 (Ga. L. 1929, p. 1250), an Act approved August 14, 1931 (Ga. L. 1931, p. 922), an Act approved August 26, 1931 (Ga. L. 1931, p. 925), an Act approved February 10, 1939 (Ga. L. 1939, p. 1267), an Act approved February 10, 1939 (Ga. L. 1939, p. 1268), an Act approved February 10, 1939 (Ga. L. 1939, p. 1270), an Act approved February 10, 1939 (Ga. L. 1939, p. 1271), an Act approved March 27, 1941 (Ga. L. 1941, p. 1686), an Act approved March 27, 1941 (Ga. L. 1941, p. 1688), an Act approved March 15, 1943 (Ga. L. 1943, p. 1552), an Act approved February 21, 1951 (Ga. L. 1951, p. 3153), an Act approved March 21, 1958 (Ga. L. 1958, p. 2893), an Act approved March 17, 1960 (Ga. L. 1960, p. 2839), an Act approved March 4, 1961 (Ga.
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L. 1961, p. 2399), an Act approved March 2, 1966 (Ga. L. 1966, p. 2827), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2793), is hereby repealed in its entirety. ARTICLE IX REPEALER Section 9.01. 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 regular 1968 Session of the General Assembly of Georgia, a bill to create a new charter for the City of Rockmart, Georgia, and for other purposes, being an act to amend and replace an act of the General Assembly of Georgia, approved August 15, 1904, (Ga. L. 1904, p. 593), and the acts amendatory thereof, entitled New Charter for City of Rockmart. This 26th day of December, 1967. Nathan Dean Representative, 20th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan D. Dean who, on oath, deposes and says that he is Representative from the 20th District, 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 Polk County, on the following dates: December 28, 1967 and January 4 and 11, 1968. Nathan D. Dean Representative, 20th District
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Sworn to and subscribed before me, this 27th day of February, 1968. s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 8, 1968. COMPENSATION TO WILLIAM HARVEY ARNOLD. No. 145 (House Resolution No. 50-134). A Resolution. Compensating William Harvey Arnold; and for other purposes. Whereas, on or about January 28, 1964, William Harvey Arnold, while acting as an employee of the State Highway Department and in the discharge of his duties as an employee thereof, was severely injured when the piece of equipment which Mr. Arnold was operating overturned; and Whereas, as an employee of the State Highway Department, he has received payment for certain of his medical expenses incurred as a direct result of this injury under Workmen's Compensation benefits and State Employees' Health Insurance benefits; and Whereas, after applying the proceeds of all medical benefits payable to him under such coverages, an unpaid balance of medical bills remains outstanding in the amount of $696.00. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. William Harvey Arnold the sum of $696.00 as reimbursement to him for
Page 3262
medical bills incurred as a result of the hereinabove described incident. Said sum shall be in full and complete satisfaction of any claims against the State of Georgia arising out of said occurrence. Said sum shall be paid from the funds appropriated to and available to the State Highway Department. Approved April 8, 1968. COMPENSATION TO MRS. VONCEILLE T. WHITE. No. 146 (House Resolution No. 108-252). A Resolution. Compensating Mrs. Vonceille T. White; and for other purposes. Whereas, on or about April 17, 1964, Mrs. Vonceille T. White, while an employee of the State Department of Family and Children Services, was attacked by five inmates of the Georgia Training School for Girls in an attempt by said inmates to escape therefrom, and Whereas, Mrs. White attempted to forcibly prevent the escape of said inmates and in the ensuing fracas she received painful, permanent and disabling injuries to her person, and Whereas, said injuries have caused Mrs. White to incur large and expensive medical, hospital, surgical and drug bills, and Whereas, said injuries are permanent and disabling in nature and have caused her to lose her gainful employment, and Whereas, said injuries have caused Mrs. White excruciating pain and suffering, and
Page 3263
Whereas, it is only befitting and proper that Mrs. White be compensated for her damages arising out of said occurrences. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Family and Children Services is hereby authorized and directed to pay Mrs. Vonceille T. White the sum of two thousand, five hundred ($2,500) dollars as compensation for her damages arising out of the hereinbefore described occurrence. Said sum shall be in full and complete satisfaction of any claims against the State of Georgia arising out of said occurrence. Said sum shall be paid from the funds appropriated to and available to said department. Approved April 8, 1968. COMPENSATION TO LEE WISHAM. No. 147 (House Resolution No. 183-555). A Resolution. Compensating Mr. Lee Wisham, doing business as Wisham's Garage; and for other purposes. Whereas, on or about August 2, 1962, Mr. Ernest James Sheffield, the driver and prospective purchaser of a 1958 Chevrolet automobile, owned by Mr. Lee Wisham, doing business as Wisham's Garage, was driving said automobile north on U. S. Highway 19 and turned off U. S. Highway 19 on to U. S. Highway 280 and stopped upon reaching a Yield Right of Way sign; and Whereas, a truck belonging to the State Highway Department and being operated by an employee of said Department was also travelling north on U. S. Highway 19 and approaching said sign; and Whereas, the driver of said truck was driving behind said 1958 Chevrolet, and was travelling at an excessive
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rate of speed, and because of said excessive rate of speed was unable to stop and did not have said truck under control and crashed into the rear of said 1958 Chevrolet causing damage in the amount of $484.55; and Whereas, Mr. Lee Wisham, doing business as Wisham's Garage, has been compensated by insurance in the amount $384.55; and Whereas, Mr. Lee Wisham, doing business as Wisham's Garage, has not and cannot be compensated for the remaining $100.00 not paid by insurance; and Whereas, said accident occurred through no fault or negligence on the part of said driver, Mr. Ernest James Sheffield, and it is only just and proper that Mr. Lee Wisham, doing business as Wisham's Garage, be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. Lee Wisham, doing business as Wisham's Garage, the sum of $100.00 as compensation for his damages as set forth 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 funds appropriated or available to the State Highway Department. Approved April 8, 1968.
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COMPENSATION TO J. B. COVINGTON. No. 148 (House Resolution No. 194-604). A Resolution. To be entitled A resolution to compensate Mr. J. B. Covington; and for other purposes. Whereas, on January 12, 1966 at approximately 3:55 p.m., Mr. J. B. Covington was driving his 1963 Dodge sedan automobile in a northerly direction along U. S. Highway #1 in Emanuel County, Georgia; and Whereas, on said date, Roy Hadden, an employee of the Georgia State Highway Department, was driving a 1961 Ford Truck in a westerly direction along Georgia Highway #46 which intersects with U. S. Highway #1 at a point about 2 miles north of the city limits of Oak Park, Georgia in Emanuel County, Georgia; and Whereas, the traffic on U. S. Highway #1 in the direction in which Mr. J. B. Covington has the right of way and there is a stop sign for traffic traveling west on Georgia Highway #46, the direction in which Mr. Hadden was driving the 1961 Ford truck owned by the Georgia State Highway Department; and Whereas, the brakes on the Georgia State Highway Department vehicle failed at said intersection due to causes unknown and said State Highway vehicle driven by said State employee in and about the course of his duties with the State Highway Department, traveled into the intersection and struck the vehicle driven by Mr. J. B. Covington, causing damage thereto; and Whereas, J. B. Covington's 1963 Dodge automobile was totally destroyed and he received personal injuries, as a result of which he incurred medical bills and has suffered pain and suffering; and Whereas, Mr. Covington had collision insurance on his vehicle and after disposing of the salvage, he received only $1509.00 for his vehicle; and
Page 3266
Whereas, the deductible applied under his policy and due to the fact the replacement cost of said vehicle ran additional, his property damage suffered by him was in the sum of $300.00; and Whereas, Mr. Covington has incurred medical expense as the result of the injury to his neck and back which was received, and lost time from his employment, the reasonable value of which is $1,200.00; and Whereas, the accident was caused through no fault or negligence of Mr. Covington and he lost time from his work for twelve weeks at the rate of $75.00 per week. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department of Georgia be authorized and directed to pay to Mr. J. B. Covington the sum of $808.35, as set forth in this resolution. The payment of said sum shall be 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 paid from the funds appropriated to or available to the State Highway Department of Georgia. Approved April 8, 1968. COMPENSATION TO JOSEPH E. HINELY, JR. No. 149 (House Resolution No. 380-855). A Resolution. Compensating Mr. Joseph E. Hinely, Jr.; and for other purposes. Whereas, on November 9, 1966, at about 3:20 p.m., Mr. Joseph E. Hinely, Jr. was driving his Volkswagen south on Georgia Highway 21 in the municipality of Garden City in Chatham County and the said Mr. Hinely had
Page 3267
stopped his car in the line of traffic 300 feet north of a traffic circle; and Whereas, at the same time and place a 1962 Chevrolet dump truck owned by the Highway Department and driven by Wallace Smith, an employee of such department, skidded into the rear of the Hinely vehicle causing damage to the Hinely vehicle in the amount of $772.69; and Whereas, such damage occurred through no fault or negligence whatsoever on the part of Joseph E. Hinely, Jr., 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 of the State of Georgia is hereby authorized and directed to pay to Joseph E. Hinely, Jr. the sum of $772.69 as compensation for the damages as set out above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO ALTON BROWN. No. 150 (House Resolution No. 384-880). A Resolution. Compensating Mr. Alton Brown; and for other purposes. Whereas, on June 26, 1966, at approximately 9:30 p.m., a cow belonging to the Milledgeville State Hospital Dairy Farm had gotten through a fence and was standing on U. S. Highway 441, south of Milledgeville near the county line; and
Page 3268
Whereas, at the same time and place, Mr. Alton Brown was driving a car on said highway and unavoidably struck the said cow; and Whereas, said collision caused damage to the Brown vehicle in the amount of $115.35, for which Mr. Brown has not been and cannot be compensated; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. Brown, and it is only just and proper that he be compensated for the damage to his automobile as a result of said accident. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Health is hereby authorized and directed to pay the sum of $115.35 to Alton Brown as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO CLYDE RAVAN. No. 151 (House Resolution No. 385-880). A Resolution. Compensating Clyde Ravan, doing business as Community Grocery; and for other purposes. Whereas, on or about August 23, 1966, an employee of the State Highway Department, while mowing the right-of-way of State Route 9 drove his mowing machine over a rock which was propelled into the plate glass window of the Community Grocery; and
Page 3269
Whereas, Clyde Ravan, doing business as Community Grocery, was required to expend the sum of $87.71 to replace said window. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Clyde Ravan, doing business as Community Grocery, the sum of $87.71 as compensation for his damages as set out above. Said sum shall be paid from the funds appropriated and available to the State Highway Department and shall be in full and complete satisfaction of any and all claims for damages against the State of Georgia arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO EUGENE G. MONCUS. No. 152 (House Resolution No. 402-912). A Resolution. Compensating Mr. Eugene G. Moncus; and for other purposes. Whereas, on Monday, October 16, 1967, at approximately 4:30 p.m., Mr. Eugene G. Moncus was driving a 1963 Valiant in a westerly direction on Church Street in Dawson, Georgia; and Whereas, Mr. Marvin T. Blackburn, an employee of the State Highway Department, was driving a State Highway Department vehicle in a southerly direction on Main Street; and Whereas, when Mr. Blackburn approached the intersection of Church Street and Main Street he attempted to stop for a red light; and
Page 3270
Whereas, the brakes failed on the vehicle he was driving and he collided with the right side of the vehicle being driven by Mr. Moncus causing damages in the amount of $537.69 to said vehicle; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Moncus, 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 $406.30 to Mr. Eugene G. Moncus as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO JAMES C. LORD. No. 153 (House Resolution No. 403-912). A Resolution. Compensating Mr. James C. Lord; and for other purposes. Whereas, on or about June 30, 1967, Willie Jerry Griner, an employee of the State Prison at Reidsville, Georgia, was driving his 1965 Chevrolet in an easterly direction on East Jackson Street in the city of Dublin, Georgia; and Whereas, Willie Jerry Griner was traveling in the northern lane of a two lane street and crossed into the southern lane without looking and collided with a 1965 Ford pickup truck owned by Mr. James C. Lord causing damages in the amount of $258.50; and
Page 3271
Whereas, Mr. Lord was compensated by his insurance carrier in the amount of $158.50, leaving a net total of damage to his truck of $100.00; and Whereas, Willie Jerry Griner was within the scope of his employment when this accident occurred; and Whereas, the accident occurred through no fault or negligence on the part of Mr. James C. Lord, 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 Board of Corrections is hereby authorized and directed to pay the sum of $100.00 to James C. Lord as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO MILES A. JONES, JR. No. 154 (House Resolution No. 404-912). A Resolution. Compensating Mr. Miles A. Jones, Jr.; and for other purposes. Whereas, on September 9, 1967, Mr. Miles A. Jones, Jr., was driving his 1965 Buick sedan automobile south on U. S. Highway 441, going from Dublin, Georgia to McRae, Georgia, at a point which is near the Little Ocmulgee State Park; and Whereas, at the same time and place, Mr. Tom Hughes, an employee of the Little Ocmulgee State Park, was traveling north; and
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Whereas, a wooden paint stencil located on the pickup truck driven by Mr. Hughes fell off the rear of said truck striking Mr. Jones' automobile; and Whereas, as a result of said accident, Mr. Jones' automobile was damaged in the amount of $188.29 and Mr. Jones' insurance company has paid the total amount of damage except for $50.00; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Jones, 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 Parks Department is hereby authorized and directed to pay the sum of $50.00 to Miles A. Jones, Jr. as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO E. C. WHITE. No. 155 (House Resolution No. 410-917). A Resolution. Compensating Mr. E. C. White; and for other purposes. Whereas, on February 23, 1965, Mr. E. C. White was driving his 1961 Chevrolet station wagon along State Highway 188 about four miles east of Cairo, Georgia; and Whereas, at such time and place, a stone 12 inches in diameter fell from a truck owned by the State Highway Department of Georgia and being driven by Mr. Charles R. Calhoun, an employee of said department; and
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Whereas, the automobile being driven by Mr. White struck said stone causing damage to said automobile in the amount of $122.16; and Whereas, Mr. White has not been and cannot be compensated for said damage by insurance; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. White, and its 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 of Georgia is hereby authorized and directed to pay the sum of $122.16 to Mr. E. C. White as compensation as provided 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 funds appropriated or available to said department. Approved April 8, 1968. COMPENSATION TO JACK LEE ARNOLD. No. 156 (House Resolution No. 423-932). A Resolution. Compensating Mr. Jack Lee Arnold; and for other purposes. Whereas, on December 7, 1966, at approximately 4:40 p.m. Mr. Jack Lee Arnold was driving his 1962 four-door Dodge sedan in a westerly direction on Irwin Street in the City of Atlanta, Fulton County, Georgia; and Whereas, Corporal Lester A. Stanfield, an employee of the Department of Public Safety, was driving a Department of Public Safety vehicle in a northerly direction on Boulevard; and
Page 3274
Whereas, approximately thirty (30) feet before Mr. Arnold entered the intersection of Irwin and Boulevard, the traffic light turned green; and Whereas, Corporal Stanfield failed to stop and ran a red light and collided with the automobile being operated by Mr. Arnold; and Whereas, the collision rendered the 1962 Dodge owned and operated by Mr. Arnold a total loss; and Whereas, the automobile property damage amounts to $1,112.92 according to an estimate by Downtown Dodge Inc.; and Whereas, as a result of the accident Mr. Arnold incurred medical expenses amounting to $116.50 and missed five (5) days from work and lost wages amounting to $120.00; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Jack Lee Arnold, 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 $966.50 to Mr. Jack Lee Arnold as compensation for damages 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 funds appropriate to or available to the said department. Approved April 8, 1968.
Page 3275
COMPENSATION TO ROBERT A. HOUSCH. No. 157 (House Resolution No. 424-941). A Resolution. Compensating Mr. Robert A. Housch; and for other purposes. Whereas, on August 5, 1967, at approximately 12:20 a.m. Mr. Robert A. Housch was driving a 1962 Mercury owned by him in a southerly direction on U. S. Highway 27 approximately three and one-tenth miles south of the city limits of LaFayette, Georgia; and Whereas, Trooper C. T. Shaw, an employee of the Department of Public Safety, was driving a Department of Public Safety vehicle north on U. S. Highway 27 in pursuit of a speeding vehicle; and Whereas, the driver of an unknown vehicle in front of Mr. Robert A. Housch made a left turn into Rogers Road directly in front of the patrol car; and Whereas, the driver of the patrol car swerved into the left lane of traffic to avoid hitting the unknown vehicle broadside and collided with the left side of the 1962 Mercury being driven by Mr. Housch causing damage in the amount of $572.27; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Housch, 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 $572.27 to Robert A. Housch as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968.
Page 3276
COMPENSATION TO MRS. DAPHNE WHITAKER. No. 158 (House Resolution No. 427-941). A Resolution. Compensating Mrs. Daphne Whitaker; and for other purposes. Whereas, on or about November 30, 1966, the 1963 Dodge Dart automobile belonging to Mrs. Daphne Whitaker was damaged when it became entangled in a strand of barbed wire which was suspended from a load being transported by a vehicle belonging to the State Highway Department and being operated by an employee thereof; and Whereas, said damage occurred on State Route 15 approximately seven miles south of Tennille, Georgia, in Washington County; and Whereas, the sum of $113.79 was required to repair the damages caused by said barbed wire. Now, therefore be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and instructed to pay the sum of $113.79 to Mrs. Daphne Whitaker as compensation for damages arising out of the above described occurrence. Said sum shall be paid from the funds appropriated and available to said department and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 8, 1968.
Page 3277
COMPENSATION TO MRS. GENEVA J. HARRISON. No. 159 (House Resolution No. 428-941). A Resolution. To compensate Mrs. Geneva J. Harrison; and for other purposes. Whereas, on March 3, 1966, Mrs. Geneva J. Harrison received certain injuries and property damages arising from and arising out of a collision with her automobile and an automobile of the Georgia Department of Public Safety operated by an officer of the State of Georgia; and Whereas, the General Assembly of Georgia at the 1967 Session, by House Resolution No. 114-409, approved April 14, 1967, and found in Ga. L. 1967, p. 3100, provided compensation for property damage and medical expenses only and; Whereas, the Appropriations Committee of the House of Representatives voted and authorized an additional sum of $2500.00 for other compensation; and Whereas, the House of Representatives passed and approved compensation of $2500.00 in excess of that actually paid, but through some error the figure in the Resolution approved by the Governor was $2500.00 less than the amount actually passed by the House; and Whereas, the sum of $2500.00 was not paid through no fault of claimant and it is only just and proper that she be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Department of Public Safety is hereby authorized and directed to pay the sum of $2500.00 to Mrs. Geneva J. Harrison as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall
Page 3278
be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO WILLIAM FRANK HORTON. No. 160 (House Resolution No. 429-944). A Resolution. To compensate William Frank Horton; and for other purposes. Whereas, on September 2, 1965, a Chevrolet Automobile owned by William Frank Horton, and being operated by his wife, Agnes Marie Horton, in a southerly direction on Woodland Avenue, S. E.; and Whereas, a member of the State Patrol operating an automobile belonging to the Department of Public Safety was backing out of a private driveway at 989 Woodland Avenue, S. E.; and Whereas, as Mr. Horton's vehicle approached the entrance to said private driveway, said Department of Public Safety Vehicle backed into the front of Mr. Horton's vehicle, knocking said vehicle out of control and causing it to strike a third vehicle; and Whereas, the total amount of damages to Mr. Horton by virtue of the aforesaid damage to the automobile was $411.23; and Whereas, said accident, damages and loss occurred through no fault or negligence whatsoever on the part of Mr. Horton or the operator and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby
Page 3279
authorized and directed to pay the sum of $411.23 to William Frank Horton 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 claims presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 April 8, 1968. COMPENSATION TO WENDELL WALKER. No. 161 (House Resolution No. 435-952). A Resolution. To compensate Wendell Walker; and for other purposes. Whereas, on Wednesday, October 18, 1967, at 12:15 p.m., Mr. Wendell Walker was driving his 1963 Ford truck west on Nail's Ferry Road towards the intersection of Midway Church Road, three miles north of the city limits of Baxley, Georgia; and Whereas, Donald Hunter, a highway engineer for the Georgia State Highway Department, was driving a 1965
Page 3280
Ford truck, owned by the Georgia State Highway Department, south on Midway Church Road; and Whereas, there is a stop sign at the intersection for vehicles on Midway Church Road; and Whereas, the two vehicles collided, causing $628.61 damage to Mr. Wendell Walker's 1963 Ford truck; and Whereas, the accident occurred through no fault or negligence of Mr. Wendell Walker and it is only just and proper that he be compensated for the damages caused to his 1963 Ford truck. 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. Wendell Walker the sum of $628.61 as compensation as set out above. Said payment shall be in full and final satisfaction of all claims against the State of Georgia arising out of the aforesaid accident. Said sum shall be paid from the funds appropriated to or available to said department. Approved April 8, 1968. COMPENSATION TO MRS. HERSHEL V. POPE. No. 162 (House Resolution No. 448-973). A Resolution. To compensate Mrs. Hershel V. Pope; and for other purposes. Whereas, on Monday, March 6, 1967, at 10:50 a.m., Mr. Hershel V. Pope was crossing North Street at the intersection of North and Orange Streets in Vidalia, Georgia; and Whereas, a 1960 Chevrolet dump truck owned by the State Highway Department of Georgia and driven by
Page 3281
Chester Kool Dykes, a laborer for the State Highway Department of Georgia, was stopped for the red traffic light on Orange Street, heading south; and Whereas, when the light turned green for Orange Street, Chester Kool Dykes started his truck in motion and the truck struck Mr. Hershel V. Pope; and Whereas, Mr. Hershel V. Pope, who was age 80, died of head injuries received as a result of the accident; and Whereas, the widow of the deceased, Mrs. Hershel V. Pope, has suffered an irreparable loss; and Whereas, the accident occurred through no fault of the deceased, Mr. Hershel V. Pope; and Where, it is only just and proper that the deceased's widow, Mrs. Hershel V. Pope, be compensated $10,000 for her loss. 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. Hershel V. Pope the sum of $8,698.20 as compensation as set out above. Said payment shall be in full and final satisfaction for any claim against the State arising out of the aforesaid accident. Said sum shall be paid from the funds appropriated to or available to said department. Approved April 8, 1968.
Page 3282
COMPENSATION TO BOSTON SEED COMPANY. No. 163 (House Resolution No. 452-999). A Resolution. Compensating the Boston Seed Company; and for other purposes. Whereas, on or about May 1, 1966, a 1965 GMC truck owned by the Boston Seed Company of Boston, Georgia, was being driven along State Road 133 between Boston and Barwick, in Thomas County, Georgia; and Whereas, at such time and place, a rock fell from a truck belonging to the State Highway Department and broke the windshield of said truck owned by the Boston Seed Company causing damages in the amount of $70.79; and Whereas, the Boston Seed Company has not been and cannot be paid for said damages by insurance; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of the Boston Seed Company, and it is only just and proper that said company be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay the sum $70.79 to the Boston Seed Company as compensation as provided 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 funds appropriated or otherwise available to said department. Approved April 8, 1968.
Page 3283
COMPENSATION W. B. HAMBY. No. 164 (House Resolution No. 454-1013). A Resolution. To compensate W. B. Hamby; and for other purposes. Whereas, on August 1, 1966, Mr. Hamby was driving his automobile upon Highway 41 north of Marietta, Georgia in Cobb County; and Whereas, a machine operated by Clyde Mayfield, and owned by the Georgia State Highway Department, was mowing grass along said highway; and Whereas, a rock was thrown by said machine into the path of vehicle operated by said Mr. W. B. Hamby, damaging same in windshield in the amount of one hundred eight, and seventy-eight cents ($108.78); and Whereas, said damage occurred through no fault or negligence in any way whatsoever on the part of Mr. Hamby 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 of Georgia is hereby authorized and directed to pay the sum of one hundred eight, and seventy-eight ($108.78) to W. B. Hamby as compensation for damages as set forth above. The payment of said sum shall be in full and final satisfaction for any and all claims resulting from said Act. Said sum shall be payable from the funds appropriated to and available to the State Highway Department. Approved April 8, 1968.
Page 3284
COMPENATION TO WALLACE THOMAS. No. 165 (House Resolution No. 457-1013). A Resolution. Compensating Mr. Wallace Thomas; and for other purposes. Whereas, on May 19, 1967, Mr. Thomas was traveling east on State Route 94; and Whereas, at the intersection of State Route 94 and State Route 122 Mr. Thomas was stopped by an employee of the State Highway Department; and Whereas, upon the direction of the employee of the State Highway Department Mr. Thomas started to turn left and as he was turning left his vehicle was backed into by an asphalt roller being driven by Mr. Pete Grace, also an employee of the State Highway Department, causing damages in the amount of $199.49 to Mr. Thomas' automobile; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Thomas, and it is only just and proper that he be compensated for such damages. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $199.49 to Mr. Wallace Thomas as compensation as provided 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 funds appropriated to or available to said department. Approved April 8, 1968.
Page 3285
COMPENSATION TO CLYDE N. FITZPATRICK. No. 166 (House Resolution No. 478-1029). A Resolution. Compensating Mr. Clyde N. Fitzpatrick; and for other purposes. Whereas, on February 16, 1967, at approximately 9:45 p.m. Mr. Cecil Leon Fitzpatrick, age 19, was driving a 1967 Chevrolet owned by his father, Mr. Clyde N. Fitzpatrick, in an easterly direction on Joe Black Road in Hall County, Georgia; and Whereas, Mrs. Clyde N. Fitzpatrick, wife of Mr. Clyde N. Fitzpatrick, and Mr. Jeff Fitzpatrick, age 13, son of Mr. Clyde N. Fitzpatrick, were passengers in said automobile; and Whereas, when Mr. Cecil Leon Fitzpatrick approached the junction of Joe Black Road and State Route 52, he was unable to stop the vehicle he was driving and skidded across State Route 52 and down an embankment; and Whereas, Mr. Clyde N. Fitzpatrick incurred medical and property damages in the amount of $3,129.38 as a result of the accident; and Whereas, of this amount, $2,107.34 has been paid by insurance leaving $1,022.04, to be paid by Mr. Clyde N. Fitzpatrick personally; and Whereas, this accident occurred because the stop sign at the junction of Joe Black Road and State Route 52 had been removed and had not been replaced by the State Highway Department at the time of this accident; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Cecil Leon Fitzpatrick or Mr. Clyde N. Fitzpatrick, and it is only just and proper that Mr. Clyde N. Fitzpatrick be compensated therefor.
Page 3286
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 $1,022.04, to Mr. Clyde N. Fitzpatrick as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO MRS. EURA MAE POPE. No. 167 (House Resolution No. 480-1037). A Resolution. Compensating Mrs. Eura Mae Pope; and for other purposes. Whereas, on August 10, 1966 at about 12:15 p.m., Mrs. Eura Mae Pope was traveling west in the left lane of Forsyth Street in Americus, Georgia in her 1966 fourdoor Chrysler automobile; and Whereas, at the same time and place, Mr. Bill Partain, an employee with the State Highway Department, was traveling west in the right hand lane in a truck owned by said department, and Mr. Partain made a left turn across the left lane of traffic and in front of the automobile driven by Mrs. Pope, colliding with her automobile and causing her bodily injury and causing damage to the Pope vehicle in the amount of $347.71; and Whereas, Mrs. Pope was confined in the Americus and Sumter County Hospital at that time for a period of eight days, incurring expenses as follows:
Page 3287
Room -$17.00 per day $ 136.00 Laboratory work 11.00 Medicine 40.35 X-ray 45.00 Hospital Supplies .85 Total $ 233.20 And whereas, after she was discharged to go home, she was unable to remain there and re-entered the hospital on August 22, 1966 for five days, incurring additional expenses as follows: Room -1 day @ $14.00 $ 14.00 4 days @ $ 20.00 80.00 Laboratory work 9.00 Medicine 23.90 Total $ 126.90 And whereas, during her convalescence, Mrs. Pope received medical treatment by Dr. John H. Robinson in the amount of $100.00, and it was necessary for her to hire extra help for the convalescence period totaling $105.00; and Whereas, at the time of her injury, Mrs. Pope was in charge of the Oak Grove Cemetery and had to hire another person to act in her place for a period of approximately four weeks during her absence at the rate of $50.00 per week, for a total of $200.00; and Whereas, Mrs. Pope suffered pain as a result of the injury for a period of approximately six months and she still continues to suffer to some extent and in her opinion, the pain and suffering would have a fair and reasonable value of $1,500.00; and Whereas, said accident occurred through no fault or negligence on the part of Mrs. Pope, and it is only just and proper that she be compensated therefor.
Page 3288
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 $562.01 to Mrs. Eura Mae Pope as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO A. H. GRANT. No. 168 (House Resolution No. 482-1037). A Resolution. Compensating Mr. A. H. Grant; and for other purposes. Whereas, at about 12:15 p.m. on August 25, 1967, Mr. A. H. Grant was traveling east in his 1963 Dodge fourdoor automobile on East Glessner Street in Americus, Georgia; and Whereas, at the same time and place, Mr. Garland D. Bush, an employee with the Georgia Factory for the Blind, was traveling in front of Mr. Grant in a 1964 International Truck owned by the Georgia Factory for the Blind; and Whereas, Mr. Bush attempted to make a left hand turn on to a side street off of East Glessner Street and overran the side street and in order to make such turn, he had to back up and in doing so, he backed into the Grant automobile causing damage thereto in the amount of $203.53; and Whereas, such damage occurred through no fault or negligence whatsoever on the part of Mr. Grant, and
Page 3289
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 Family and Children Services is hereby authorized and directed to pay the sum of $203.53 to A. H. Grant as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO MRS. J. E. FERGUSON. No. 169 (House Resolution No. 483-1037). A Resolution. Compensating Mrs. J. E. Ferguson; and for other purposes. Whereas, on October 24, 1967, at approximately 9:30 a.m., Mrs. J. E. Ferguson had legally parked her 1967 four-door Sedan Oldsmobile automobile on Oak Avenue on the right hand side of the road headed south in Americus, Georgia; and Whereas, a truck owned by the Georgia Forestry Commission and driven by an employee of said Commission collided with the Ferguson automobile causing damage to the said automobile in the amount of $185.25; and Whereas, said accident occurred through no fault or negligence on the part of Mrs. Ferguson, and it is only just and proper that she be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Forestry Commission is hereby authorized and directed to pay the sum of $150.43 to Mrs.
Page 3290
J. E. Ferguson as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO CLAUDE H. RENFROE, JR. No. 170 (House Resolution No. 499-1089). A Resolution. Compensating Claude H. Renfroe, Jr.; and for other purposes. Whereas, on October 11, 1966, at about 10:15 a.m., Mr. Delacy Yawn, an employee with the State Highway Department, was driving a tractor owned by said department south on Ga. Highway 149 approximately six miles from McRae, Georgia; and Whereas, at the same time and place, Mr. Claude H. Renfroe, Jr. was driving his 1962 Falcon automobile behind the tractor driven by Mr. Yawn; and Whereas, Mr. Renfroe was attempting to pass the tractor without sounding the horn, and Mr. Yawn was attempting to make a left turn without signalling and a collision occurred, causing damage to the Renfroe vehicle in the amount of $175.28; and Whereas, in the opinion of the investigating officer, the cause of the accident was due to Mr. Yawn attempting to make a left turn without giving a turn signal; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Renfroe, and it is only just and proper that he be compensated therefor.
Page 3291
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 $175.28 to Mr. Claude H. Renfroe, Jr. as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO R R SALES COMPANY. No. 171 (House Resolution No. 500-1089). A Resolution. Compensating R R Sales Company; and for other purposes. Whereas, on or about February 4, 1966, at 10:15 a.m., Mr. James Frank Mosley, a salesman with R R Sales Company, was driving a 1965 Dodge owned by the R R Sales Company and had stopped for a traffic light at the intersection of U. S. Highway 41 and U. S. Highway 341 in Perry, Georgia; and Whereas, at the same time and place, Mr. Jerry Joe Teems, an employee with the State Highway Department, was traveling just behind the R R Sales Company vehicle in a 1963 Ford truck owned by said department; and Whereas, Mr. Teems failed to stop the truck in the line of traffic at the red light and collided into the rear of the R R Sales Company vehicle, causing damage to the R R Sales Company vehicle, in the amount of $100.77; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Mosley or the R R Sales
Page 3292
Company, and it is only just and proper that the R R Sales Company be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $100.77 to R R Sales Company as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO PAUL C. BARTON. No. 172 (House Resolution No. 526-1114). A Resolution. To compensate Paul C. Barton; and for other purposes. Whereas, at 2:10 p.m., Thursday, January 5, 1967, Paul C. Barton was driving his 1960 Chevrolet west on U.S. Highway 78 (Ga. Highway No. 8), about one mile east of the center of Lithia Springs, Georgia; and Whereas, Paul C. Barton was approaching Ga. Highway No. 6; and Whereas, Clarence Berry Brooks was driving a 1965 Ford truck owned by the State Highway Department of Georgia on Ga. Highway No. 6; and Whereas, the truck owned by the State Highway Department was driven through a Stop sign and hit the automobile owned and driven by Paul C. Barton; and Whereas, Paul C. Barton's automobile was damaged in the amount of $250, through no fault or negligence of his
Page 3293
own, and it is only just and proper that he should be reimbursed for his loss. 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 $208.73 to Paul C. Barton as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO L. D. DARDEN. No. 173 (House Resolution No. 528-1156). A Resolution. Compensating Mr. L. D. Darden; and for other purposes. Whereas, on Sunday, April 30, 1967, Mr. L. D. Darden was pulling two skiers on Laura S. Walker State Park Lake; and Whereas, Mr. Darden was observing all of the boating laws; and Whereas, the motor on the boat owned and operated by Mr. Darden struck a piling which had been sawed off approximately eight inches under the surface of the water, causing damages in the amount of $115.00 to the boat and motor; and Whereas, this piling was in line with an abandoned swimming area and was well within the prescribed limits of the boating area of the park; and
Page 3294
Whereas, a similar accident had occurred approximately two weeks earlier and the park personnel had failed to mark the area; and Whereas, this accident occurred through no fault or negligence on the part of Mr. Darden and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of State Parks is hereby authorized and directed to pay the sum of $115.00 to Mr. L. D. Darden as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO MRS. RUBY ODELL HOLBROOK AND ROBERT ANDREW HOLBROOK. No. 174 (House Resolution No. 532-1156). A Resolution. Compensating Mrs. Ruby Odell Holbrook and her husband, Mr. Robert Andrew Holbrook; and for other purposes. Whereas, on October 12, 1964, at approximately 10:30 a.m. Mrs. Ruby Odell Holbrook was a passenger in the right front seat of a 1964 Chevrolet two-door automobile owned and being operated by her daughter, Mrs. Jimmy P. White; and Whereas, Mrs. White was proceeding south on Roswell Road in Fulton County, Georgia; and Whereas, at the intersection of Roswell Road and Ison Drive Mrs. White reduced the speed of the vehicle she
Page 3295
was driving preparatory to turning right from Roswell Road onto Ison Drive; and Whereas, as the proceeded to turn, the rear end of the vehicle she was driving was struck violently by a Chevrolet dump-truck owned by the State Highway Department and being operated by Jessie Truman King, an employee of the State Highway Department; and Whereas, as a result of the accident Mrs. Holbrook was injured and required the treatment and care of a physician from October 12, 1964, through September 4, 1965; and Whereas, as a result of such medical treatment and care, she incurred an indebtedness of $1,080.50; and Whereas, as a result of her injuries, Mrs. Holbrook was hospitalized at Crawford W. Long Memorial Hospital in Atlanta on October 12, 1964, and remained hospitalized until December 15, 1964; and Whereas, as a result of such hospitalization, Mrs. Holbrook incurred an indebtedness of $1,643.55; and Whereas, as a result of her injuries, Mrs. Holbrook suffers excruciating pain and has become extremely nervous and upset, for which she is entitled to recover compensatory damages in the amount of $2,500.00; and Whereas, her husband, Mr. Robert Andrew Holbrook, was deprived of her services, conjugal and otherwise, from October 12, 1964, until December 15, 1964, and partially deprived of such services from December 16, 1964, to September 4, 1965, for which he is entitled to recover damages in the amount of $1,000.00; and Whereas, this accident occurred through no fault or negligence of Mrs. Ruby Odell Holbrook or her husband, Mr. Robert Andrew Holbrook, and it is only just and proper that they be compensated for their damages.
Page 3296
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 $2,612.05 to Mrs. Ruby Odell Holbrook and her husband, Mr. Robert Andrew Holbrook, as compensation as provided 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 funds appropriated to or available to said department. Approved April 8, 1968. COMPENSATION TO HEIRS AT LAW OF WILLIAM COUCH. No. 175 (House Resolution No. 533-1156). A Resolution. Compensating the heirs at law of the late Mr. William Couch; and for other purposes. Whereas, on December 27, 1966, at about 2:20 p.m., Mr. Couch was driving his 1950 Plymouth automobile north on Lee Road two miles south of Lithia Springs, Georgia; and Whereas, at the same time and place, Mr. Silas Branch, Jr., an employee with the State Highway Department, was driving a 1965 Ford two and one-half ton truck; and Whereas, Mr. Branch exited off Interstate 20 on to Lee Road and ran a stop sign while entering Lee Road, causing a collision with Mr. Couch and completely demolishing his automobile, which had an estimated value of $200.00; and Whereas, Mr. Couch expired on December 28, 1966 in the opinion of his doctors as a direct result of the injuries caused by said accident; and
Page 3297
Whereas, the deceased was seventy-five years of age at the date of his death and according to Carlisle's Mortality Tables, he had a life expectancy of 7.01 years and even though he was retired, his life was worth a minimum of $25.00 per week, which extended under the mortality tables, comes to $9,113.00; and Whereas, Mr. Couch's heirs at law suffered the additional out-of-pocket expenses caused by said accident: J. Cowen Whitley, Ambulance $ 10.00 Georgia Baptist Hospital 44.20 Dr. Bedford Davis 90.00 Atlanta Radiologist Associates 11.25 Roy Davis Ambulance 10.00 Atlanta Orthopedic Clinic 75.00 Douglas County Hospital 42.50 Dr. Claud Van Sant 25.00 J. Cowen Whitley for funeral 1,172.25 American Monument Company 334.75 Total 1,814.95 And whereas, said accident occurred through no fault or negligence on the part of Mr. Couch, and it is only just and proper that his heirs at law 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 $7,157.06 to the heirs at law of William Couch as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968.
Page 3298
COMPENSATION TO CARROLL J. MINCEY. No. 176 (House Resolution No. 534-1179). A Resolution. To compensate Mr. Carroll J. Mincey; and for other purposes. Whereas, on October 18, 1961, an employee of the State Highway Department was operating a dump truck belonging to said department, on a street within the city limits of Clarkesville, Georgia; and Whereas, he made a sudden turn of said truck causing a large amount of gravel to fall out of said truck onto an automobile belonging to Mr. Carroll J. Mincey, causing damage to said automobile in the amount of $103.81; and Whereas, said damage and expense occurred through no fault or negligence whatsoever on the part of Mr. Mincey, 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 $103.81 to Mr. Carroll J. Mincey as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968.
Page 3299
COMPENSATION TO LAURIE M. JONES. No. 177 (House Resolution No. 605-1295). A Resolution. Compensating Mr. Laurie M. Jones; and for other purposes. Whereas, on or about November 6, 1967, Mrs. Jacqulyn Jones was driving a 1962 Ford automobile, owned by her husband, Mr. Laurie M. Jones, along State Route 247 about one mile north of Warner Robins, Georgia; and Whereas, at such time and place, a truck belonging to the State Highway Department and being driven by Mr. Frank Wright, an employee of said department, stopped in front of the automobile being driven by Mrs. Jones; and Whereas, Mrs. Jones stopped said automobile behind said truck, and without warning, said truck was started in reverse backing into said automobile being driven by Mrs. Jones; and Whereas, said accident caused damage to said automobile owned by Mr. Laurie M. Jones in the amount of $290.91; and Whereas, Mr. Jones has not been and cannot be compensated by insurance for such damage; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. or Mrs. Jones, and it is only just and proper that Mr. Jones be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department of Georgia is hereby authorized and directed to pay the sum of $290.91 to Mr. Laurie M. Jones as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of
Page 3300
said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 8, 1968. COMPENSATION TO MRS. FRANCIS B. RIGGINS. No. 178 (House Resolution No. 610-1297). A Resolution. Compensating Mrs. Francis B. Riggins; and for other purposes. Whereas, on or about December 28, 1965, Mrs. Francis B. Riggins was driving her 1962 Ford automobile south on U. S. Highway 441 near Milledgeville, Georgia, as she approached the intersection of Georgia Highway 29; and Whereas, upon reaching said intersection, a truck belonging to the State Highway Department and being driven by Roy Anderson, a prisoner of the Putnam Prison Branch, backed into Highway 441 and into the path of the automobile being driven by Mrs. Riggins; and Whereas, Mrs. Riggins was unable to stop or avoid hitting said truck because another truck belonging to the State Highway Department was parked on the shoulder of the road; and Whereas, as a result of said circumstances, the automobile being driven by Mrs. Riggins struck said truck causing personal injuries to Mrs. Riggins in the amount of $392.60 and property damage in the amount of $422.14; and Whereas, Mrs. Riggins has not been and cannot be compensated for said injuries and property damage by insurance; and
Page 3301
Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mrs. Riggins, and it is only just and proper that she be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum $422.14 to Mrs. Riggins as compensation as provided 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 funds appropriated or available to said department. Approved April 8, 1968. COMPENSATION TO ROBERT M. FALES. No. 179 (House Resolution No. 685-1477). A Resolution. Compensating Robert M. Fales; and for other purposes. Whereas, on August 22, 1967, Mr. Robert M. Fales parked his 1959 Pontiac four-door Sedan in front of the Laboratory Building owned by the State Highway Department, which is located in the City of Jesup, Wayne County, Georgia; and Whereas, at the same time and place, Mr. W. T. McCullough, an employee of the State Highway Department, was cutting grass for said department with a mower owned by said department; and Whereas, Mr. McCullough hit a rock with said mower, throwing the rock through the windshield of the Fales' vehicle, causing damage thereto in the amount of $122.65; and
Page 3302
Whereas, the accident occurred through no fault or negligence on the part of Mr. Fales 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 $116.92 to Mr. Robert M. Fales as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO IRENE THOMPSON. No. 180 (House Resolution No. 710-1479). A Resolution. Compensating Irene Thompson; and for other purposes. Whereas, Irene Thompson was driving her car on U. S. Highway 278, near Covington, Georgia, on August 1, 1966; and Whereas, James Lunsford, an employee of the State Highway Department of Georgia, was mowing the grass along the right-of-way of said highway with a tractormower owned by said department; and Whereas, the blades of the mower struck and hurled a rock into the windshield of the car owned and driven by Irene Thompson; and Whereas, Irene Thompson has suffered property damage in the amount of $123.01 due to no fault or negligence of her own.
Page 3303
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 $123.01 to Irene Thompson as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO MISS MARIE YVETTE CONTINE. No. 181 (House Resolution No. 712-1486). A Resolution. Compensating Miss Marie Yvette Contine; and for other purposes. Whereas, on January 2, 1968, at about 2:20 p.m., Miss Marie Yvette Contine was traveling west on Holman Avenue in the City of Athens, Georgia in her 1963 Plymouth automobile; and Whereas, at the same time and place, Lt. W. E. Butler, an employee of the Department of Public Safety, was traveling in a 1967 Chevrolet sedan owned by said department north on Sunset Terrace and while in the process of making a right hand turn onto Holman Avenue at the intersection of Holman Avenue and Sunset Terrace, Lt. Butler turned into the west bound lane of traffic on Holman Avenue, colliding with the left side of the Contine vehicle, causing damage thereto in the amount of $349.86; and Whereas, said accident occurred through no fault or negligence on the part of Miss Marie Yvette Contine and it is only just and proper that she be compensated therefor.
Page 3304
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 $349.86 to Miss Marie Yvette Contine as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO GLAWER PITTS. No. 182 (House Resolution No. 549-1200). A Resolution. Compensating Mr. Glawer Pitts; and for other purposes. Whereas, on October 3, 1966, at about 10:00 a.m., Mrs. Glawer Pitts and Andria Pitts were driving in an automobile owned by Mr. Glawer Pitts and being driven by Shirley Pitts on Ga. Highway 140 in Canton, Georgia; and Whereas, at the same time and place, Mr. Walter J. Snuff, an employee with the Georgia Department of Agriculture, was driving a truck owned by said department on Ga. Highway No. 5; and Whereas, Mr. Snuff ran through a red light at the intersection of Ga. Highway No. 5 and Ga. Highway No. 140 and struck the Pitts automobile causing damage thereto in the amount of $910.00, plus a $10.00 wrecker fee; and Whereas, in addition to the damage to his automobile, Mr. Pitts incurred the following expenses caused by said accident:
Page 3305
Mrs. Pitts - Dr. John A. Cauble $ 64.00 R. T. Jones Memorial Hospital 195.75 Baker and Son Funeral Home 10.00 Loss of Earnings 200.00 Total Expenses for Mrs. Pitts $469.75 Andria Pitts - Dr. John A. Cauble $ 39.00 R. T. Jones Memorial Hospital 81.00 Huey Funeral Home 5.00 Total Expenses for Andria Pitts $125.00 Shirley Pitts - Dr. John A. Cauble $ 31.00 R. T. Jones Memorial Hospital 62.50 Total Expenses for Shirley Pitts $93.50 Mr. Pitts - Loss of Earning due to accident $ 80.00 Total Expenses Incurred due to accident $768.25 And whereas, said accident occurred through no fault or negligence on the part of Mr. Glawer Pitts, Mrs. Glawer Pitts, Andria Pitts or Shirley Pitts, and it is only just and proper that Mr. Pitts be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Agriculture is hereby authorized and directed to pay the sum of $1,293.25 to Mr. Glawer Pitts as compensation as provided above. Said sum shall be paid from funds appropriated to or
Page 3306
available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968. COMPENSATION TO BURCH GRIFFIN. No. 183 (House Resolution No. 550-1206). A Resolution. To compensate Mr. Burch Griffin; and for other purposes. Whereas, on January 23, 1967, Brenda Griffin was driving an automobile belonging to her father, Burch Griffin, on East Franklin Street in Hartwell, Georgia, which is a one-way street; and Whereas, as she started to make a turn into Carolina Street, which is also a one-way street, a collision occurred between the Griffin automobile and a truck belonging to the State Highway Department which was being operated by an employee of said department; and Whereas, the Griffin automobile was damaged in the amount of $337.54 and it is only just and proper that Mr. Griffin be compensated therefor. Now, therefore, be it resolved by the General Assembly of Gerogia that the State Highway Department is hereby authorized and directed to pay the sum of $337.54 to Burch Griffin as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968.
Page 3307
COMPENSATION TO BILLY W. PARKS No. 184 (House Resolution No. 595-1243). A Resolution. Compensating Billy W. Parks; and for other purposes. Whereas, on or about April 14, 1967, at approximately 4:58 p.m., the 1965 Pontiac automobile belonging to Billy W. Parks was damaged in a collision with a motor vehicle belonging to the Department of Public Safety and being operated by Daniel W. Green, an employee thereof; and Whereas, said collision occurred when the Department of Public Safety vehicle pulled into the path of the automobile being operated by Billy W. Parks in a southerly direction on State Highway 280 at or near its intersection with Short Street in Cobb County; and Whereas, said collision and the resulting damage to said automobile of Billy W. Parks required him to expend the sum of nine hundred seventy-one ($971.00) dollars in repairing said damages. 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 $647.00 to Billy W. Parks as compensation for his damages arising out of the hereinabove described occurrence. Said sum shall be paid from funds appropriated to and available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968.
Page 3308
COMPENSATION TO H. K. MOODY No. 185 (House Resolution No. 604-1288). A Resolution. Compensating H. K. Moody; and for other purposes. Whereas, on or about August 1, 1967, H. K. Moody was involved in a collision with a truck belonging to the Georgia State Forestry Commission and being operated by H. G. Moore, an employee thereof; and Whereas, said collision occurred on Hastings Road located in Greene County when the Forestry Commission motor vehicle came out of a private drive, failed to yield the right-of-way and ran into the 1964 Chevrolet owned and operated by H. K. Moody; and Whereas, H. K. Moody was required to expend the sum of $289.53 to repair the damages to his said motor vehicle. Now, therefore, be it resolved by the General Assembly of Georgia that the State Forestry Department is hereby authorized and directed to pay the sum of $289.53 to H. K. Moody as compensation for damages resulting from said occurrence. Said sum shall be paid from funds appropriated to and available to said department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 8, 1968.
Page 3309
SALARIES OF CLERKS OF SUPERIOR COURT IN CERTAIN COUNTIES (500,000 OR MORE) (300,000 OR MORE). No. 1041 (House Bill No. 1067). An Act to provide that in all counties of this State having a population of 500,000 or more, according to the United States Census of 1960 or any future census, the salary of the clerk of the superior court shall be fixed by the county commission, or other governing authorities of such counties, when the budget is adopted for the current year in such county, and shall be payable in equal monthly installments throughout said year; to repeal the Act approved March 6, 1956 (Ga. L. 1956, Vol. II, p. 2812) applicable to counties having a population of 300,00; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. In all counties of this State having a population of 500,000 or more, according to the United States Census of 1960 or any future census, the salary of the clerk of the superior court shall be fixed by the county commission, or other governing authorities of such counties, when the budget is adopted for the current year in such county, and shall be payable in equal monthly installments throughout said year. Such salary shall not be less than $12,000 per year nor more than $18,000 per year. Section 2. The Act approved March 6, 1956 (Ga. L. 1956, Vol. II, p. 2812) fixing the salary of clerks of the superior court in counties having a population of 300,000 or more, is hereby repealed. 1956 Act repealed. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved April 8, 1968.
Page 3310
ACT PROVIDING LICENSE FEES FOR TAXICAB BUSINESSES IN CERTAIN MUNICIPALITIES REPEALED (300,000 OR MORE). No. 1046 (House Bill No. 1100). An Act to repeal an Act entitled An Act to establish the license fees which may be charged to any person, firm or corporation with a taxicab franchise and engaged in the taxicab business by all cities of this State having a population of 300,000 or more according to the United States Decennial Census of 1960 or any future such census; to provide that the license fee established by this Act shall be the only license fee or business tax such cities shall be authorized to levy and collect; to provide for all procedures and matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes, approved March 17, 1967 (Ga. L. 1967, p. 2174); 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 license fees which may be charged to any person, firm or corporation with a taxicab franchise and engaged in the taxicab business by all cities of this State having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census; to provide that the license fee established by this Act shall be the only license fee or business tax such cities shall be authorized to levy and collect; to provide for all procedures and matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes, approved March 17, 1967 (Ga. L. 1967, p. 2174), is hereby repealed in its entirety. 1967 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The effective date of this Act shall be midnight, December 31, 1968. Effective date. Approved April 8, 1968.
Page 3311
DEPOSIT OF TRASH, GARBAGE, ETC. IN CERTAIN COUNTIES (135,000-140,000). No. 1056 (House Bill No. 1200). An Act to provide that it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on any public or private property other than an approved sanitary landfill in certain counties; to provide for a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States Decennial Census of 1960 or any future such census, it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on public or private property in such counties other than an approved sanitary landfill; provided, however, such waste and other items hereinbefore enumerated may be dumped in an area other than an approved sanitary refill if approved by a majority vote of the governing body of the city where the land affected is located, or by a majority vote of the governing body of the county, where the land lies outside the city limits. Section 2. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968.
Page 3312
COMPENSATION OF CLERKS OF SUPERIOR COURTS OF CERTAIN COUNTIES (2,000 OR LESS). No. 1072 (House Bill No. 1527). An Act to provide a supplementary salary payable from county funds for certain clerks of the superior courts of this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the present compensation and allowances being received by the clerks of the superior courts of all counties of this State having a population of not more than two thousand (2,000) according to the United States decennial census of 1960 or any such future census, the governing authorities of such counties shall supplement the compensation of such clerks in the amount of twenty-five ($25.00) dollars per month, payable from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. BOOKKEEPING AND ACCOUNTING SYSTEMS IN CERTAIN COUNTIES (25,250-28,250). No. 1073 (House Bill No. 1574). An Act to provide that in certain counties the governing authorities thereof shall adopt a uniform central accounting and bookkeeping system; to provide that all departments, officers, and employees of the county charged with the responsibility of administering county funds shall adopt and conform to such centralized bookkeeping and accounting system; to provide the procedure connected therewith; to provide for penalties; to repeal conflicting laws; and for other purposes.
Page 3313
Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 25,250 and not more than 28,250 according to the United States decennial census of 1960 or any such future census, the governing authorities thereof shall adopt a uniform central bookkeeping and accounting system which shall be based upon sound and acceptable accounting and bookkeeping procedures. After the adoption of such accounting and bookkeeping procedures by the governing authorities, all departments of the county government and all elected officials and employees thereof charged with the responsibility of administering or handling any county funds shall amend their accounting and bookkeeping systems and procedures so as to conform to the central accounting and bookkeeping systems which have been adopted by the governing authorities of such counties. Section 2. The head of any department of the county government or elected official charged with the responsibility of administering or handling county funds and which shall fail or refuse to conform to the central accounting and bookkeeping system adopted by the governing authorities of such counties shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. ACT AUTHORIZING LAW LIBRARIES IN CERTAIN COUNTIES AMENDED (23,500-24,000). No. 1074 (House Bill No. 1576). An Act to amend an Act authorizing certain counties to establish and maintain law libraries for the use of judges, solicitors, ordinaries, and other officers of the courts of said counties, approved April 6, 1967, (Ga. L. 1967, pp. 2942 et seq.), to provide that the funds for the establishment
Page 3314
and maintenance of said libraries be limited to the certain criminal and civil actions upon which the court costs are actually paid; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia approved April 6, 1967, (Ga. L. 1967, pp. 2942 et seq.), entitled An Act to authorize certain counties to establish and maintain a law library for the use of judges, solicitors, ordinaries, and other officers of the courts of said counties; etc., be and the same is hereby amended by striking therefrom in its entirety all of section 2 of said Act and substituting in lieu thereof a new section 2 of said Act to read as follows: Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries and facilities, there may be charged and collected, in addition to all other legal costs, the sum of two dollars ($2.00) in every solvent suit, action, or case, whether civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives to sell and reinvest, trade names, registrations, applications for changes of name, and all other proceedings of civil and criminal or quasi-criminal nature filed in any such county in the superior court, and the clerk of the superior court in any such county in which such a law library shall be established shall collect such fees and remit the same to the treasurer or other person or fiscal agents having custody of county funds in such counties. Where the costs in criminal or civil cases are not collected, the costs here provided for shall not be paid out of the fine or forfeiture fund of such county or any other general or special fund of said county nor shall said sum become a claim upon any monies of said counties unless the costs of said criminal or civil actions have been paid in full. Provided, that this Act shall not become effective in any such counties until the judge or judges of the superior court of the circuit in which any such county is located shall have first provided, by written order entered upon the minutes
Page 3315
of the superior court of any such counties, for the establishment and maintenance of such a law library and shall have caused a copy of such minutes to be furnished to the clerk of the superior court affected by such order. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1968. CITY OF CARTERSVILLECHARTER AMENDED. No. 1078 (House Bill No. 765). An Act to amend an Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, so as to change the name of a street; to change the date for electing the mayor and aldermen; to provide for qualifications of voters; to provide for keeping registration books for voters; to change the date for opening and closing said registration books; to provide the affirmative vote of three members of the Board of Aldermen shall be necessary and sufficient to adopt or pass any measure or to determine any question before said board; to provide for the amount of the bond which the city manager shall execute; to provide that the city manager or the board of education may not make any purchase involving more than $1,000.00 without the approval of said board; to change the authority and duties of the recorder; to strike Section 61 of said Act relating to ordinances or resolutions appropriating money; to change the provisions relating to selling property by the mayor and aldermen; to strike Section 109 relating to auditing the city books; to strike Section 113 relating to money raised for the purpose of giving instruction in the English branches of education; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. L. 1937, p.
Page 3316
1532), as amended, is hereby amended by striking from section 3 the name Market Street wherever it appears and inserting in lieu thereof the name Cherokee Avenue. Street name. Section 2. Said Act is further amended by striking in the second line of section 7 the word third and inserting in lieu thereof the word first, so that when so amended Section 7 shall read as follows: Section 7. On the third Wednesday in December, 1937, and on the first Wednesday in December every second year thereafter, as now provided by law, there shall be elected a mayor from the city at large, and one alderman from each of the four wards of said city, whose term of office shall be for two years, and until their successors are elected and qualified, beginning the first Wednesday in January, 1938, as now provided by law. Elections. Section 3. Said Act is further amended by striking in its entirety section 11 of said Act and inserting in lieu thereof a new section 11 to read as follows: Section 11. All persons shall be qualified voters in the City of Cartersville who are citizens of the United States, who have resided in Georgia one year and in the City of Cartersville six months next preceding the election at which they offer to vote and who are 18 years of age. Voter qualifications. Section 4. Said Act is further amended by striking in its entirety section 12 of said Act and inserting in lieu thereof a new section 12 to read as follows: Section 12. It shall be the duty of the city manager of the City of Cartersville to provide suitable permanent books for the permanent registration of the qualified voters of said city, for any and all elections held in said city, of every kind and character and for all purposes. Each page shall have printed, at the top of the page, the oath prescribed in this section. The pages shall provide for the signature of the persons registering, age, sex, residence, and other data required by this Act. Voter registration.
Page 3317
Every person, before registering, shall take the following oath, which shall be read by him, or to him: All persons registering, where they are able to do so, shall sign their own names, and where they are unable to sign their names they may sign their mark, through and by the city clerk, deputy clerk, or assistant clerk, all of whom are hereby authorized to administer the oath. The names of the persons registered shall be entered in the book in alphabetical order. Where signatures are illegible the clerk, deputy clerk, or assistant clerk, as the case may be, may write the name in legible form under or above the signature for the purpose of identification. The signature so made in said registration book shall be prima facie evidence that the person so signing swears (or affirms) the truth of every material fact contained in said oath, also of the written memoranda or entries, and that the oath was duly administered. The taking of the oath herein prescribed for persons seeking to register shall be sufficient authority for the clerk to permit such person to register. During the period the registration books are open, it shall be the duty of the city clerk, or such person as may be designated by the board of aldermen, deputy clerk, or assistant clerk, to permit all persons who take said oath, and no others, to register, provided that any resident of the city may take said oath and register who will arrive at the age of 18 years by the next ensuing election to be held within six months of such registration.
Page 3318
Section 5. 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. The registration books shall be kept open for the registration of voters at the city hall in Cartersville at all times during office hours except Sundays and legal holidays and except as hereinafter provided, to-wit: The books shall be closed at 5 o'clock P.M. on the fourth Friday next preceding the primary election provided for in section 28 of this Act, every year in which a general election for officers is held in the city, and shall remain closed until after the general election provided for in Section 11 of this Act, and during the time said books are required to be closed no person shall be permitted to register. For all other elections, except for the recall of a member, or members, of the board of aldermen, the registration books shall be closed, so that three full weeks (exclusive of the week in which the election is held) shall lapse between the closing of the books and the day of the election, and during this period no person shall be permitted to register. Same. Section 6. Said Act is further amended by striking in the third paragraph of section 15 the figure 21 and inserting in lieu thereof the figure 18, so that when so amended the third paragraph of section 15 shall read as follows: If it appears to said board after such hearing that any such person is not qualified to vote under this Act, the name of such person shall be stricken from the registration book and from the voters' list, except that the names of all persons who are registered pursuant to the provisions of this Act, but not qualified to vote at the ensuing election because they shall not then have arrived at the age of 18 years, or shall not have resided in the State or the city, or both, the required length of time, shall be stricken from the said voters' list, but not from the permanent registration books. The finding of the board shall be final. Provided, that this Act shall not have the effect to annual the permanent books of registered voters existing now and now in effect in said city, but those who are now registered therein are hereby
Page 3319
declared to be registered as legally and effectually as if registered under and in compliance with this Act. Purging of voters list. Section 7. Said Act is further amended by striking in the second line of section 22 the word second and inserting in lieu thereof the word first, so that when so amended section 22 shall read as follows: Section 22. On the second Wednesday in December, 1951, and on the first Wednesday in December biennially thereafter, a general election shall be held by the election managers of the City of Cartersville at the county courthouse in said city, or at such other place as may be provided by law, for the election of a mayor and four members of the board of aldermen, one member to be elected from each of the four wards of the said city. Every person desiring to become a candidate for either mayor or one of the places as alderman shall file or cause to be filed with the election managers not later than ten days before the election a statement that he desires to become a candidate for mayor or one of the places as alderman, and the further statement that he can make the required bond, and that he is offering as alderman from one of the wards of said city, stating which ward as the case may be, or if for mayor, that he is a candidate for mayor from the city at large, and all such candidates who have qualified shall have their names placed on the ballots by the election managers. Elections. Section 8. Said Act is further amended by adding in the tenth sentence of section 30 between the words the and vote the word affirmative, so that when so amended section 30 shall read as follows: Section 30. The persons elected members of the board of aldermen may take the oath of office and qualify at any time after December 31, following their election, and shall meet and take over the government of the city and organize on the first Wednesday in January next after their election, at such hour as may be appointed by the outgoing board, and in absence of such appointment, at 7 'oclock P.M. If, for any reason, the mayor and aldermen should fail to meet and organize and take over the government of the city on
Page 3320
the first Wednesday in January, as above provided, they shall do so as soon thereafter as possible. The board shall hold a regular meeting every two weeks, the time thereof to be as now provided until changed by ordinance. The board may hold special meetings from time to time, on call of the mayor, or the mayor pro tem. if the mayor is absent from the city or incapacitated by sickness or other cause. It shall be the duty of the mayor to call a special meeting when petitioned to do so in writing by three of the aldermen or by two of the aldermen and the city manager. All members of the board shall have notice of such special meeting unless they are absent from the city, or incapacitated to attend by sickness. All meetings shall be held at the city hall, and three members shall constitute a quorum. All powers of government, except as otherwise expressly provided, shall lodge in the board as an entity. The board may adopt its own rules governing its proceedings, the rules now in force to remain in force until changed by resolution. The mayor, and in his absence from the meetings, the mayor pro tem. shall be the presiding officer of the board, and shall have the right to vote on all questions, and, except as otherwise provided, the affirmative vote of three members of the board shall be necessary and sufficient to adopt or pass any measure or to determine any question before the board. Board of aldermen. Section 9. Said Act is further amended by striking in section 41 the following: of three thousand ($3,000.00) dollars, and inserting in lieu thereof the following: as prescribed by ordinance, however, the same shall not be less than fifteen thousand ($15,000.00) dollars, so that when so amended section 41 shall read as follows: Section 41. The city manager may be a non-resident of the city and of the State of Georgia, and shall be a person of good moral character, having training and experience fitting him for the duties of the office. Before entering on his duties he shall take and subscribe an oath to faithfully
Page 3321
discharge the duties of his office and to scrupulously observe all laws and ordinances of the city, and shall execute a bond with solvent sureties suable in Bartow County, to be approved by the board of aldermen, in the sum as prescribed by ordinance, however, the same shall not be less than fifteen thousand ($15,000.00) dollars, payable to the City of Cartersville, conditioned for the faithful performance of all his duties. His term of office shall be for and during the term of the board of aldermen, during which he is appointed, and till his successor is appointed and qualified. City manager. Section 10. Said Act is further amended by striking in section 42 the following: three hundred ($300.00) dollars, and inserting in lieu thereof the following: one thousand ($1,000.00) dollars, so than when so amended section 42 shall read as follows: Section 42. The city manager shall be the administrative head of the city government, except as otherwise provided. He shall be subject to inquiry and investigation by the board of aldermen or any member thereof concerning city affairs and shall give full and complete information upon all matters relating to the subject of inquiry. He shall select such competent foremen or operators as may be necessary, at such compensation as may be reasonable, for the proper and economical operation and maintenance of the city's several public utilities, and streets, fire and health protection, and all other employees necessary for the successful and economical conduct of the city's affairs. He shall be purchasing agent for the city for all supplies, fuel, equipment, machinery, tools, horses, mules, engines, cars, trucks, tractors, provisions, and all articles and wares of every kind used by the city; office furniture and fixtures. Provided, the board of education of said city may purchase school furniture, fixtures and equipment, necessary for the proper and efficient operation of the city schools, and provided further, that in no case shall the city manager or the
Page 3322
board of education complete the purchase of any of the articles or things enumerated in this section, costing more than one thousand ($1,000.00) dollars without the approval of the board of aldermen. Purchases. Section 11. Said Act is further amended by striking section 49 in its entirety and inserting in lieu thereof a new section 49 to read as follows: Section 49. Qualifications of recorder; authority and duties . The qualification of the recorder shall be the same as that of the members of the board of aldermen. He shall have authority to administer oaths, and shall be judge of `police court' in and for said city for the trial and punishment of all offenders against the laws and ordinances of the city. He shall hold police court as often as may be necessary for the purpose, and shall have power to preserve order, compel the attendance of witnesses, compel the production of material, books, papers, or documents, to be used as evidence, and punish by fine not exceeding fifty ($50.00) dollars or confinement in the jail where city prisoners are kept, not exceeding 30 days, for contempt committed in his presence in court. He shall have power to punish any person convicted of violating any penal ordinance or the code of the laws of the city, or of any penal section of the charter of the city, not made a State offense, by fine, not exceeding five hundred ($500.00) dollars and by an alternative sentence of not exceeding 90 days on the city public works, or not exceeding 90 days in the city jail. All fines imposed under this section may be collected by execution issued by the clerk. The recorder, upon investigation of any offense charged against any prisoner brought before him when presiding in said police court and it shall appear that the prisoner has committed an offense against any criminal law of the State, shall have the same power and duties of commitment to jail or to bond as are now conferred by the law of the State upon justices of the peace. Section 12. Said Act is further amended by striking section 61 of said Act in its entirety. Repealed. Section 13. Said Act is further amended by striking in its entirety section 105 of said Act, as amended, particularly
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by an Act approved March 12, 1959 (Ga. L. 1959, p. 3056) and inserting in lieu thereof a new section 105 to read as follows: Section 105. Sale of city property; closing streets, etc . The board of aldermen of said city shall have power and authority to sell at public or private sale any property purchased by said city at a sale thereof for taxes or under other process at the best price obtainable and not less than its fair market value. Said mayor and aldermen shall also have authority to sell any other property owned by the City of Cartersville that they determine is no longer useful to the city at public or private sale for the best price obtainable and not less than its fair market value as determined by said board of aldermen. The board of aldermen are hereby granted full power and authority to close or abolish, either permanently or temporarily, any street, road, alley, sidewalk or other public area in said city. Section 14. Said Act is further amended by striking in its entirety section 109 of said Act. Repealed. Section 15. Said Act is further amended by striking section 112 in its entirety and inserting in lieu thereof a new section 112 to read as follows: Section 112. School Tax . The board of aldermen of the City of Cartersville is hereby authorized to levy a tax annually in addition to that now authorized by law for other purposes, on all the taxable property in said city not to exceed the tax rate for school purposes authorized by law, for the purpose of establishing and maintaining a system of public schools in said city; provided, the money so raised by taxation shall be used only for school purposes, as in this Act set forth. Section 16. Said Act is further amended by striking section 113 in its entirety. Repealed. Section 17. Said Act is further amended by striking in its entirety section 4 of the 1959 amendatory Act and inserting in lieu thereof a new section 4 to read as follows:
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Section 4. Independent Audit . The council shall provide for an independent annual audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that there will be introduced at the January 1967 Session of the General Assembly of Georgia, a bill to amend the City Charter of Cartersville, Georgia, so as to change the powers of the mayor and board of aldermen; to provide compensation for the mayor and board of aldermen; to change the terms of office for each alderman; to provide for the filling of vacancies on the board of aldermen and in the office of mayor; to change the qualifications of successful candidates for the offices of mayor and aldermen; to change the provisions relating to the appointment and removal of the city manager; to change the penalties which may be assessed in the recorder's court; to change the millage rate allowable for school purposes; and for other purposes. Joe Frank Harris Representative, 14th District. David N. Vaughan, Jr. Representative, 14th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative
Page 3325
from the 14th District, and that the attached copy of notice of intention to introduce local legislation was published in The Bartow Herald which is the official organ of Bartow County, on the following dates: February 2, 9, and 16th, 1967. /s/ Joe Frank Harris Representative, 14th District Sworn to and subscribed before me this 8 day of March, 1967. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 9, 1968. GORDON COUNTY DEVELOPMENT AUTHORITY. No. 1081 (House Bill No. 844). An Act to provide for the Gordon County Development Authority, to provide for the members of the Authority, their terms and method of appointment; to provide for the purposes, duties, powers and responsibilities of the Authority; 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. Pursuant to the provisions of Article V, Section IX, Paragraph I of the Constitution, the Gordon County Development Authority is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in assisting, promoting, establishing and developing industries, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Gordon County. Said purposes are hereby
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found, determined and declared to be for the benefit of the citizens and residents of said County and to be an essential governmental function in relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources, and otherwise promoting the general welfare. Bonds. Section 2. The Gordon County Development Authority shall be deemed to be a creature of the State of Georgia, an instrumentality of the County of Gordon, and a public corporation. The said Authority is for the purpose of assisting, promoting, establishing and developing new industry, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Gordon County, Georgia, both within and without the limits of municipalities therein, for the public good and general welfare of said County and its citizens. The scope and jurisdiction of the Authority is restricted to the territorial limits of Gordon County, Georgia. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies. Purpose, etc. Section 3. In carrying out the forgoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Gordon is by law authorized to undertake. Authority. Section 4. The Authority shall consist of five (5) members, one of whom shall be the Mayor of the City of Calhoun; one of whom shall be the Commissioner of Roads and Revenues of Gordon County; one of whom shall be elected by the Board of Directors of the Chamber of Commerce of Gordon County, or its successor; and two of whom shall be appointed by the other three (3) members first above mentioned. Members, etc. (a) The terms of office of the members who are Mayor and Commissioner shall run concurrently with their respective tenures of such offices in said bodies, and their respective
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successors in such offices shall succeed them as members of said Authority. (b) The two (2) members initially appointed by the other three (3) members first mentioned shall be appointed for terms expiring December 31, 1968 and December 31, 1969, respectively, and thereafter their respective successors shall be appointed for terms of two years. The member appointed by the Chamber shall serve for a term of four years expiring on the 31st day of December of the last year of his term of office. In the event of the death or resignation of either one of said appointed members, his successor shall be appointed by the remaining members for the balance of the unexpired term. No vacancy shall impair the power of the Authority to act. (c) Prior to taking office the members shall subscribe to the following oath, to wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Gordon County Development Authority, So Help Me God. (d) The members of the said Authority shall be entitled to no compensation. Section 5. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the centext: (a) The word Authority shall mean the Gordon County Development Authority, created hereby. Definitions. (b) The word project shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Gordon County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants and/or articles of equipment for the purpose of using, selling, donating, leasing
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and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations and/or associations for such purposes. (c) The term cost of project shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof. Section 6. Any three members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three affirmative votes. Quorum. Section 7. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes: (a) To have a corporate seal and alter the same at pleasure. Powers. (b) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instrumentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, corporations, and associations. (c) To receive and administer gifts, grants and donations and to administer trusts. (d) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor
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or lessee, mortgage, pledge, convey to secure debt, and/or otherwise encumber and/or dispose of land, buildings, equipment, furnishings and/or property of all kinds, real and/or personal, within Gordon County, Georgia, and to make a contract or contracts and/or to execute any instrument or document for the accomplishment thereof, or other purposes. (e) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority. (f) To enter into any contract or contracts for any period of time not execeeding fifty (50) years. (g) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (h) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, develop, improve, donate, sell, lease as lessor or lessee, equip, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Gordon County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. Any exemption from taxation herein provided shall not include exemption from sales and use taxes. (i) 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. (j) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust
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deeds and/or other such instruments as may be necessary or convenient to evidence and secure such borrowing. (k) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging and/or assigning any or all of its funds, income and/or property; and to exercise all of the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise and/or be subject to under the provisions of the Revenue Bond Law (Chapter 87-8 of the Code of Georgia), as the same now is, or hereafter may be, amended. The rights, powers and privileges of the Authority are not limited to those of such a municipality, however. (l) To use public funds appropriated to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority. (m) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions. (n) 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. (o) To adopt, alter, amend and/or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed as the Authority may deem necessary or expedient in facilitating its business.
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(p) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority. Section 8. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Gordon County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. L. 1937, pp. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings to validate such bonds, the Gordon County Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or it filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Bonds. Section 9. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds. Funds.
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Section 10. The Authority shall not be authorized to create in any manner any debt, liability or obligation, against the State of Georgia, Gordon County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof. Debts. Section 11. 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 Gordon and/or any incorporated city or town in said County, the governing authorities of the County of Gordon and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county and/or municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Property. Section 12. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Gordon 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 13. 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 commissioner of roads and revenues of said county, and shall be available for public inspection. Audits. Section 14. 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.
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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 regular 1968 Session of the General Assembly of Georgia, a bill to implement an amendment to the Constitution relating to the creation of the Gordon County Development Authority; to provide the procedure connected therewith; and for other purposes. This 5th day of December, 1967. Tom L. Shanahan Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of notice of intention to introduce local legislation was published in The Calhoun Times which is the official organ of Gordon County, on the following dates: December 6, 13, 20, 1967. s/ Tom L. Shanahan Representative, 8th District Sworn to and subscribed before me, this 8th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968.
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CITY OF FOLKSTONCITY MANAGER. No. 1086 (House Bill No. 1112). An Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, State of Georgia, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended by an Act approved August 26, 1931 (Ga. L. 1931, p. 781), an Act approved February 14, 1950 (Ga. L. 1950, p. 2373), an Act approved January 31, 1951 (Ga. L. 1951, p. 2046), an Act approved January 31, 1951 (Ga. L. 1951, p. 2054), an Act approved February 20, 1951 (Ga. L. 1951, p. 2688), an Act approved March 28, 1961 (Ga. L. 1961, p. 2539) and an Act approved February 28, 1966 (Ga. L. 1966, p. 2530), so as to authorize the mayor and council to appoint by resolution a city manager; to determine the term of employment; to fix the monthly salary; to outline and define the duties of such office; to provide that the city manager shall be ineligible to hold any other elective or appointive public office or to receive a salary or expenses therefrom; 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 Folkston in the County of Charlton, State of Georgia, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended by an Act approved August 26, 1931 (Ga. L. 1931, p. 781), an Act approved February 14, 1950 (Ga. L. 1950, p. 2373), an Act approved January 31, 1951 (Ga. L. 1951, p. 2046), an Act approved January 31, 1951 (Ga. L. 1951, p. 2054), an Act approved February 20, 1951 (Ga. L. 1951, p. 2688), an Act approved March 28, 1961 (Ga. L. 1961, p. 2539) and an Act approved February 28, 1966 (Ga. L. 1966, p. 2530), is hereby amended by adding between section 1 and section 2 a new Section to be known as section 1A to read as follows: Section 1A. That the mayor and council of the City of Folkston, Georgia, are hereby authorized and empowered to appoint by resolution a city manager. The mayor and council
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are further hereby authorized and empowered to determine the term of employment of such city manager, to determine, fix and set the compensation and to define and outline the duties and responsibilities of such city manager. The city manager shall be ineligible to hold any other elective or appointive public office or to receive a salary or expenses from any other political sub-division or public corporation. 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 on January 8, 1968 a bill to authorize and empower the City of Folkston to appoint by resolution a city manager; to determine the term of employment, compensation, duties and responsibilities of such city manager; to repeal conflicting laws; and for other purposes. The above local legislation will be introduced pursuant to request for same contained in a resolution duly passed and adopted by the mayor and council of the City of Folkston which is on file and of record. This 28th day of December, 1968. Robert W. Harrison, Jr. State Representative 98th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of notice of intention to introduce local legislation was published in the Charlton County Herald which is the official
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organ of Charlton County, on the following dates: January 4, 11, 18, 1968. /s/ Robert W. Harrison, Jr. Representative, 98th District Sworn to and subscribed before me, this 24th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968. CITY OF DORAVILLECHARTER AMENDED. No. 1087 (House Bill No. 1173). An Act to amend an Act entitled An Act to amend an Act to incorporate Doraville, in the County of DeKalb, and to appoint commissioners for the same and for other purposes therein mentioned, approved December 15, 1871 (Ga. L. 1871-72, p. 104), and all Acts amendatory thereof, and for other purposes., approved February 7, 1949 (Ga. L. 1949, p. 738), as amended by an Act approved February 8, 1955 (Ga. L. 1955, p. 2221), and an Act approved March 21, 1958 (Ga. L. 1958, p. 3058), so as to provide that the chairman of the city commission shall also be known as the mayor of the city; to change the compensation of the chairman and members of the city commission; to authorize the city commission to establish a qualification fee for candidates in city elections; to provide for the punishment of persons convicted of illegal voting, to provide that the vice-chairman shall be known as the vice-mayor; to change the method of filling vacancies in the office of the chairman and members of the city commission; to provide for a presiding officer of the police court, his qualifications and compensation; to
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change the maximum penalties which may be imposed for violations of the city charter and ordinances; to increase the maximum penalty which may be imposed for contempt; to increase the maximum millage for ad valorem taxation; to authorize the city commissioners to fix the sanitary tax; to authorize the city commission to set the maximum license fee for the sale of certain alcoholic beverages; to authorize the city commission to prohibit, regulate and license the operation of certain businesses and activities; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend `An Act to incorporate Doraville, in the County of DeKalb, and to appoint commissioners for the same and for other purposes therein mentioned', approved December 15, 1871 (Ga. L. 1871-72, p. 104), and all Acts amendatory thereof, and for other purposes., approved February 7, 1949 (Ga. L. 1949, p. 738), as amended, by an Act approved February 8, 1955 (Ga. L. 1955, p. 2221), and an Act approved March 21, 1958 (Ga. L. 1958, p. 3058), is hereby amended by adding at the end of section 4 the following: The chairman of the city commission shall also be known as the mayor of the City of Doraville and the term `chairman' and `mayor' shall be synonymous., so that when so amended section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that there shall be held on the first Wednesday in December in each year an election to elect commissioners and the chairman of the city commission for such offices as shall expire on the first Monday in January next succeeding. All commissioners and the mayor who may be elected hereunder shall hold office for a period of two years and until their successors are elected and qualified. The chairman of the city commission shall also be known as the mayor of the City of Doraville and the term `chairman' and `mayor' shall be synonymous. Mayor.
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Section 2. Said Act is further amended by striking from section 6 the symbol and figures twenty-five ($25.00) and substituting in lieu thereof the following: two hundred ($200.00), and by striking the following: seventy-five ($75.00), and substituting in lieu thereof the following: three hundred and fifty ($350.00), so that when so amended section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that on the first Monday in January of each year, the officers of said city newly elected, shall be installed and the city commission shall hold its first meeting of the year. Members of the city commission shall be paid such compensation for their services as may be fixed by said city commission not to exceed two hundred ($200.00) dollars per month. The chairman of the city commission shall be paid such compensation for his services as may be fixed by the city commission not to exceed the sum of three hundred and fifty ($350.00) dollars per month. Salaries. Section 3. Said Act is further amended by adding at the end of section 7 the following: The city commission by majority vote shall fix a qualification fee, not to exceed the sum of $25.00 per office, which shall be paid to the clerk of said city by candidates at the time of their qualification; and such qualification fee shall not be refundable unless by the unanimous vote of the city commission; provided, further, that no candidate may have his qualification fee returned if he withdraws to enter another City of Doraville race in the said forthcoming election., so that when so amended section 7 shall read as follows: Section 7. Be it further enacted by the authority aforesaid, that all candidates in elections held by the City of Doraville shall file with the clerk of said city at least thirty (30) days prior to said election, a written and signed notice of his intention to offer for a named office. The city clerk shall keep a record of such qualifications, and no person shall be a candidate for any office who does not qualify according
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to the requirements of this charter. Said clerk shall have ballots prepared under the direction of the city commission and no other ballot shall be legal or used. The city commission by majority vote shall fix a qualification fee, not to exceed the sum of $25.00 per office, which shall be paid to the clerk of said city by candidates at the time of their qualification; and such qualification fee shall not be refundable unless by the unanimous vote of the city commission; provided, further, that no candidate may have his qualification fee returned if he withdraws to enter another City of Doraville race in the said forthcoming election. Qualifying fee. Section 4. Said Act is further amended by striking in its entirety section 15 and substituting in lieu thereof a new section 15 to read as follows: Section 15. Any person voting in any city election who is not qualified to vote according to the provisions of this charter shall be guilty of violating this charter and shall upon conviction be punished in accordance with the provisions of section 33 of this charter. Illegal voting. Section 5. Said Act is further amended by adding at the end of section 21 the following: The vice-chairman shall also be known as the vice-mayor and wherever either of the terms appear they shall be synonymous., so that when so amended section 21 shall read as follows: Section 21. Be it further enacted by the authority aforesaid, that at the first meeting of the city commission of the City of Doraville held on the first meeting in January of each year, said city commissioners shall elect one of their number as vice-chairman to serve for a term of one year. The vice-chairman shall also be known as the vice-mayor and wherever either of the terms appear they shall be synonymous. Vice-mayor. Section 6. Said Act is further amended by striking in its entirety section 27 and substituting in lieu thereof a new section 27 to read as follows:
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Section 27. In the event a vacancy occurs in the office of mayor or chairman of the city commission by death, resignation, removal from the city or other cause, said vacancy shall be filled by the remaining commissioners who shall elect a member of the board of commissioners to serve out the unexpired term of the mayor or chairman of the city commission. In the event of a vacancy in the office of city commissioner caused by death, resignation, removal from the city, assumption of the duties of mayor or chairman of the board of commissioners or other cause, the city commission shall by majority vote elect a citizen of Doraville who is eligible to the office under the terms of this charter to fill said vacancy or vacancies. Vacancies. Section 7. Said Act is further amended by striking in it entirety section 32 and substituting in lieu thereof a new section 32 to read as follows: Section 32. It shall be optional with the city commission whether they shall have the chairman of the city commission as presiding officer of the police court or whether they elect a recorder and make him presiding officer of said court. Should a recorder be so elected, he shall be a duly licensed attorney and member of the State Bar of Georgia, he shall serve at the pleasure of the city commission and his compensation shall be fixed by them. The city attorney may also serve as the city recorder. Section 8. Said Act is further amended by striking from section 33 the following: one hundred ($100.00) and twenty-five ($25.00), and substituting in lieu thereof the following: five hundred ($500.00) and one hundred ($100.00), respectively, so that when so amended section 33 shall read as follows: Section 33. Be it further enacted by the authority aforesaid, that the presiding officer of the police court shall have jurisdiction to try all offenses against the laws and ordinances of the City of Doraville and to punish violators of the same. Said court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance;
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and also to punish for contempts. The presiding officer of said Police Court shall have power and authority to impose fines for the violations of any law or ordinance of the City of Doraville passed in accordance with its charter, to an amount not to exceed five hundred ($500.00) dollars, or to imprison offenders in the city jail or DeKalb County jail for a period of not more than thirty (30) days, or to sentence offenders to labor on the streets or other public works of the City of Doraville for not more than thirty (30) days. Said presiding officer shall have the power and authority to impose any one or more of these punishments, when in the opinion of the court the facts justify it. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and to punish for contempt, provided such punishment for contempt shall not exceed a fine of one hundred ($100.00) dollars or imprisonment in jail for not more than ten (10) days, either one or both. Police court. Section 9. Said Act is further amended by striking from section 40 the following: three (3) and substituting in lieu thereof eight (8), so that when so amended section 40 shall read as follows: Section 40. Be it further enacted by the authority aforesaid, that the City of Doraville shall have power and authority to impose, levy and collect taxes annually upon all property, real and personal, within its limits; or in case of personal property, the owner of which resides in said city, upon banking, insurance, and other capital employed therein, as may be deemed necessary by the city commission, for the support of the government of the city. Said ad valorem tax levy except such as may be made for bonded indebtedness shall not exceed eight (8) mills. Ad valorem tax. Section 10. Said Act is further amended by striking from section 67 the last sentence thereof, which reads as follows: Said tax shall not exceed the sum of three ($3.00) dollars for every unit used by one family as a residence and five
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($5.00) for each single unit used for business purposes., and substituting in lieu thereof the following: The tax rate shall be set by the city commissioners from time to time but shall not exceed the corresponding tax levied by the governing authority of DeKalb County., so that when so amended section 67 shall read as follows: Section 67. Be it further enacted that the City Commission shall have the authority to levy and collect a sanitary tax and to provide a method for the collection of the same. The tax rate shall be set by the city commissioners from time to time but shall not exceed the corresponding tax levied by the governing authority of DeKalb County. Sanitary tax. Section 11. Said Act is further amended by striking from section 68 the last sentence thereof, which reads as follows: Should the sale of any of said liquors be now or hereafter legal in the County of DeKalb, the City Commission of said city may, in its discretion provide for the sale of said liquors in said city and may prescribe the times, places and manner of selling the same and may fix a license tax for said sale at a sum not exceeding five hundred ($500.00) dollars per annum., and substituting in lieu thereof the following: Should the sale of any of said liquors be now or hereafter legal in the County of DeKalb, the City Commission of said city may, in its discretion provide for the sale of said liquors in said city and may prescribe the times, places and manner of selling the same and may fix a license tax for said sale at its discretion., Liquor taxes. so that when so amended section 68 shall read as follows: Section 68. Be it further enacted by the authority aforesaid, that the city commission of the City of Doraville shall have the power to prohibit the sale of beer, wine, whiskey or other intoxicating liquor in said city. Should the sale
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of any of said liquors be now or hereafter legal in the County of DeKalb, the city commission of said city may, in its discretion provide for the sale of said liquors in said city and may prescribe the times, places and manner of selling the same and may fix a license tax for said sale at its discretion. Section 12. Said Act is further amended by striking in its entirety section 69 and substituting in lieu thereof a new section 69 to read as follows: Section 69. The city commission of the City of Doraville shall have the power and authority to prohibit the operation within the limits of said city, any pool hall, billiard hall, mobile vendors, palmist, bowling allew, mobile home park, dance hall, or tourist camp. No person, firm or corporation shall have the right to operate any of the above listed businesses without first obtaining a permit from the city commission which shall have the right to grant or refuse same and the power is hereby conferred on the city commission to revoke any licenses granted such businesses whenever they deem it to be in the best interest of the City of Doraville, said Commission may fix the license fee to be paid by such businesses if granted at an amount not to exceed thirty-five hundred ($3,500.00) dollars per annum. Regulation of businesses. Section 13. 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 were 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 14. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Doraville will apply to the next session of the General Assembly of Georgia for passage of local legislation entitled an act to amend the city charter of Doraville as it appears in Georgia Laws 1949 pages 738 et. seq., 1955 pages 2221 et. seq., 1958 pages 3058 et. seq.; to provide for a redefinition of the corporate boundaries, refer to chairman of the city commission as mayor, change the compensation of the city commission and the chairman of the city commission, provide a qualification fee for candidates running for office not to exceed $100.00, provide punishment for voting illegally, provide for filling vacancy in the office of chairman of the city commission or mayor, provide qualifications for the presiding officer of police court or city recorder, change the maximum penalty for the violation of laws and ordinances and contempt, increase the authorized amount of ad valorem tax to a maximum of eight
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duly published once a week for 3 weeks as required by law, the dates of publication being January 4, January 11, and January 18, 1968. Britt Fayssoux Sworn to and subscribed before me, this 18th day of January, 1968. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Feb. 21, 1971. (Seal). Approved April 9, 1968. CITY OF CUMMINGSCHARTER AMENDED. No. 1088 (House Bill No. 1386). An Act to amend an Act creating a new charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3001), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2606), so as to change the corporate limits of the City of Cumming; to change the fixed time of council meetings; to change the hours of voting in said city; to authorize the City of Cumming to construct and maintain water lines and sell city water outside the corporate limits; to authorize the City of Cumming to adopt and enforce zoning regulations, subdivision regulations and building code regulations for one mile beyond the territorial limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3001), and an Act approved
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March 24, 1965 (Ga. L. 1965, p. 2606), is hereby amended by adding at the end of section 2 the following: In addition to the present corporate limits of the City of Cumming, the corporate limits of said city shall also embrace and include the following described property, to wit: Segment 1: All that tract or parcel of land lying and being in Forsyth County, Georgia, and is more fully described as follows: Beginning at the southwest corner of land lot 1051 and running thence north 0 degrees 6 minutes east 469.5 feet; thence north 0 degrees 27 minutes east 618 feet to a point in the center of a branch known as Kennemore Branch; thence in an easterly direction along and with the meandering course of the center line of Kennemore Branch a distance of 1150 feet, more or less, to a point where the center of Kennemore Branch intersects the center of Dobbs Creek; thence southeasterly along and with the center of Dobbs Creek a distance of 150 feet, more or less, to where the center of Dobbs Creek intersects the center of U. S. Highway 19; thence in a southwesterly direction along and with the center of U. S. Highway 19 a distance of 1698 feet to a point in land lot 1110; thence north 54 degrees west 320 feet; thence north 22 degrees 30 minutes east 240 feet; thence north 55 degrees west 254 feet to the northwest corner of land lot 1110, the same being the southwest corner of land lot 1051, which is the point of beginning. Said property lies in the third district and first section, and being part of land lots nos. 1051 and 1110, Forsyth County, Georgia. Segment 2: All that tract or parcel of land lying and being in Forsyth County, Georgia, and lying contiguous to existing corporate limits of the City of Cumming, and is more fully described as follows: Beginning at a point where the center of State Highway No. 306 intersects the center of Bettis Gap Road, and running thence northeasterly along the center of Bettis Gap Road a distance of 1058 feet to a point; thence north 89 degrees 30 minutes east 862.5 feet to a point; thence south 8 degrees 15 minutes west 951 feet; thence north 81 degrees east 200 feet; thence
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due south 210 feet to a point in center of said Highway 306; thence westerly along the center line of said highway a distance of 670 feet to the intersection of Highway 306 and Bettis Gap Road, which is the point of beginning. Said Segments 1 and 2 are more fully shown on plats prepared by Cecil S. Mize, Forsyth County Surveyor, dated February 28, 1967, which plats are made a part of this description by reference. The property being so annexed is described as follows: Segment A: All that tract or parcel of land lying and being in Forsyth County, Georgia, and lying contiguous to existing corporate limits of the City of Cumming, Georgia, and is more fully described as follows: Beginning where the center of Lanier Road, also known as Buford Dam Road intersects the center of Sanders Road and running thence northerly along the center of Sanders Road a distance of 3600 feet, more or less, to a point where the center of Sanders Road, when extended would intersect the northerly margin of Mary Alice Park Road, also known as the New Corinth Church Road; thence due north 300 feet; thence north 76 degrees 15 minutes west 1270 feet to a point which is existing corporate limits of the City of Cumming; thence in a southwesterly direction along and with said corporate limits a distance of 2700 feet, more or less, to a point in center of Lanier (Buford Dam) Road; thence southeasterly and easterly along and with the center of said road 4400 feet, more or less, to the point where the center of Lanier Road intersects Sanders Road, which is the point of beginning. Segment A is more fully shown on plat prepared by Cecil S. Mize, Forsyth County Surveyor, dated June 1, 1966, to which plat reference is made for a more complete description of said property. Segment B: All that tract or parcel of land lying and being in Forsyth County, Georgia and lying contiguous to the existing corporate limits of the City of Cumming, and is more fully described as follows: Beginning at a point
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where the center of Tribble Gap Road, also known as Tribble Street intersects the center of Sawnee Drive, which is Georgia Highway No. 306, and running thence easterly along the center of Sawnee Drive a distance of 670 feet to corner; thence due north 210 feet; thence south 81 degrees east 200 feet; thence north 8 degrees 15 minutes east 951 feet; thence north 89 degrees 15 minutes east 770 feet; thence south 55 degrees east 254 feet; thence south 22 degrees 30 minutes west 240 feet; thence south 54 degrees east 320 feet to a point in center of U. S. Highway 19; thence northerly along the center of said U. S. Highway 19 a distance of 1700 feet, more or less, to a point where the center of U. S. Highway 19 intersects the center of Pilgrim Mill Creek, also known as Dobbs Creek; thence southeasterly and easterly along and with the center of Pilgrim Mill Creek a distance of 2850 feet, more or less, to the north original line of land lot 1113; thence east along the north original line of land lot 1113 and continuing along the north original line of land lot 1114 a distance of 1700 feet, more or less, to a point where the center of Pilgrim Mill Road intersects the north original line of land lot 1114; thence southwesterly along the center of Pilgrim Mill Road 3200 feet to a point thereon; thence south 10 degrees west 4700 feet, more or less, to a point where existing corporate limits intersects the center of Pirkle Ferry Road; thence in a northwesterly direction along and with the existing corporate limits line a distance of 6700 feet, more or less, to a point where existing corporate limits line intersects the center of Tribble Gap Road; thence North along the center of Tribble Gap Road 900 feet, more or less, to a point where the center of Tribble Gap Road intersects the center of Sawnee Drive, which is the point of beginning. Segment B is more fully shown on plat prepared by Cecil S. Mize, Forsyth County Surveyor, dated June 1, 1966, to which plat reference is made for a more complete discription of said property. Less and except from segment B, the following described property: All that tract or parcel of land known as Dobbs Estate, bounded on the north by Pilgrim Mill Creek; on the east by an old abandoned road; on the south by Pirklewood
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Circle Road; on the west by U. S. Highway 19, and is more fully shown on the above mentioned plat. Less and except from segment B: All that tract or parcel of land lying and being in the third district and first section and described as being all of subdivision lot no. 12 of the Pirklewood subdivision, as shown on plat recorded in plat book 2, page 38, clerk's office, Forsyth Superior Court, which recorded plat is made a part hereof for a better description of said excepted tract. Said Subdivision lot no. 12 being presently owned by Walter H. Rucker. Less and except from segment B: All that tract or parcel of land lying and being in the third district and first section of said county and being parts of land lots 1109 and 1124 and all of land lot 1123 and is more fully described in a deed from John A. Kelly to F. G. Merritt, recorded in deed book 3, page 197, clerk's office, Forsyth Superior Court. Said deed is made a part of this description by reference. Section 2. Said Act is further amended by striking section 10 in its entirely and inserting in lieu thereof a new section 10 to read as follows: Section 10. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The meetings of the council shall be held at the council chamber at which time all regular business concerning the welfare of said city shall be transacted. The council shall meet in special session on written call of the mayor or any two councilmen and served on the other members personally or left at their residence at least 12 hours in advance of the meeting, but such notice of 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. Meeting of council.
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Section 3. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. All elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of the City of Cumming shall be managed by a justice of the peace or some other judicial officer and two freeholders who are citizens of said city and own real estate therein, or by any three freeholders designated by the mayor or city council; all of said freeholders shall be citizens of said city and own real estate therein; and said managers, before entering upon their duties, shall take and subscribe, before some officer qualified to administer oaths, the following oath, to wit: We do swear that we will faithfully and impartially conduct this election according to law, and will prevent illegal voting to the best of our skill and knowledge, and will make true returns thereof; so help me God. Said managers shall keep, or cause to be kept two lists of voters at said elections, and two tally-sheets. All elections shall be held at the city council chamber in said city, and the voting shall be by ballot. The polls shall be opened at 7:00 o'clock A.M., and be closed at 7:00 o'clock P.M. The persons receiving the highest number of legal votes for the respective office shall be declared elected. All elections held under the provisions of this charter shall be under the forms, rules, and regulations prescribed by law for the election of members of the General Assembly of said State, in so far as they are applicable to such elections and do not conflict with the rules and provisions herein prescribed. Elections, etc. Section 4. Said Act is further amended by adding immediately after section 57 a new section to be designated as section 57A to read as follows: Section 57A: The governing authority of the City of Cumming shall have the power and authority to expend city funds to construct and maintain water lines and to sell city water outside the corporate limits of said city. Water system.
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Section 5. Said Act is further amended by adding immediately after section 57A a new section to be designated section 57B to read as follows: Section 57B. The governing authority of the City of Cumming is hereby authorized to adopt and enforce reasonable zoning regulations, subdivision regulations and building code regulations for one mile beyond the corporate limits of the city. Zoning. 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 in the 1968 session of the General Assembly of Georgia Legislation to amend the City of Cumming Charter, 1935, 1001, as amended to provide for changing the hours of voting, to change the fixed time of council meetings, to annex additional property into the city limits of Cumming, and for other purposes. This the 22nd day of January 1968. James A. Otwell, Jr. Representative 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James A. Otwell, Jr. who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in The Forsyth County News which is the official organ of Forsyth County, on the following dates: January 25, February 1, 8, 1968. James A. Otwell, Jr. Representative 10th District
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Sworn to and subscribed before me this 12 day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 8, 1968. (Seal). Approved April 9, 1968. CITY OF ALBANYCHARTER AMENDED. No. 1089 (House Bill No. 1388). An Act to amend an Act creating a new charter for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended from time to time, so as to authorize the city commissioners to excuse absences of commissioners from meetings under certain conditions; to provide that the employment of a city physician shall be discretionary with the city commission rather than mandatory; 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 a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended from time to time, is hereby amended in the following respects: (a) By striking from section 3 subparagraph (h) in its entirety and inserting in lieu thereof a new subparagraph (h) which shall read as follows: (h) Special meetings; meetings to be public; absence of members . The mayor or any member of the commission, or the city manager may call a special meeting of the commission at any time upon twelve (12) hours written notice
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of the call to each member, such notice to be served in person or left at the member's residence or place of business, or a special meeting may be had at any time provided all the members attend or answer the roll call. All meetings of the board of city commissioners shall be public and any citizen may have access to the minutes of the board and other municipal records at all reasonable times. For each unexcused absence of a commissioner from the regular meeting of the commission there shall be deducted from the pay of such commissioner a sum equal to 2 per cent of the annual salary of the commissioner. The city commission shall have the power, in its discretion, upon motion passed by a majority of those present and voting, to excuse absences of commissioners from regular meetings of the commission on account of illness or absence from the city on city business, and in addition shall have the power, in its discretion, upon motion passed by a majority of those present and voting, to excuse one additional absence each year without cause. Absence from five consecutive regular meetings whether excused or unexcused shall operate to vacate the office of a commissioner unless said cumulative absence is excused by the commission by resolution setting forth the reason therefor and entered upon the minutes of the board. (b) By striking from section 3 subparagraph (i) in its entirety, and inserting in lieu thereof a new subparagraph (i) which shall read as follows: (i) Election of officers; terms; rights reserved; acceptance of gifts, etc . The board of city commissioners shall on the second Monday in January of every other year, beginning January, 1960, elect a city manager, a city attorney and a city clerk and treasurer (the duties of which two offices shall be performed by one person), and at the pleasure of the board, may elect a city physician and a police court recorder. All other officers and employees of city, except those specifically excluded in section 1 hereof, shall be appointed by the city manager, and shall not be elected or employed for any specific term, but shall be retained so long as the duties of the job are performed with efficiency, or until discharged as hereinafter provided. Provided, however, that the respective chiefs and other
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personnel of the police and fire departments employed by the city manager shall be subject to discharge by him during a probationary period of six months from date of appointment, subject to the approval of the board of city commissioners, with or without cause and without notice or hearing. All such officers and employees of the police and fire departments, who have served the requisite probationary period shall be subject to removal only for cause, and after 24 hours written notice setting forth substantially the cause of complaint. Any person dismissed shall have the right to appeal to the board of city commissioners by filing a written request for a hearing with the city clerk, within 24 hours after service of the written notice hereinabove provided for. Thereafter, within 48 hours of the filing of a request for hearing such employee shall be given written notice of the time and place of hearing. Thereafter the board of city commissioners shall conduct a hearing of such charges, with the right of the employee to be present and to be represented by counsel. If found guilty of the charges contained in the notice of dismissal by a majority vote of the total membership of the board of city commissioners, such employee may be discharged, suspended without further pay or reinstated. Any officer or employee may fail or refuse to demand such hearing and if such hearing is not demanded within the time hereinabove provided same shall be waived. Any officer or employee shall have the right to resign and resignations may be accepted by the city manager. The right of certiorari from the decision of the board of city commissioners shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. 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 for passage at the ensuing 1968 term of the General Assembly of Georgia a bill to amend the charter of the City of Albany, Georgia, to authorize the board of city commissioners of the City of Albany, Georgia to excuse absences
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of commissioners under certains circumstances, to provide for the extension of the terms of office of the mayor, mayor pro tem, and commissioners from two years to three years, and to provide that employment of a city physician shall be discretionary rather than mandatory. This 29 day of December, 1967. James V. Davis Mayor, City of Albany, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 79th District, 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 Dougherty County, on the following dates: January 1, 8, and 15, 1968. Colquitt H. Odom Representative, 79 District Sworn to and subscribed before me, this 9 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1970. (Seal). Approved April 9, 1968.
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CITY OF JESUPCHARTER AMENDED. No. 1090 (House Bill No. 1390). An Act to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 2508), and an Act approved March 7, 1955 (Ga. L. 1955, p. 2858), so as to provide for the election of the mayor-commissioner by the qualified voters of said city; to provide for the term of office of the mayor-commissioner; to reduce the board of commissioners; to change the term of office of the members of the board of commissioners; to provide for filling vacancies; to change the voting hours in city elections; to change the method of voter registration in said city; to provide for all matters relative to the foregoing; 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 Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 2508), and an Act approved March 7, 1955 (Ga. L. 1955, p. 2858), is hereby amended by striking section 2 of the amendatory Act approved March 7, 1955, in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The governing authority of the City of Jesup shall consist of a board of commissioners composed of a mayor - commissioner (hereinafter referred to as the `mayor') and four members. The board of commissioners of the City of Jesup are hereby given all rights, powers and authority heretofore vested in the mayor and councilmen of said city except as otherwise provided herein, and except such rights, powers and authority hereby created and established. Governing authority.
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Section 2. Said Act is further amended by striking section 3 of the amendatory Act approved March 7, 1955, in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. No person shall be eligible to hold the office of mayor or commissioner of the City of Jesup unless he or she shall have attained the age of twenty-five years and has been a bona fide resident of the city for at least twelve months prior to his or her election and is a registered voter in the City of Jesup. Qualifications. Section 3. Said Act is further amended by striking section 4 of the amendatory Act, approved March 7, 1955, in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The board of commissioners shall be elected by the registered qualified voters of the City of Jesup. An election shall be held on the first Thursday in December, 1968, to elect a mayor as the successor to the two members of the board of commissioners whose terms of office expire January 1, 1969. The mayor shall serve for a term of office of two years and until his successor is duly elected and qualified. An election shall be held on the first Thursday in December 1969 to elect successors for the members of the board of commissioners whose terms of office expire January 1, 1970. The two members of the board of commissioners elected in 1969 shall each serve for terms of office of one year. On the first Thursday in December 1970 and biennially thereafter, there shall be an election for the mayor and four members of the board of commissioners who shall hold office for terms of two years each and until their successors are duly elected and qualified. Elections. Section 4. Said Act is further amended by adding between section 4 and section 5 of the amendatory Act approved March 7, 1955 a new section to be designated Section 4A to read as follows: Section 4A. All vacancies in the membership of the board of commissioners occurring within one year or less
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of the expiration of such term of office shall be filled by appointment of the remaining members of the board. All vacancies occurring in the membership of the board more than one year prior to the expiration of the term of office shall be filled by a special election called in the same manner as provided to fill vacancies in other county offices. The person so appointed or elected shall be commissioned and shall hold office until the expiration of said unexpired term and until his successor is elected and qualified. Vacancies. Section 5. Said Act is further amended by striking section 6 of the amendatory Act approved March 7, 1955, in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. Before assuming the duties of their office, the mayor and said commissioners shall take and subscribe the following oath: `I do solemly swear (or affirm) that I will faithfully and impartially demean myself and perform my duties as (Mayor or as a member of the Board of Commissioners) of the City of Jesup during my continuance in office, and in all things pertaining to my office. So help me, God.' Oath. Section 6. Said Act is further amended by striking section 7 of the amendatory Act approved March 7, 1955, in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. It shall be the duty of the mayor to preside at meetings of the board of commissioners, and he shall be recognized as head of the city government for all ceremonial purposes and by the Governor for purposes of military law, but shall have no regular administrative duties. He shall not have the right of veto and shall have the right to vote upon all questions coming before the board of commissioners. In the event of the absence, disqualification or disability of the mayor, the members of the board of commissioners shall appoint and designate some member of their body to act as temporary mayor and such appointee
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shall have all of the duties and authority of the mayor while so acting. Mayor. Section 7. Said Act is further amended by adding between section 29 and section 30 a new Section to be designated as section 29A to read as follows: Section 29A. Notwithstanding any other provisions of this charter to the contrary, the governing authority of the City of Jesup is hereby authorized to arrange for the registration of municipal electors by adopting a resolution, or other appropriate measure, providing for the registration of residents of the city by the board of registrars of Wayne County. Upon request, and upon a basis to be agreed upon by the governing authority of Wayne County and the governing authority of the City of Jesup, the board of registrars of Wayne County shall deliver a copy of the electors list to be used in each municipal primary or election to the designee of the governing authority of the City of Jesup at least fourteen (14) days prior to each such primary or election for the purpose of permitting him to check the accuracy of the list and to challenge the disqualified. Voter registration. Section 8. Said Act is further amended by striking from section 33 the word, six, and inserting in lieu thereof the word, seven, so that section 33 when so amended shall read as follows: Section 33. Be it further enacted, that all elections held under the provisions of this Act shall be held under the same rules, regulations and procedures as elections are held in the County of Wayne for members of the general assembly; provided that all such elections shall be held at the city hall in said city and that the polls shall open at seven o'clock, A.M. and close at seven o'clock P.M. according to the time prevailing in said city at such elections. Elections.
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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 ballots without annoyance from or by any person in or near any voting place. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act incorporating and creating a new charter for the City of Jesup, in Wayne County, Georgia, approved December 15, 1937, (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to provide for the election of the mayor by the qualified electors of said city; to reduce the number of commissioners from six to five; to provide for term of office of the mayor; to change the terms of office of the commissioners from three years to two years; to change the terms of office of the commissioners from staggered terms to concurrent terms; to change the voting hours in city elections; to change the method of voter registration in said city; to provide for all matters relative to the foregoing; and for other purposes. This 15 day of January, 1968. Dr. McKee Hargrett Representative, 77th District Roscoe E. Dean, Jr. Senator, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McKee Hargrett who, on oath, deposes and says that he is Representative from the 77th District, and that attached copy of notice of intention to introduce local legislation was published in the Wayne County Press which is the official organ of Wayne
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County, on the following dates: January 18, 25 and February 1, 8, 1968. McKee Hargrett Representative, 77th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 9, 1968. WAYNE COUNTY BOARD OF EDUCATIONREFERENDUM. No. 1091 (House Bill No. 1391). An Act to change the method of electing members of the board of education of Wayne County; to provide for concurrent terms; to provide for county wide elections; to change the method of filling vacancies; 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 board of education of Wayne County shall be composed of 6 members who shall be elected by the voters of the entire county as hereinafter provided. At the general election in 1968, successors to the members representing education districts numbers 3 and 4 shall be elected for terms of office of 4 years each and until their successors are duly elected and qualified. At the general election in 1970, successors to the members representing education district number 5 and the county at large position shall be elected for terms of office of two years each and until their
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successors are duly elected and qualified. At the general election in 1972, successors to members representing education districts numbers 1, 2, 3, 4, and 5 and the county at large position shall be elected for terms of office of 4 years each, and they shall serve until their successors are duly elected and qualified. All members elected in subsequent elections after the general election in 1972, other than elections to fill vacancies in unexpired terms, shall serve for terms of office of 4 years each and until their respective successors are duly elected and qualified. The members of the board represent Education Districts Nos. 1 through 5 shall be a resident of the education district from which they offer as a candidate but the member representing the county at large may reside anywhere within the County of Wayne. Members, elections, etc. Section 2. All vacancies in the membership of the board of education of Wayne County occurring within one year or less of the expiration of such term of office shall be filled by appointment of the remaining members of the board. All education vacancies occurring in the membership of the board more than one year prior to the expiration of the term of office shall be filled by a special election called in the same manner as provided to fill vacancies in other county offices. The person so appointed or elected shall be commissioned and shall hold office until the expiration of said unexpired term and until his successor is elected and qualified. Vacancies. 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 Wayne County to issue the call for an election for the purpose of submitting his Act to the voters of Wayne County for approval or rejection. The ordinary shall set the date of such election for the second Wednesday in September 1968. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Wayne County. The ballot shall have written or printed thereon the words: For approval of the Act to provide that all members of the Board of Education of Wayne County shall be elected
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at the same time; to provide for the election of all members of the Board by the qualified voters of the entire county; to provide that each member of the Board shall be a resident of the education district from which he offers as a candidate; and to provide that vacancies on the Board shall be filled by a special election if the unexpired term of office is longer than twelve months. Against approval of the Act to provide that all members of the Board of Education of Wayne County shall be elected at the same time; to provide for the election of all members of the Board by the qualified voters of the entire county; to provide that each member of the Board shall be a resident of the education district from which he offers as a candidate; and to provide that vacancies on the Board shall be filled by a special election if the unexpired term of office is longer than twelve months. 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 Wayne County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to change the terms of office of the members of the board of education of Wayne County from staggered
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terms to concurrent terms; to provide for county wide elections; to change the methods of filling vacanies; to provide for a referendum as required by Article VIII, Section V, Paragraph II of the Constitution of the State of Georgia; and for other purposes. This 15 day of January, 1968. Dr. McKee Hargrett Representative, 77th District Roscoe E. Dean, Jr. Senator, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McKee Hargrett who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of notice of intention to introduce local legislation was published in the Wayne County Press which is the official organ of Wayne County, on the following dates: January 18, 25 and February 1, 8, 1968. McKee Hargrett Representative, 77th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1970. (Seal). Approved April 9, 1968.
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JUVENILE COURT OF GLYNN COUNTYJUDGE'S SALARY. No. 1092 (House Bill No. 1398). An Act to amend an Act which increases the salary of the Judge of the Juvenile Court of Glynn County, Georgia, approved February 26, 1957 (Ga. L. 1957, p. 2224), as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2267), so as to change the salary of the judge of the Juvenile Court of Glynn County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which increases the salary of the judge of the Juvenile Court of Glynn County, Georgia, approved February 26, 1957 (Ga. L. 1957, p. 2224), as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2267), is hereby amended by striking from section 1 the words, symbols, and figures: six thousand dollars ($6,000.00), and inserting in lieu thereof the words, symbols, and figures: nine thousand ($9,000.00) dollars, so that section 1 when so amended shall read as follows: Section 1. The salary of the judge of the Juvenile Court of Glynn County, Georgia, shall be nine thousand ($9,000.00) dollars per year. 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 regular 1968 Session of the General Assembly of Georgia,
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a bill to amend an Act which increases the salary paid to the judge of the juvenile court of Glynn County, Georgia, approved February 26, 1957 (Ga. L. 1957, p. 2224), as amended, so as to change the compensation of the judge of the said court; and for other purposes. This 15th day of January 1968. Ronald F. Adams Senator, 5th District Reid W. Harris Representative, District 85Post 1 Richard M. Scarlett Representative, District 85Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Reid W. Harris who, on oath, deposes and says that he is Representative from the 85th District, 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 Glynn County, on the following dates: January 16, 23, 30, 1968. Reid W. Harris Representative, 85th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1968. (Seal). Approved April 9, 1968.
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HOUSTON COUNTYTAX COMMISSIONER'S BUDGET. No. 1093 (House Bill No. 1414). An Act to amend an Act entitled 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 salaries 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., approved March 10, 1964 (Ga. L. 1964, p. 2813), so as to change the provisions relative to arbitration of budgetary disputes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to place the tax commissioner of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salaries 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., approved March 10, 1964 (Ga. L. 1964, p. 2813), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4, to read as follows: Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of December after receiving the budget, the tax commissioner shall be authorized to appeal to an arbitration committee composed of the fall term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other
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matters included in said appeal. The determination made by said committee shall be final. Budget. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act placing the tax commissioner of Houston County on an annual salary in lieu of the fee system of compensation, and providing procedures for operating said office, approved March 10, 1964 (Ga. L. 1964, p. 2813), so as to provide for a change in the composition of the arbitration committee which is impaneled to hear budget and salary disputes; to repeal conflicting laws; and for other purposes. This 22nd day of Jan., 1968. D. C. Peterson, Representative, 59th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David C. Peterson who, on oath, deposes and says that he is Representative from the 59th District, 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 Houston County, on the following dates: January 18, 25, February 1, 1968. David C. Peterson Representative, 59th District
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Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 9, 1968. HOUSTON COUNTYBUDGET OF CLERK OF SUPERIOR COURT. No. 1094 (House Bill No. 1415). An Act to amend an Act entitled 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 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., approved March 10, 1964 (Ga. L. 1964, p. 2811), so as to change the provisions relative to arbitration of budgetary disputes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to place the clerk of the superior court of Houston County upon an annual salary in lieu of the fee system of compensation; 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., approved March 10, 1964 (Ga. L. 1964, p. 2811), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows:
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Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of December after receiving the budget, the clerk shall be authorized to appeal to an arbitration committee composed of the fall term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act placing the clerk of the superior court of Houston County on an annual salary in lieu of the fee system of compensation, approved March 10, 1964 (Ga. L. 1964, p. 2811), so as to provide for a change in the composition of the arbitration committee which is impaneled to hear budget and salary disputes; to repeal conflicting laws; and for other purposes. This 22nd day of Jan., 1968. D. C. Peterson Representative, 59th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David C. Peterson who, on oath, deposes and says that he is Representative from the 59th District, 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
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Houston County, on the following dates: January 18, 25, February 1, 1968. David C. Peterson Representative, 59th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 9, 1968. HOUSTON COUNTYSHERIFF'S BUDGET. No. 1095 (House Bill No. 1416). An Act to amend an Act entitled 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 budget; 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., approved March 10, 1964 (Ga. L. 1964, p. 2819), so as to change the provisions relative to arbitration of budgetary disputes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to place the 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
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arbitration concerning budget disputes; to provide for the disposition of fees; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 10, 1964 (Ga. L. 1964, p. 2819), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of December after receiving the budget, the sheriff shall be authorized to appeal to an arbitration committee composed of the fall term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Houston County on an annual salary in lieu of the fee system of compensation, approved March 10, 1964 (Ga. L. 1964, p. 2819), so as to provide for a change in the composition of the arbitration committee which is impaneled to hear budget and salary disputes; to repeal conflicting laws; and for other purposes. This 22nd day of Jan., 1968. D. C. Peterson Representative, 59th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David C. Peterson
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who, on oath, deposes and says that he is Representative from the 59th District, 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 Houston County, on the following dates: January 18, 25, 1968 and February 1, 1968. /s/ David C. Peterson Representative, 59th District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968. HOUSTON COUNTYBUDGET OF ORDINARY. No. 1096 (House Bill No. 1417). An Act to amend an Act entitled 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., approved March 10, 1964 (Ga. L. 1964, p. 2816), so as to change the provisions relative to arbitration of budgetary disputes; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. An Act entitled An Act to place the ordinary of Houston County upon an annual salary in lieu of the fee
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system of compensation; to provide the manner in which such salaries 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., approved March 10, 1964 (Ga. L. 1964, p. 2816), 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. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of December after receiving the budget, the ordinary shall be authorized to appeal to an arbitration committee composed of the fall term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act placing the ordinary of Houston County on an annual salary in lieu of the fee system of compensation, approved March 10, 1964 (Ga. L. 1964, p. 2816), so as to provide for a change in the composition of the arbitration committee which is impaneled to hear budget and salary disputes; to repeal conflicting laws; and for other purposes. This 22nd day of Jan., 1968. D. C. Peterson Representative, 59th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority,
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duly authorized to administer oaths, David C. Peterson who, on oath, deposes and says that he is Representative from the 59th District, 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 Houston County, on the following dates: January 18, 25, February 1, 1968. /s/ David C. Peterson Representative, 59th District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968. HENRY COUNTYELECTION OF BOARD OF COMMISSIONERS, REFERENDUM. No. 1097 (House Bill No. 1425). An Act to amend an Act creating the board of commissioners of roads and revenues for Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1060), an Act approved February 9, 1949 (Ga. L. 1949, p. 355), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2609), so as to provide for the election of commissioners by the qualified voters of the entire 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. An Act creating the board of commissioners of roads and revenues for Henry County, approved August
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8, 1921 (Ga. L. 1921, p. 490), as amended particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1060), an Act approved February 9, 1949 (Ga. L. 1949, p. 355), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2609), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. A board of commissioners of roads and revenues for Henry County, Georgia, is hereby created. Said board shall consist of five persons who shall reside in said county and in the commissioner district from which they are elected, respectively. Said commissioners shall be elected by the qualified voters of the entire county. Said commissioners shall serve a term of office of four years each and until their successors are elected and qualified. The compensation of the chairman of the board shall be $2,500.00 per annum payable monthly out of the general funds of Henry County. The compensation of the other members of the board shall be $1,500.00 per annum payable monthly out of the general fund of Henry County. Each political party holding a primary in Henry County for the purpose of nominating candidates for election as members of the board of commissioners of roads and revenues for Henry County shall provide for nomination of such candidates by the qualified voters of the entire county. Elections. 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 ordinary of Henry County to issue the call for an election for the purpose of submitting this Act to the voters of Henry County for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 not more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have written or printed thereon the words: For approval of this Act providing for the election of members of the Board of Commissioners of Roads and
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Revenues for Henry County by the voters of the entire county? Referendum. Against approval of this Act providing for the election of members of the Board of Commissioners of Roads and Revenues for Henry County 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 Henry 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues of Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, so as to provide for the election of commissioners by the qualified voters of the entire county; and for other purposes. This 15th day of January, 1968. Ray M. Tucker, Representative, 36th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of notice of intention to introduce local legislation was published in The Weekly-Advertiser which is the official organ of Henry County, on the following dates: January 18, 25 and February 1, 1968. /s/ Ray M. Tucker Representative, 36th District Sworn to and subscribed before me this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968. HENRY COUNTYBOARD OF COUNTY COMMISSIONERS. No. 1098 (House Bill No. 1426). An Act to create a Board of Commissioners of Roads and Revenues for Henry County; to provide for commissioner districts; to provide for the election of the members of the board by the voters of the entire county; to provide for the qualifications and terms of office of the members of the board; to provide for canvassing election returns; to provide for filling vacancies; to provide for a bond and oath of office; to provide for the compensation of the members of the board; to provide for chairman and vice-chairman; to provide for meetings; to provide for the powers and authority of the board; to provide for reports
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by county officers; to provide for appointments to offices and positions created by State statute; to provide for the keeping of records and minutes; to provide for budgets and appropriations; to provide for expenditures by allotments; to provide for audits; to provide for the county manager; to provide for the removal of the county manager; to provide for the qualifications of the county manager; to provide for an oath by the county manager; to provide for the duties of the county manager; to prohibit political activity by the county manager; to provide that the county manager shall devote his entire time to the duties of his office; to provide for revocation of any action by the county manager; to provide for additional duties for the county manager; to provide for the preparation of the county budget by the county manager; to provide that it shall be the duty of the county manager to investigate tax digests; to provide that all instructions to the county manager shall be entered on the minutes of the board; to provide for the compensation of the county manager; to provide for bond by the county manager; to prohibit agreements between or among candidates; to provide that officials shall not be interested in contracts; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Board of Commissioners created . There is hereby created in and for the County of Henry a Board of Commissioners of Roads and Revenues to be elected and organized as hereinafter set forth, which board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. The term board wherever employed herein, shall mean the Board of Commissioners of Roads and Revenues, including the chairman and all members. Section 2. (a) Commissioner Districts . The board established herein shall consist of five (5) members. All such members shall be elected by the qualified voters of the
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entire county and each candidate for membership on the board shall be a resident of his commissioner district, hereinafter created, which he offers to represent, and no two members of the board shall reside in the same commissioner district. In all elections held pursuant to this Act, each candidate shall designate the post for which he offers as a candidate. To be elected as a member of the board, the candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast. For the purpose of the election of board members, Henry County is hereby divided into five (5) commissioner districts to be constituted and designated as follows: Commissioner District Number One shall include all of that territory embraced within the McDonough and Flippin Militia Districts. Commissioner District Number Two shall include all that territory embraced within Low's, Hampton and the Sixth Militia Districts. Commissioner District Number Three shall include all that territory embraced within the Stockbridge, Shakerag and Brushy Knot Militia Districts. Commissioner District Number Four shall include all that territory embraced within Love's McMullens and Beersheba Militia Districts. Commissioner District Number Five shall include all that territory embraced within the Locust Grove, Tussahaw and Sandy Ridge Militia Districts. (b) Qualifications of board members . Members of the board shall be citizens of this State who have attained the age of twenty-one (21) years and who has been residents of their respective commissioner district for not less than one (1) year immediately preceding their election, and shall hold no other elective public office. Section 3. Election and term of office of board members . The members of the board created herein to represent commissioner
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districts shall be elected at the general election held for members of the General Assembly in 1972, and their terms shall commence on January 1, 1973. Other than elections to fill vacancies for unexpired terms, they shall serve for terms of office of four years each and until their respective successors are duly elected and qualified. Section 4. Election returns; vacancies . In all elections for members of the board held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such office. In the event of a vacancy in the office of a member of the board whose unexpired term exceeds one hundred eighty (180) days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed one hundred eighty (180) days, it shall be the duty of the ordinary to fill the vacancy by appointment. Section 5. Oath and bond . Before entering upon the discharge of their duties, the members of the board shall subscribe an oath before the ordinary of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. Each member of the board shall give like bond in the sum of ten thousand dollas ($10,000.00). The costs of said bonds shall be paid out of the county treasury. Section 6. Compensation . All members of the board herein created shall be paid as their entire compensation for services as same the sum of one hundred twenty-five dollars ($125.00) each per month to be paid out of the county treasury upon warrants drawn upon the county treasury, except the chairman who shall receive two hundred dollars ($200.00) per month. The salary so fixed shall constitute the entire compensation to which a board member shall be entitled.
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Section 7. Chairman . At the first regular meeting in January of each year, the board shall elect from its members, a chairman and vice-chairman. The chairman shall preside at all board meetings. The vice-chairman shall preside at board meetings in the absence of the chairman, and both chairman and vice-chairman shall serve for the current calendar year. In the event of a vacancy in the office of chairman and vice-chairman, the board shall elect a new chairman to serve for the remainder of the calendar year. Section 8. Meetings . The board of commissioners shall hold regular meetings on the first Tuesday of each month at the county courthouse, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by any three members of the board, provided all members shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the board except in a meeting which is open to the public. Any four (4) members of the board shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least three members of the board. The chairman shall be entitled to the same voting rights as other board members on questions considered by the board. Section 9. The board . The board shall have the powers and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the board minutes, shall be conclusive and binding on the county manager. The policies, rules and regulations, when so adopted, by the board, shall be carried out, executed and enforced by the county manager as chief executive officer of the county, and the board shall exercise only those administrative powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said county manager which is in conflict with such adopted resolutions and which deals with matters exclusively
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reserved to the jurisdiction of the board shall be null, void and of no effect. The following powers are hereby vested in the board and reserved to its exclusive jurisdiction: (a) To levy taxes. (b) To make appropriations. (c) To fix the rates of all other charges. (d) To authorize the incurring of indebtedness. (e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (f) To acquire rights of way for public roads. (g) To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law, provided, however, that the county manager shall have the authority to accept subdivision plats when the requirements established by the board for subdivisions have been met. (h) To establish, abolish, or change election precincts and militia districts according to law. (i) To allow the insolvent lists for the county. (j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county. (k) To exercise, all powers, duties and authority authorized by law in respect to zonning and planning. (l) To create and change the boundaries of special taxing districts authorized by law. (m) To fix the bonds of county officers where same are not fixed by statute.
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(n) To enact any ordinances or other legislation the county may be given authority to enact. (o) To determine the priority of capital improvements. (p) To call elections for the voting of bonds. (q) To exercise all of the powers and authority heretofore vested by law in the ordinary when sitting for county purposes, together with all powers and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated. Section 10. Reports by officers . The board shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices. Section 11. Appointments to statutory positions . The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the County Manager, within budgetary provisions. Section 12. Records, minutes . The county manager shall be ex officio clerk of the board, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the board, in chronological order, and a similar book of minutes wherein shall appear in chronological order, all acts, orders and proceedings of the chairman. The minute books of the 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 board in an amount sufficient to defray the cost of preparing same. Section 13. Budgets and appropriations . The county manager shall submit annually to the board, not later than December 1st, a proposed budget governing expenditures of
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all county funds, including capital outlay and public works projects, for the following year. The 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 Henry County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the board at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended, by the board, shall constitute the appropriation of all funds for such year by the board. The budget so adopted may be revised during the year only by formal action of the board in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the county manager shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. Section 14. Expenditures by allotments . No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board. The county manager shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall institute a system of quarterly allotments of all monies appropriated and budgeted. Section 15. Audits . The 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 board at least quarterly. Each quarterly and annual report submitted to the board shall be filed with the county manager and be made available to public inspection as other records in such office. The board shall cause to be published in the official organ of Henry County and posted at the courthouse door
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a statement of the financial condition of the county as of December 31st and June 30th of each year. Section 16. County manager . There is hereby created the office of county manager of Henry County, Georgia. Not later than July 1, 1969 the county manager shall be elected by a majority vote of the board of county commissioners of roads and revenues of said county, hereinafter referred to as the board. The board shall be authorized to enter into a contract with such person for a period of time which shall not extend beyond the expiration of the terms of office to which such members have been elected. In the event of a vacancy in said office from any cause, the board shall elect a successor by a majority vote. Section 17. Removal of county manager . The county manager may be suspended or removed at the pleasure of the board by a majority vote of the board except as otherwise provided by contract. In case of suspension or removal the county manager shall be given a written statement of the reasons for such action. He may within five (5) days from receipt thereof request a public hearing therein before the board which request shall be filed with the chairman of the board. Upon receipt of such request, a hearing shall be set not earlier than ten (10) days, nor later than fifteen (15) days from the date of such request. Pending such hearing, and until final action has been taken thereon, the county manager may be suspended from office and all of the duties thereof performed by some other persons designated by the board to perform such duties. The action of the board in suspending or removing the county manager shall be final. Section 18. Qualifications of county manager . No person shall be county manager before he shall have attained his twenty-first (21st) birthday, but shall not be eligible to hold the office after he reaches the age of sixty-five (65) years. He shall be of good character, be of proven executive ability and experience. No person related by blood or marriage within the third degree, to any member of the board, or who is a member of the board, or holder of a public elective office in the county or in any city or town political
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subdivision located within the territorial limits of the county at the time of his appointment or one year prior thereto, shall be eligible for appointment as county manager. Section 19. Oath of county manager . Before entering upon his duties, the county manager shall take and subscribe an oath for the faithful performance of his duties under this Act, which oath shall be duly entered on the minutes of the board. Section 20. (a) Duties of county manager . The county manager shall be the chief executive officer of the county. It shall be his duty to execute all lawful orders, directions, instructions, and all rules and regulations adopted by the board consistent with this Act and entered upon the minutes of said board. He shall have supervision over all employees of the county now or hereafter subject to the jurisdiction of the board. The county manager shall be the appointing authority for the heads of all departments where the power of appointment is now or hereafter vested in the board, except the county attorneys and auditors. The county manager shall be the appointing authority for all employees whose appointment is now or hereafter vested in the board, and shall have the right to employ and discharge the same; to prepare and to recommend salary scales for all county employees; to prescribe the duties and supervise the work of county employees; to require reports from heads of departments, and other employees trusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and papers of every officer and department of the county. (b) The county manager shall be the purchasing agent for the county. He shall prescribe the procedure for requisitioning, require inventories of property, materials, supplies, equipment and services and recommend to the board the adoption of the necessary rules and regulations which will provide for the orderly purchasing of county materials, supplies, equipment and services. He shall supervise the disbursement of all county funds and he shall render such reports as may be required by the board. The county manager may delegate purely administrative duties to subordinates
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in the county government, whose work the county manager shall supervise and direct; provided, however, the delegation or assignment of duties to subordinates shall not relieve the county manager from his responsibilities for administration of county affairs. Section 21. Political activity by county manager prohibited . The county manager shall not engage in or be concerned with any partisan politics or any political campaign. He shall not contribute to any campaign fund or solicit funds for political purposes from any other person. He shall not appoint any relative as an employee of such county. He shall not be eligible for election as a member of the board for a period of four (4) years after termination of his service as county manager. Section 22. County manager; devote full time . The county manager shall devote his entire time to the duties of his office and shall maintain his office at the courthouse or county office building. Section 23. Action by county manager revocable . As chief executive officer of such county, it shall be the duty of the county manager to conduct, supervise and administer all county affairs, subject only to the general laws, to rules prescribed by the board, and subject to the right of the board to review, repeal or modify any action of the county manager which is contrary to the general law or such rules, by a vote of a majority of the board at any subsequent, regular or called meeting, when such vote thus reviewing, repealing or modifying the action of the county manager shall be entered in writing on the minutes of the board. Section 24 (a) Additional duties of county manager . The county manager shall receive all requests for public work, road building, repairs to bridges and roads and public buildings, the construction of water and sewer mains, the opening, grading and improving of public roads and sidewalks. It shall be his duty to investigate and recommend to the board a program for all of such work, provided nothing herein shall be construed to prevent the county manager from performing immediately any work in an emergency
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that is necessary to protect the interests of the county or the citizens thereof. It shall be the duty of the county manager to receive and consider requests for appropriations of county funds, all of which he shall investigate and report to the board, with his recommendation thereon. (b) All request and reports of county officers and departments shall be made to the county manager for his recommendation to the board; the use and disposition of county property shall be under the supervision and direction of the county manager, subject to approval by the board; all claims against the county shall be presented to the county manager, who shall investigate same and report same to the board together with his recommendation thereon. Section 25. County budget . The county manager with the cooperation of the county auditor shall pre-plan and present to the board a budget for each calendar year; when the budget has been prepared and adopted as provided by law, it shall be the duty of the county manager to execute said budget. No department or officer of county government shall exceed the budget without the approval of the board. Section 26. Tax Digest . It shall be the duty of the county manager to investigate the tax digests and to recommend to the board the levy of a sufficient tax upon all property of such county, which tax, together with all other sources or revenue which may lawfully be anticipated, shall be sufficient to balance the budget, after same has been adopted. Section 27. Instructions to county manager entered on minutes . All orders, directions and instructions from the board to the county manager shall be duly entered on the minutes of the board. No member of the board shall privately issue orders to the county manager or interfere with the county manager in the administration of his duties. Section 28. Compensation of county manager . The county manager shall be paid an annual salary of not more than twenty thousand dollars ($20,000.00) per annum, said salary to be fixed annually in January of each year by the board.
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Section 29. Bond of county manager . Before entering upon his duties, the county manager shall give bond in the amount of fifty thousand dollars ($50,000.00) payable to the county, upon which bond action may be brought in the name of the county at the instance of the board, for any act of misfeasance, nonfeasance or malfeasance; the premium on such bond shall be paid out of the county treasury and the bond shall be kept by the ordinary of such county. Section 30. Agreement of candidates . It shall be unlawful for any candidate for the office of member of the board, or for nomination to such office, 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 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. Section 31. Officials not to be interested in contracts . No member of the board or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contracts to which the county is a party, either as principal, surety or otherwise; or 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 contract 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 Code section 23-1714 of the Code of Georgia of 1933. All purchases of supplies, equipment and services and other materials in an amount in excess of five hundred ($500.00) dollars shall be by competitive bids with advertisement of said purchases to be published in the official organ of Henry County for two weeks once a week before the date of purchase. Section 32 . The provisions of this Act shall become effective January 1, 1969, provided the constitutional amendment
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authorizing the establishment of a county manager form of government in Henry County is ratified by the people of Henry County at the general election to be conducted in 1968. Effective date. Section 33 . An Act creating a board of commissioners of roads and revenues for Henry County, Georgia, approved August 8, 1921, (Ga. L. 1921, p. 490), as amended, by an Act approved August 18, 1924 (Ga. L. 1924, p. 342), an Act approved March 15, 1943 (Ga. L. 1943, p. 1058) and an Act approved March 15, 1943 (Ga. L. 1943, p. 1060), an Act approved January 31, 1946 (Ga. L. 1946, p. 265), an Act approved March 25, 1947 (Ga. L. 1947, p. 528), an Act approved February 9, 1949 (Ga. L. 1949, p. 355), an Act approved February 14, 1957 (Ga. L. 1957, p. 2121), an Act approved April 2, 1963 (Ga. L. 1963, p. 2609), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2566), is hereby repealed in its entirety. Act repealed. Section 34 . 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 1968 Session of the General Assembly of Georgia, a bill to create and establish a board of commissioners of roads and revenues for the County of Henry; to provide for commissioner districts; to provide for the qualifications, election, compensation and terms of office of the members of the board of commissioners of roads and revenues; to provide for certifying the results of elections; to provide for filling vacancies; to provide for an oath; to provide for a bond; to provide for a chairman; to provide for meetings; to provide for the powers and duties of the board of commissioners of roads and revenues; to provide for reports of officers; to provide for records and minutes; to provide for a budget and appropriations; to provide for expenditures by allotments; to provide for audits; to provide for the office of county manager; to provide for the election, term of office, qualifications, oath, powers, duties, compensation and bond of the county manager; to provide for all other matters
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relative to the foregoing; to provide an effectice date; and for other purposes. This 15th day of January, 1968. Ray M. Tucker, Representative, 36th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of notice of intention to introduce local legislation was published in The Weekly-Advertiser which is the official organ of Henry County, on the following dates: January 18, 25 and February 1, 1968. s/ Ray M. Tucker Representative, 36th District Sworn to and subscribed before me, this 12th day of February, 1968. s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968. HENRY COUNTYSALARIES OF CLERK OF SUPERIOR COURT AND ORDINARY No. 1099 (House Bill No. 1427). An Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of a fee basis of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, by an Act approved January 27, 1961 (Ga. L.
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1961, p. 2007), and an Act approved June 30, 1964 (Ga. L. 1964, p. 2278), so as to change the compensation of the clerk of the superior court and the ordinary; 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 clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of a fee basis of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, by an Act approved January 27, 1961 (Ga. L. 1961, p. 2007), and an Act approved June 30, 1964 (Ga. L. 1964, p. 2278), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The clerk of the superior court of Henry County shall be paid a salary of $6,100.00 per year to be paid monthly out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of roads and revenues of Henry County. Clerk of superior court. 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. The ordinary of Henry County shall be paid a salary of $6,100.00 per year to be paid monthly out of county funds. The ordinary is hereby authorized to employ such clerks and other assistants as he deems necessary to prescribe their duties and to set their salaries, but the number of such clerks and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of roads and revenues of Henry County. The ordinary of Henry County shall also be paid the sum of $1,200.00 per year to be paid monthly out of county funds, as compensation for the performance of his duties in trying and disposing of cases of traffic violations under an Act
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approved February 16, 1938 (Ga. L. 1938, p. 558), as amended. Ordinary. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Henry County on a salary in lieu of a fee basis of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, so as to change the compensation of the clerk of the superior court and the ordinary of Henry County; and for other purposes. This 15th day of January, 1968. Ray M. Tucker Representative, 36th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of notice of intention to introduce local legislation was published in The Weekly-Advertiser which is the official organ of Henry County, on the following dates: January 18, 25, and February 1, 1968. Ray M. Tucker Representative, 36th District
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Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 9, 1968. WASHINGTON COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 1100 (House Bill No. 1459). An Act to amend an Act placing the sheriff of Washington County upon an annual salary, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, particularly by an Act approved February 28, 1967 (Ga. L. 1967, p. 2084), so as to change the compensation of the sheriff, his deputies and his secretary; to authorize the sheriff to hire one additional deputy; 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 Washington County upon an annual salary, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, particularly by an Act approved February 28, 1967 (Ga. Laws 1967, p. 2084), is hereby amended by striking from section 2 the figure 10,000.00 and inserting in lieu thereof the figure 10,400.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff of Washington County shall receive an annual salary in the amount of $10,400.00. The sheriff shall be paid in equal monthly installments from the funds of Washington County. It is specifically stipulated that the annual salary provided herein for the sheriff shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, salaries, and all other
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emoluments and perquisities of whatever kind formerly allowed him as compensation for services in any capacities, including services as sheriff of the City Court of Sandersville. Sheriff's salary. 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. Notwithstanding the provisions of section 4, the sheriff of Washington County shall be authorized to appoint one chief deputy, two other full time deputies and a secretary. The chief deputy shall be compensated in the amount of $5,600.00 per annum. The other two full time deputies shall each be compensated in the amount of $5,000.00 per annum. The secretary of the sheriff shall receive an annual salary of $4,200.00 per annum. The chief deputy, the two full time deputies and the secretary shall be paid in equal monthly installments from the funds of Washington County. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed as full-time deputies and secretary 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 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 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Washington County; to change the compensation of his full-time deputies; to provide an allowance for additional deputies; to change compensation of sheriff's secretary; and for other purposes.
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This 30th day of December, 1967. Francis A. Joiner Representative District 48, Post 1 Emory L. Rowland, Representative District 48, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Francis A. Joiner who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: January 4, 11, 18, 1968. Francis A. James Representative 48th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved April 9, 1968. CITY OF BRUNSWICKREVENUE RAISING ORDINANCES. No. 1101 (House Bill No. 1461). An Act to amend the charter of the City of Brunswick, Georgia, by amending the particular amendatory Act, approved November 12, 1889 (Ga. L. 1888-89 Vol. II, p. 1010), so as to provide specific requirements relating to
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the publication of a notice of intention to enact and the publication of ordinances, bylaws and resolutions, which are adopted for the purpose of raising revenue, before the same become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Brunswick, Georgia, as amended, particularly by the amendatory Act approved November 12, 1889, (Ga. Laws 1888-89 Vol. II, p. 1010), is hereby amended by inserting immediately following the first sentence of Section XXXVI of said amendatory Act, a new sentence to read as follows: Provided, however, before any ordinance, bylaw or resolution adopted for the purpose of raising revenue, whether by taxation, license fees or otherwise, or adopted to amend a previously enacted ordinance, bylaw or resolution for the purpose of raising revenue, by taxation, license fees or otherwise, shall become effective, a notice of intention to enact or adopt such ordinance, bylaw or resolution shall be published on three separate days during one calendar week and the entire ordinance, bylaw or resolution shall be published on two separate days during the succeeding calendar week in the newspaper in which the proceedings of the mayor and commission of said city and the legal advertising of said city is done., so that when so amended Section XXXVI of said amendatory Act shall read as follows: Section XXXVI. Be it further enacted by the authority aforesaid, that no ordinance, bylaw or resolution of said mayor and commission of said city of a public character shall be binding within the limits of said city or person within the same, natural or artificial, until the same shall have been published once in the newspaper in which the proceedings of the mayor and commission of said city and the legal advertising of said city is done. Provided, however, before any ordinance, bylaw or resolution adopted for the purpose of raising revenue, whether by taxation, license
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fees or otherwise, or adopted to amend a previously enacted ordinance, bylaw or resolution for the purpose of raising revenue, by taxation, license fees or otherwise, shall become effective, a notice of intention to enact or adopt such ordinance, bylaw or resolution shall be published on three separate days during one calendar week and the entire ordinance, bylaw or resolution shall be published on two separate days during the succeeding calendar week in the newspaper in which the proceeding of the mayor and commission of said city and the legal advertising of said city is done. And it shall be the duty of the mayor and commission of said city to select, as the official organ of said city, any paper which has a general circulation in the County of Glynn and said city, and the mayor and commission of said city shall cause the proceedings of each meeting of the mayor and commission of said city to be published in said paper. And no ordinance or bylaw shall pass the mayor and commission of said city and become a bylaw or ordinance thereof until the same shall have been introduced and read once at the regular meeting of said mayor and comissiomn of said city when the same is introduced, and twice at the next regular meeting of said mayor and commission of said city before the same passes and becomes a law. And the regular meetings of the mayor and commission of said city shall be fixed by them and changed from time to time by resolution or ordinance without reading the same but once and without any publication; but ordinances and resolutions touching quarantine, or passed in the exercise of the power of said mayor and commission of said city as to quarantine, may be passed at the same meeting when introduced, whether regular or adjourned or called meeting, and after being read one time, and shall become law at sun-rise on the day after their publication. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Brunswick so as
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to change the provisions relating to the advertisement of ordinances and for other purposes. This 25th day of January, 1968. Reid W. Harris 85th DistrictPost 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Reid W. Harris who, on oath, deposes and says that he is Representative from the 85th District, 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 Glynn County, on the following dates: January 26, 1968, February 2 and 9, 1968. Reid W. Harris Representative, 85th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 9, 1968. FLOYD COUNTYMERIT SYSTEM ACT AMENDED. No. 1102 (House Bill No. 1466). An Act to amend an Act establishing a merit system for the government of Floyd County, Georgia, approved March 17th, 1967, (Ga. L. 1967, p. 2253), so as to include certain employees of the office of the solicitor general of Floyd County; the sheriff of Floyd County; and the tax commissioner
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of Floyd County; and the office of the clerk of the superior court of Floyd County, under the coverage thereof; and also, to remove certain temporary, part time and provisional employees from the coverage thereunder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a merit system for the government of Floyd County, approved March 17th, 1967, (Ga. L. 1967, p. 2253), be and the same is hereby amended by striking section 2 of said Act, in its entirety and substituting in lieu thereof, the section to read as follows: Section 2. From and after the effective date of this Act, there is hereby created in Floyd County, a merit system to be known as the Floyd County Merit System. All persons who receive salaries or wages in full or in part, from Floyd County, may be placed under the said merit system, with the following exceptions: (a) All elective officials. (b) Members of appointive or elective boards. (c) Members of commissions or authorities. (d) The Clerk of the Board of Commissioners of Roads and Revenues. (e) The Floyd County Superintendent of Public Works. (f) Court Reporters for the Floyd County Superior Court and Floyd City Court. (g) Employees of the Floyd County Department of Family and Children Services. (h) Employees of the Floyd County Department of Public Health. (i) Employees of the Floyd County Board of Education.
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(j) The Chief Deputy Clerk of the Floyd Superior Court. (k) The Chief Deputy Clerk in the office of the Tax Commissioner of Floyd County. (l) The Chief Deputy Sheriff of Floyd County. (m) The Chief Assistant Solicitor General in the office of the Solicitor General. (n) Judge of the Juvenile Court and all employees of said court. (o) The County Attorney. (p) The Comptroller of Floyd County. (q) The County Administrator and County Guardian. (r) The Chief of the Floyd County Police Department. (s) The Warden of the Floyd County Public Works Camp. (t) The Purchasing Agent for Floyd County. (u) The Board of Registrars. (v) The County Physician. (w) The Surplus Food Program Director. Initially included by operation of this law under the Floyd County merit system shall be all personnel under the jurisdiction of the Floyd County board of commissioners of roads and revenues with the exception of those specifically excluded as enumerated above, and hereinafter, and the employees in the office of the clerk of the Floyd Superior Court; the tax commissioner of Floyd County; the ordinary of Floyd County; the solicitor general of Floyd County and the sheriff of Floyd County. The employees in the office of the clerk of the Floyd County superior court; the tax
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commissioner of Floyd County; the ordinary of Floyd County; the solicitor General of Floyd County and the sheriff of Floyd County, may with the exception of those positions specifically excluded above, and hereinafter, may come under the jurisdiction of the merit system, as members of the Floyd County merit system, providing their respective departments have elected to be governed under the Floyd County merit system, according to the procedures hereinafter set forth, provided, however, that the choice of such coverage shall be irrevocable. Each such department, not included under the jurisdiction of the Merit System board by this law, shall have the option of determining whether or not that department shall be governed by the rules and regulations of the Floyd County merit system board, under either of the following procedures: (a) The official who is by law the governing head of the department shall give his or her consent in writing to the board of commissioners of roads and revenues (hereinafter referred to as the governing authority of the county) that all positions in the respective department, other than those expressly excluded by this Act, come under the authority of the merit system board and the rules and regulations promulgated by said board under the authority of this Act, or (b) The employees of any department not mandatorily placed under the authority of the merit system board by this Act, may petition the official who is by law the governing head of the department to give his or her assent in writing to the governing authority as provided in paragraph (a) above. Upon receiving such petition duly signed by at least seventy per cent (70%) of said employees, the official shall within thirty (30) calendar days from the date of receipt of said petition give his or her assent in writing to the governing authority of Floyd County as provided in paragraph (a) immediately above. (c) Any positions or employees created or provided for by the General Assembly of Georgia, subsequent to the approval of this Act, March 17th, 1967, shall when said department has elected to come under the Floyd County merit
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system, be covered immediately thereunder, unless said legislation shall specifically exclude coverage of said employee or position so that any position or employee hereinafter provided and authorized by the General Assembly of Georgia for any department of the Floyd County government, covered by the merit system shall have the same merit coverage as the existing employees of said department or office. (d) The governing authority of Floyd County, Georgia shall have the right to set up and designate temporary and part time positions in the Floyd County public works department; Floyd County public works camp and the Floyd County police department, as excluded positions under the Floyd County merit system, and to appoint new employees on a temporary or part time basis under its own rules and regulations for a period not to exceed six (6) months, after which time, upon the recommendation of the governing authority of Floyd County, the request of the employee filling such temporary position, and the approval of the merit system board, said employee and the position, shall come under the Floyd County merit system, in accordance with the rules and regulations of the merit system board. (e) All employees and departments which have heretofore elected to come under coverage of the Floyd County merit system shall remain covered under the provisions of said act without further action on their part. 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 during the 1968 Session of the Georgia General Assembly, a bill will be proposed to amend an Act of the General Assembly, establishing a merit system for the government of Floyd County, Georgia, approved March 17th, 1967, (Ga. L. 1967, p. 2253), so as to include certain employees of the solicitor's office of Floyd County; the Floyd County, sheriff's office; and the office of the tax commissioner of Floyd County, and others, under the
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coverage thereof, and also, to remove certain personnel from the coverage of the same, and for other purposes. /s/ J. Battle Hall Senator, 52nd District /s/ Sidney Lowrey Representative, District 13, Post 1 /s/ Charles Graves Representative, District 13, Post 2 /s/ Richard L. Starnes, Jr. Representative, District 13, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Graves who, on oath, deposes and says that he is Representative from the 13th District, 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 Floyd County, on the following dates: January 15, 22, 29 and February 5, 1968. Charles Graves Representative 13th District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 9, 1968.
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DEKALB COUNTYZONING. No. 1103 (House Bill No. 1467). An Act to amend an Act enabling Dekalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of Dekalb County to establish joint planning commissions with the county, approved March 9, 1956 (Ga. L. 1956, p. 3332), as amended, by an Act approved March 11, 1964 (Ga. L. 1964, p. 2876), so as to provide for the impartiality of certain officials in zoning and rezoning matters and for certain penalties in connection therewith; to provide the basis for county zoning amendments or rezoning; to provide certain procedures and requirements in connection with all county zoning amendments or rezoning and for certain definitions in connection therewith; to provide for the right of interested individuals to be heard in connection with zoning or rezoning; to provide for procedures for obtaining certain official transcripts; to provide that the official map of the county shall show the use for which property is zoned; to provide for a county land-use planning map; to provide for all matters relative to the foregoing; to provide an effective date and for the application of the provisions of this Act; to provide for severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act enabling DeKalb County to establish a planning commission and to enable the several municipal ities lying wholly within the limits of DeKalb County to establish joint planning commissions with the county, approved March 9, 1956 (Ga. L. 1956, p. 3332), as amended, by an Act approved March 11, 1964 (Ga. L. 1964, p. 2876), is hereby amended by adding a new section between sections 1 and 2 to be designated section 1A, and to read as follows: Section 1A. Impartiality of officials required; disqualification; penalties . (a) Any member of the governing authority of DeKalb County and any member of the county
Page 3407
planning commission, county board of zoning adjustments or appeals, and any official designated thereby to act as a hearing officer on any zoning or rezoning matter shall be disqualified to actively participate in any hearing or decision on any zoning or rezoning matter involving any property in which he is directly interested in a financial sense. As used in this subsection, `directly interested in a financial sense' means having a legal or equitable title to the subject property or owning stock in a corporation or association having title to the subject property or representing in a legal capacity the party or parties desiring such zoning or rezoning or receiving or agreeing to receive any fee, compensation, gift or other thing of value in connection with such zoning or rezoning or any combination of the foregoing. (b) In the event of disqualification, as provided in subsection (a) of this section, such facts shall be made known by the member or official so disqualified to the commission, board or governing authority concerned, which shall enter such fact on its records. In the case of disqualification of a member of a board, commission or governing authority, the remaining members of such board, commission or governing authority shall act in the hearing and determination of the particular matter or matters in which the disqualification arose. (c) Any member or official failing to disqualify himself, as required by this section, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Any decision made upon any zoning or rezoning matter in which a participant failed to disqualify himself, as required by this section, shall be voidable. Section 2. Said Act is further amended by striking section 9 in its entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9. Zoning; method of procedure . Before enacting the zoning ordinance or resolution, the governing authority of the county or municipality shall hold a public hearing thereon, at least three weeks notice of the time and place of which shall be published in the newspaper
Page 3408
where the sheriff's advertisements of DeKalb County are published. No change in or departure from the text or maps, as certified by any municipal planning commission, shall be made unless such change or departure be first submitted to the municipal planning commission for review and recommendation. Such municipal planning commission shall have 30 days within which to submit its report, and if such planning commission fails to submit such report within said 30-day period, it shall be deemed to have approved the change or departure. No change or departure from the text or maps, as certified by the county planning commission, shall be made except as hereinafter provided. Section 3. Said Act is further amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. Zoning: Amendments . (a) The zoning ordinance of a municipality, including the maps, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the municipal planning commission for review and recommendation, and the provisions of Section 9 relative to the time allowed for the submission of its report and to public hearings and official notice shall apply equally to all such amendments. The county zoning resolution or ordinance may be amended from time to time only in accordance with the procedures and requirements set forth in subsections (b), (c), (d), (e) and (f) of this section and section 10A of this Act, and such procedures and requirements shall apply to all such amendments or rezoning, and no such amendment or rezoning shall be initiated by the governing authority of DeKalb County. (b) The basis for amending the county zoning resolution or ordinance or for rezoning any property subject to such resolution or ordinance shall be to bring it more into conformity with a logical and comprehensive land-use plan. The opportunity for a particular property owner to speculate or make an excessive profit by rezoning a particular tract shall not be considered a valid reason for rezoning in itself, and shall carry no weight in consideration of such application.
Page 3409
(c) The stability of developed or partially developed areas shall be of paramount concern, in order to protect the property values of those citizens who have built in reliance upon the land-use plan in effect at the time of building. (d) No area within 1,200 feet of elementary or high school property, whether existing or proposed by the DeKalb County School System and shown on its planning map, shall be rezoned Commercial, Neigborhood Shopping, or Industrial District M, as defined by the DeKalb County Zoning Ordinance, unless such application for rezoning shall be recommended by not less than six members of the Planning Commission and adopted by not less than four members of the County Commission. (e) All applications for rezoning shall be referred to the DeKalb County Traffic Engineer within three (3) working days after such application is filed. The DeKalb County Traffic Engineer shall review such applications to determine if a complete traffic study and a plan of construction should be done to eliminate the cause of traffic congestion and to eliminate the creation of or addition to existing traffic hazards. Such plan shall include a cost estimate of such construction. All recommendations shall be returned to the Planning Director. If such complete traffic study is desired by the applicant, the applicant shall pay the actual cost of the study up to the sum of $300.00 to defray the cost of the study, which shall be conducted by the DeKalb County Traffic Department. If the applicant does not agree to such study, the Planning Director shall recommend that said application be denied. (f) The applicant for rezoning of land shall bear the responsibility of establishing that his proposal would be of benefit to the community as a whole and is in harmony with a logical, comprehensive land-use plan for his area. Section 4. Said Act is further amended by adding three sections between section 10 and section 11 to be designated sections 10A, 10B and 10C, to read as follows:
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Section 10A. Procedures applicable to all rezoning applications . The following procedures shall be mandatory in the consideration of all rezoning applications in DeKalb County involving property subject to the county zoning ordinance or resolution: (a) As used in this Section, the words `interested party' shall mean (1) any individual or other legal entity who owns property located within one mile of the perimeter of an area proposed to be rezoned upon application, or (2) any permanent or temporary group of taxpaying citizens of DeKalb County who file with the Planning Director of DeKalb County a notice of interest in any rezoning applications or recommendations pertaining to a specified area in which such group has a general interest pertaining to the locality concerned, which general interest shall be broadly and liberally construed and shall not be restricted to the narrow definitions of a legal property interest. (b) Upon the filing of an application for the rezoning of land in DeKalb County, the Planning Director or other properly designated official, shall, as soon thereafter as practicable, but not more than ten (10) days after the filing of the application, notify by Certified U. S. Mail all owners of record of land abutting that land proposed to be rezoned. In addition to the foregoing, when the land proposed to be rezoned lies in or adjacent to a developed or partially developed area, the Planning Director, or other properly designated official, shall notify, by U. S. Mail, not less nor more than fifteen (15) interested parties as defined in 10A (a) (1) of this section, unless there should be less than fifteen (15) such interested parties within one mile of the said perimeter, in which case all such interested parties shall be so notified. In addition to the foregoing, the Planning Director, or other properly designated official shall notify by U. S. Mail all interested parties, as defined in 10A (a) (2) of this section. The obligations of this subsection shall not be imposed upon the applicant. (c) The mail notice as required by subsection (b) of this section shall be in addition to posting by sign notice as is presently required, and shall be in addition to the notice by legal publication as is presently required.
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(d) Within ten (10) days following the mailing of notices required by subsection (b) of this section, the Planning Director, or other properly designated official, shall prepare a signed and notarized certificate that the requirements of subsection (b) of this Section have been complied with, and the information required by subsection (e) of this section shall be reflected on such certificate. Such certificates shall be kept separately filed as a matter of public record in the office of said Planning Director or other designated official, and no publication of legal notice shall be deemed properly published until after the certificate applicable to such notice by mail has been so filed. (e) Whenever the applicant for rezoning of land or the real party in interest thereto shall be other than a natural person or persons, the name of all principal officers and directors in the case of a legally incorporated entity other than a corporation which has filed a registration statement or application for exemption under Regulation A or similar procedure for the issuance of securties with the United States Securties and Exchange Commission, or which is listed for trading at any stock exchange for the trading of securties regulated by the Securties Exchange Act of 1934, or the names of all principal officers and directors in the case of an unincorporated entity shall be provided by said applicant, and such list of names shall be appended to the certificate of notice filed as required by subsection (d) of this section. (f) The initial hearing upon any application for rezoning shall not be scheduled less than thirty (30) days after the filing of the certificate as specified in subsection (d) of this section. Upon the conclusion of the initial and all subsequent hearings upon a rezoning application, including the final hearing by the Board of Commissioners of DeKalb County, each official, board, or other body hearing such application shall submit reasons and findings in conformity with the provisions of subsections (b), (c), (d), (e) and (f) of section 10 of this Act, in support of the recommendations of final approval or disapproval of such rezoning applications rendered by such official, board, or other body conducting hearings thereon. Such reasons and findings shall be a matter
Page 3412
of public record. Any party may file an appeal, within ten (10) days after any decision, with the officer from whom the appeal is taken and with the zoning board of adjustments. It shall be mandatory upon the county commissioners to give their final ruling within 120 days from the date of the original application. (g) All hearings upon rezoning applications, including the deliberations and vote thereupon shall be conducted at a hearing open to the public, and there shall be an interval of at least 30 days between any two such hearings. (h) Rezoning applications that have been finally denied either by the Board of Commissioners or by the courts shall not be resubmitted at any time less than twenty-four (24) months after such original application. Such rehearings shall be subject to the same procedures set forth in this Section governing all rezoning applications. Section 10B. The right to be heard and judicial redress not abridged . (a) Subject to the rules and requirements of orderly procedure established by the county planning commission and Board of County Commissioners, the rights of any interested individual to be heard in connection with zoning applications shall not be abridged. (b) The rights of any person to resort to the courts of this State or the United States in connection with zoning or rezoning matters shall not be abridged by this Act and same shall be governed by such laws, authority and rules of procedure as presently and hereafter exist. In the event any such court shall receive evidence in any such case, the public record referred to in subsection (f) of section 10A and the transcript referred to in section 10C of this Act may be admitted into evidence if such material shall be admissible under the rules of evidence as provided by law. Section 10C. Procedures for obtaining official transcripts . Any party desiring to obtain a transcript of the proceedings of a rezoning application hearing, including the transcription of oral statements, and documentary evidence, shall have the right to obtain same. Said transcript shall
Page 3413
be obtained by filing a request therefor, along with the payment of a $5.00 filing fee, with the Director of Planning, or other duly designated official, not less than five (5) days prior to the date set for hearing, and the Director of Planning shall provide a court reporter, access and facilities for transcription, receipt of documentary evidence and copying of same by such court reporter at the time of hearing, but the full cost for preparing such transcript shall be upon the person requesting same and such cost shall be limited to the court reporter's normal charges for other transcriptions. Upon completion of the transcript of proceedings, a copy of same shall be certified by the court reporter and by the Director of Planning, and a copy of same shall be furnished to the presiding officer of the hearing and made a part of the file relative to such application. Section 5. Said Act is further amended by adding two new sections between sections 25 and 26 to be designated sections 25A and 25B and to read as follows: Section 25A. Official Map of County to show use for which property is zoned . The official map of DeKalb County shall be maintained and changed when necessary so that at all times it shall reflect the uses for which the various land areas of DeKalb County are currently zoned, but no rezoning shall be initiated by the governing authority of DeKalb County, and all rezoning shall be accomplished only in conformity with the provisions of sections 10 and 10A of this Act. Section 25B. Land-use planning map . In addition to establishing and maintaining the official map of DeKalb County as hereinabove provided, it shall be the duty of the governing authority of said county to establish and maintain a land-use planning map. Said governing authority may update the land-use planning map from time to time on its own initiative and shall update said map at least once each two years. The land-use planning map shall be established and maintained for the purpose of showing future and projected plans for the land area of DeKalb County. No such land-use planning map shall have any legal effect on actual zoning or rezoning but shall be utilized for information purposes
Page 3414
by the county governing authority, the county planning commision and the county board of zoning adjustments when considering zoning and rezoning matters. All actual zoning and rezoning shall be accomplished in accordance with the provisions of sections 10 and 10A of this Act. Section 6. An Act supplementing the existing laws of this State which enable DeKalb County to exercise the powers of planning, zoning and rezoning, approved April 18, 1967 (Ga. L. 1967, p. 3230), is hereby repealed in its entirety as of the effective date of this Act. 1967 Act repealed. Section 7. This Act shall become effective on May 15, 1968, and the provisions of this Act shall apply to all applications seeking a change in the existing zoning of land in DeKalb County which are filed on and after said date. Effective date. Section 8. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no 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 were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968 session of the General Assembly of Georgia a bill to enact legislation for DeKalb County, Georgia in amending an act entitled DeKalb County, zoning, approved April 18, 1967 (Ga. L. 1967, p. 3230) in improving, clarifying and to make more complete the methods and procedures for the regulation of zoning, rezoning or in any way setting
Page 3415
the use to which land and/or the improvements thereon may be lawfully put. W. B. Malone State Representative, House District 117 - Post 3 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 introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 4, January 11, and January 18, 1968. Britt Fayssoux Sworn to and subscribed before me, this 18 day of January, 1968. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Feb. 21, 1971. (Seal). Approved April 9, 1968.
Page 3416
MONTGOMERY COUNTYSALARY OF TAX COMMISSIONER. No. 1105 (House Bill No. 1493). An Act to amend an Act creating the office of tax commissioner of Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 735), as amended by an Act approved February 20, 1951 (Ga. L. 1951, p. 2720), and an Act approved February 23, 1956 (Ga. L. 1956, p. 2548), 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 creating the office of tax commissioner of Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 735), as amended by an Act approved February 20, 1951 (Ga. L. 1951, p. 2720), and an Act approved February 23, 1956 (Ga. L. 1956, p. 2548), is hereby amended by striking in section 6 the following: $2800.00 nor more than $3600.00 per annum, and inserting in lieu thereof the following: $3400.00 nor more than $4400.00 per annum, so that when so amended section 6 shall read as follows: Section 6. The compensation of the tax commissioner of Montgomery County shall be on a salary basis. The amount of said salary, which shall be in lieu of all fees including those paid for collecting the last ten percentum of the digest and taxes, but not including fees from the sale of motor vehicle license tags, shall be fixed by the county board of commissioners of roads and revenue of Montgomery County, at not less than $3400.00 nor more than $4400.00 per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice is hereby given that at the 1968 session of the General Assembly of Georgia, I will introduce a bill to be entitled Act to amend the Act approved March 12, 1935, which Act created and amended the office of the tax commissioner of Montgomery County, Georgia to provide that compensation of said commissioner shall be fixed by the board of county commissioners of roads and revenue of said county at not less than $3400.00 nor more than $4200.00 per annum. To repeal conflicting laws and other purposes. This 6th day of January, 1968. Joe C. Underwood Representative 61st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe C. Underwood who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Montgomery Monitor which is the official organ of Montgomery County, on the following dates: January 12, 19, 26, 1968. Joe C. Underwood Representative, 61st District Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968.
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ECHOLS COUNTYTERMS OF MEMBERS OF BOARD OF COUNTY COMMISSIONERS. No. 1106 (House Bill No. 1526). An Act to amend an Act establishing a board of commissioners of roads and revenues for Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb., p. 2054), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2156), so as to change the terms of office 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 establishing a board of commissioners of roads and revenues for Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb., p. 2054), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2156), is hereby amended by adding between sections 2 and 3 a new section to be known as section 2A and to read as follows: Section 2A. Notwithstanding the provisions of section 2 to the contrary, candidates elected to the board in the 1968 general election to take office on January 1, 1969, shall serve for a term of office of four years. Thereafter, the terms of office of the members of the board of commissioners of roads and revenues of Echols County shall be for four years and until their successors are duly elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation for Echols County. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia an act providing for a term and salary for the Echols County commissioners and other purposes.
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This the 23rd day of January, 1968. Bobby Pafford Representative District 97 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Pafford who, on oath, deposes and says that he is Representative from the 97th District, and that the attached copy of notice of intention to introduce local legislation was published in The Valdosta Daily Times which is the official organ of Echols County, on the following dates: January 26, February 2, 9, 1968. Bobby Pafford Representative, 97th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 9, 1968. COUNTY COURT OF ECHOLS COUNTYJUDGE'S TERM OF OFFICE. No. 1107 (House Bill No. 1529). An Act to amend an Act creating the County Court of Echols County, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb., p. 3195), as amended, so as to change the term of office of the judge; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the County Court of Echols County, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb., p. 3195), as amended, is hereby amended by adding between sections 21 and 22 a new section to be known as section 21A and to read as follows: Section 21A. Notwithstanding the provisions of section 21 above, beginning with the term of office which commences on January 1, 1969, and thereafter, the term of office for the judge of the County Court of Echols County shall be for four (4) years and until his successor is elected and qualified. The election for such office shall be held at the same time as the elections for county officers for said county are held and under the same rules and regulations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation for Echols County. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia legislation providing for the term of the County Judge of Echols and other purposes. This the 23rd day of January, 1968. Bobby Pafford Representative District 97 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Pafford who, on oath, deposes and says that he is Representative from the 97th District, and that the attached copy of notice of intention to introduce local legislation was published in The Valdosta Daily Times which is the official organ of
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Echols County, on the following dates: January 26, February 2, 9, 1968. Bobby Pafford Representative, 97th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968. JEFFERSON COUNTY BOARD OF EDUCATIONADDITIONAL MEMBERS, REFERENDUM. No. 1108 (House Bill No. 1531). An Act to add two members to the board of education of Jefferson County; to provide for their appointment; to provide the procedures connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of education of Jefferson County shall be composed of seven members. The members of the board, serving at the time of the approval of this Act, shall continue to serve out the terms to which they were appointed; and their successors shall be selected as provided for in Article VIII, Section V, Paragraph I of the Constitution. The additional two members of the board shall be appointed by the first grand jury which convenes after this Act shall be approved in the referendum provided for in section 2. One of the additional two members added by the provisions of this Act shall be appointed for an initial term
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of office of one year and until his successor is appointed and qualified. The other member shall be appointed for an initial term of office of two years and until his successor is duly appointed and qualified. Thereafter, successors to the initial members of the board of education added by the provisions of this Act shall be appointed for a term of office of five years and until their successors are duly appointed and qualified. Additional members. Section 2. It shall be the duty of the ordinary of Jefferson County to issue the call for an election for the purpose of submitting this Act to the voters of Jefferson County for approval or rejection. The ordinary shall set the date of such election for November 5, 1968. 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 Jefferson County. The ballot shall have written or printed thereon the words: For approval of the Act adding two additional members to the board of education of Jefferson County. Referendum. Against approval of the Act adding two additional members to the board of education of Jefferson 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 Jefferson 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 special 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.
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Notice of Introduction of Legislation. I will introduce at this 1968 Session of the General Assembly a bill to increase membership of the board of education of Jefferson County from five (5) to seven (7) members. This 29th day of January, 1968. J. Roy McCracken 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 the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the News Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: February 1, 8, 15, 1968. J. Roy McCracken Representative, 49th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 9, 1968.
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TOOMBS COUNTY BOARD OF EDUCATIONREFERENDUM. No. 1109 (House Bill No. 1532). An Act to provide for the election of members of the board of education of Toombs County; to provide for education posts; to provide for the qualifications, election, terms of office, compensation, powers, duties and authority of the members of the board; to provide for filling vacancies; to provide for meetings; to provide for the election of officers by the board; to provide for the appointment of the county school superintendent and his qualifications, term of office and compensation; 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 board of Education of Toombs County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Toombs County, the positions on the board of education shall be designated as posts one through five, respectively. Any person offering as a candidate for election as a member of the board shall specifically designate the post, by number, for which he is offering as a candidate. Any person who offers for election as a member of the board shall be at least twenty-five (25) years of age, of good moral character and favorable to the common school system, shall have been a resident of Toombs County for at least one year prior to his election to the board, shall be a qualified registered elector in Toombs County at the time he offers for election to the board and shall either possess a high school education or have previously served on the board of education of Toombs County or the State of Georgia. No elected official of the State of Georgia or of any county, municipality or other political subdivision of this State shall be eligible to serve on the board. The members of the board shall be elected by the voters of the Toombs County school district. To be elected as a member of the board, a candidate must receive the highest number of votes cast, and at the
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same time, the candidate must receive a majority of the total votes cost. Members, etc. Section 2. At the general election conducted in 1968 the first members of the board of education of Toombs County as provided for herein, shall be elected. The candidates elected to the board in said election shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter successors to the initial members of the board of education of Toombs County, as provided for herein, shall be elected at the general election which is conducted in that year in which their respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Terms, etc. Section 3. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of their members as chairman and such other officers as the board shall desire. The chairman shall vote only on questions on which there is a tie. The members of the board shall receive as compensation for their services on the board the sum of $20.00 per month. Chairman, compensation. Section 4. Vacancies on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election at which time a successor shall be elected to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. The board of education of Toombs County created by this Act shall be the successor to all rights, powers, duties and obligations of the old board of education of Toombs County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancies. Section 5. The person serving as county school superintendent of Toombs County at the time this Act becomes
Page 3426
effective, shall continue to serve as county school superintendent until the expiration of the term of office for which he was elected. Thereafter, the board of education shall appoint the county school superintendent and he shall serve at the pleasure of the board. The board shall fix the compensation to be received by the county school superintendent. The county school superintendent shall possess the qualifications prescribed by the laws of this State for county school superintendents. It shall not be necessary for the person appointed as county school superintendent of Toombs County to be a citizen of the county. Superintendent. Section 6. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Toombs County to issue the call for an election for the purpose of submitting this Act to the voters of Toombs County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Toombs County. The ballot shall have written or printed thereon the words: For approval of the Act providing for the election of the members of the Board of Education of Toombs County by the voters of the Toombs County school district and for the appointment of the County School Superintendent by the Board of Education of Toombs County. Referendum. Against approval of the Act providing for the election of the members of the Board of Education of Toombs County by the voters of the Toombs County school district and for the appointment of the County School Superintendent by the Board of Education of Toombs County. All persons desiring to vote in favor of the Act shall vote 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
Page 3427
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 Toombs 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 special 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 7. If this Act shall be approved in the election provided for in section 6, the present board of education of Toombs County shall be abolished on January 1, 1969, and the members of the board of education of Toombs County, provided for in this Act, shall take office and administer thereafter the affairs of the Toombs County school system. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to provide for the election of the members of the board of education of Toombs County by the people; to provide for post positions; to provide for the appointment of the county school superintendent of Toombs County by the board of education; to provide for his qualifications, powers, duties and compensation; to provide for all matters relative to the foregoing; and for other purposes. This 30th day of January, 1968. John F. Collins Representative 62nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John F. Collins
Page 3428
who, on oath, deposes and says that he is Representative from the 62nd District, 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 Toombs County, on the following dates: February 1, 8, 15, 1968. s/ John F. Collins Representative, 62nd District Sworn to and subscribed before me, this 26th day of February, 1968. s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968. CITY COURT OF AMERICUSNAME CHANGED TO CIVIL AND CRIMINAL COURT OF SUMTER COUNTY, JUDGE'S SALARY. No. 1110 (House Bill No. 1548). An Act to amend an Act creating the City Court of Americus, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, so as to change the compensation of the judge of the City Court of Americus; to change the name of the City Court of Americus to the Civil and Criminal Court of Sumter County; 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 Americus, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, is hereby amended by striking section 5A in its
Page 3429
entirety and substituting in lieu thereof a new section 5A, to read as follows: Section 5A. The salary of the judge of the City Court of Americus shall be $12,000 per annum, payable in equal monthly installments from the funds of Sumter County. Section 2. The said Act is further amended by striking from said Act and all amendatory Acts thereto, whenever the same shall appear, the following: City Court of Americus and substituting in lieu thereof: Civil and Criminal Court of Sumter County, so that the name of said court shall be the Civil and Criminal Court of Sumter County. Section 3. 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, January-February, 1968 Session, for the passage of a local bill, the caption of which is as follows: An Act to amend an Act entitled `An act to establish the City Court of Americus, to be located and held in the City of Americus, Sumter County, Georgia, approved November 22, 1900, and all acts amendatory thereof; to provide for a change in the salary of the judge of the City Court of Americus; to change the name of the Court from the City Court of Americus to The Civil and Criminal Court of Sumter County; and for other purposes.
Page 3430
This the 7th day of February, 1968. Hugh A. Carter, Senator, 14th District Clarence A. Parker, Representative, 68th District, Post 1 Janet S. Merritt, Representative, 68th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janet S. Merritt who, on oath, deposes and says that she is Representative from the 68th District, and that the attached copy of notice of intention to introduce local legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: February 7, 14, 22, 1968. Janet S. Merritt Representative, 68th District Sworn to and subscribed before me, this 23th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968.
Page 3431
JONES COUNTYDEPUTY SHERIFFS. No. 1111 (House Bill No. 1558). An Act to amend an Act, placing the sheriff of Jones County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2169), as amended, by an Act approved April 4, 1967 (Ga. L. 1967, p. 2517), so as to provide for the appointment of two additional deputies; to provide for their salaries; 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 Jones County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2169), as amended, by an Act approved April 4, 1967 (Ga. L. 1967, p. 2517), is hereby amended by adding after the third sentence in section 4 the following: The sheriff of Jones County is hereby authorized to appoint two deputies in addition to the deputies provided above. Such deputies shall be compensated in the amount of $50.00 per month from the funds of Jones County., so that when so amended section 4 shall read as follows: Section 4. The sheriff of Jones County shall have the sole power and authority to appoint one chief deputy and one deputy. The chief deputy shall be compensated in the amount of $4,800.00 per annum, payable in equal monthly installments from the funds of Jones County. The deputy shall be compensated in the amount of $3,600.00 per annum, payable in equal monthly installments from the funds of Jones County. The sheriff of Jones County is hereby authorized to appoint two deputies in addition to the deputies provided above. Such deputies shall be compensated in the amount of $50.00 per month from the funds of Jones County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as such deputies, and to
Page 3432
prescribe their duties and assignments, and to remove or replace such deputies at will and within his sole discretion. 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 1968 Session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Jones County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2169), so as to provide that the sheriff of Jones County, Georgia may appoint two additional deputy sheriffs of Jones County and such deputy sheriffs shall be paid out of the treasury of Jones County, Georgia at the rate of $50.00 each per month; and for other purposes. This 22nd day of January, 1968. John H. Hadaway Representative, 46th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Hadaway who, on oath, deposes and says that he is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: January 25, February 1, 8, 1968. s/ John H. Hadaway Representative, 46th District
Page 3433
Sworn to and subscribed before me, this 26th day of February, 1968. s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 9, 1968. CITY COURT OF STATESBORONAME CHANGED TO CIVIL AND CRIMINAL COURT OF BULLOCH COUNTY, SALARIES. No. 1112 (House Bill No. 1562). An Act to amend an Act creating the City Court of Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, so as to change the name of the City Court of Statesboro to the Civil and Criminal Court of Bulloch County; to change the compensation of the judge and solicitor of said court; to provide 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 City Court of Statesboro, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, is hereby amended by adding between sections 1 and 2 a new section to be known as section 1A and to read as follows: Section 1A. Notwithstanding any other provisions of this Act to the contrary, upon the effective date of this section, the City of Statesboro shall be known as the `Civil and Criminal Court of Bulloch County', and wherever within this Act the phrase `City Court of Statesboro' shall appear, there shall be substituted therefor the phrase `Civil and Criminal Court of Bulloch County'. Name.
Page 3434
Section 2. Said Act is further amended by striking from section 2 the words and figure three thousand ($3,000.00) and inserting in lieu thereof the words and figure four thousand two hundred ($4,200.00), so that when so amended section 2 shall read as follows: Section 2. Be it enacted by the authority aforesaid, that there shall be a Judge of said Civil and Criminal Court of Bulloch County, whose term of office beginning January 1, 1951, will be for a term of six (6) years, ending December 31, 1956, and each term thereafter shall be for a term of four (4) years, and whose election and qualifications shall be and remain as now fixed by law, and who shall receive a salary of four thousand, two hundred ($4,200.00) dollars per annum, which shall be paid to him monthly by the treasurer of the County of Bulloch, or other proper authorities having charge of said county funds, and it shall be the duty of the commisioner of roads and revenues of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his own. Judge's salary. Section 3. Said Act is further amended by striking from section 4 of said Act the words and figure two thousand eight hundred ($2,800.00) wherever the same appears and inserting in lieu thereof the words and figure three thousand six hundred ($3,600.00), so that the portion of said section 4 pertaining to the salary of the solicitor when so amended shall read as follows: The salary of said solicitor shall be the sum of three thousand six hundred ($3,600.00) dollars per annum to be paid out of the treasury of Bulloch County which shall be in full for all services rendered by him, and for which he shall receive no other compensation than a salary of three thousand six hundred ($3,600.00) dollars per annum as provided herein, and which salary shall be in lieu of all fees, fines, forfeitures and insolvent costs. Solicitor's salary. Section 4. The provisions of section 1 of this Act shall become effective on the date this Act is signed by the Governor or it otherwise becomes law. The provisions of sections
Page 3435
2 and 3 of this Act shall become effective on January 1, 1969. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce a bill in the 1968 session of the General Assembly of Georgia to provide the following: Increases in the salaries and operating allowances for the public officers of the county, as hereinafter stated, to become effective only after the expiration of the present terms of the office-holders: a. chairman of county commissioners, $8,500.00 per year, and use of an automobile furnished for county business use. b. Tax commissioner, no change. c. Ordinary, $7,000 per year, and present clerial allowance to continue. d. Clerk of courts, $8,000.00 per year. e. Sheriff, $10,000.00 per year and present jailer's allowance to continue, two male deputies with salaries of 1st deputy $5,800.00 per year instead of $5,200.00; 2nd deputy $5,400.00, per year instead of $4,800.00, and other present allowances to continue. f. City Court Judge, $4,200.00 per year instead of $3,000.00. g. City Court Solicitor, $3,600.00 per year instead of $2,800.00.
Page 3436
This 30th day of January, 1968. /s/ Jones Lane Representative from Bulloch County. /s/ Paul Nessmith, Sr. Representative from Bulloch County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to change the name of the City Court of Statesboro to the Civil and Criminal Court of Bulloch County; and for other purposes. This 31st day of January, 1968. W. Jones Lane, Representative, 64th District Paul E. Nessmith, Representative, 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of notices of intention to introduce local legislation were published in the Bulloch Herald which is the official organ of Bulloch County, on the following dates: January 30, February 6, 13, 1968 and January 31, 7, 14, 1968. Paul E. Nessmith, Sr. Representative, 64th District
Page 3437
Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public. (Seal). Approved April 9, 1968. BULLOCH COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 1113 (House Bill No. 1563). An Act to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, so as to change the compensation of said clerk of the superior 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 fixing the compensation of the clerk of the superior court of Bulloch County, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, is hereby amended by striking from section 2 the words and figure six thousand five hundred ($6,500.00) and inserting in lieu thereof the words and figure eight thousand ($8,000.00) so that when so amended section 2 shall read as follows: Section 2. The clerk of the superior court of Bulloch County shall receive a salary of eight thousand dollars ($8,000.00) per annum, payable in equal monthly installments out of the funds of the county. Said salary shall be the sole compensation of the clerk of the superior court of Bulloch County, whether he be ex officio clerk of other courts or not. Section 2. This Act shall become effective on January 1, 1969. Effective date.
Page 3438
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce a bill in the 1968 session of the General Assembly of Georgia to provide the following: Increases in the salaries and operating allowances for the public officers of the county, as hereinafter stated, to become effective only after the expiration of the present terms of the office - holders: a. Chairman of county commissioners, $8,500.00 per year, and use of an automobile furnished for county business use. b. Tax commissioner, no change. c. Ordinary, $7,000 per year, and present clerical allowance to continue. d. Clerk of courts, $8,000.00 per year. e. Sheriff, $10,000.00 per year and present jailer's allowance to continue, two male deputies with salaries of 1st deputy $5,800.00 per year instead of $5,200.00; 2nd deputy $5,400.00, per year instead of $4,800.00, and other present allowances to continue. f. City Court Judge, $4,200.00 per year instead of $3,000.00. g. City Court Solicitor, $3,600.00 per year instead of $2,800.00. This 30th day of January, 1968. /s/ Jones Lane Representative from Bulloch County /s/ Paul Nessmith, Sr. Representative from Bulloch County
Page 3439
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Nesmith, Sr. who, on oath, deposes and says that he is Representative from the 64 District, 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 Bulloch County, on the following dates: January 30, February 6, and 13, 1968. /s/ Paul E. Nessmith, Sr. Representative, 64 District Sworn to and subscribed before me this 26 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 9, 1968. BULLOCH COUNTYSALARY OF ORDINARY. No. 1114 (House Bill No. 1564). An Act to amend an Act providing that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2590), so as to change the compensation of the ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2590), is hereby amended by striking from section 2 the words and figure
Page 3440
six thousand five hundred ($6,500.00) and inserting in lieu thereof the words and figure seven thousand ($7,000.00) so that when so amended section 2 shall read as follows: Section 2. The ordinary of Bulloch 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. Section 2. This Act shall become effective on January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce a bill in the 1968 session the General Assembly of Georgia to provide the following: Increases in the salaries and operating allowances for the public officers of the county, as hereinafter stated to become effective only after the expiration of the present terms of the office-holders: a. Chairman of county commissioners, $8,500.00 per year, and use of an automobile furnished for county business use. b. Tax commissioner, no change. c. Ordinary, $7,000 per year, and present clerical allowance to continue. d. Clerk of courts, $8,000.00 per year. e. Sheriff, $10,000.00 per year and present jailer's allowance to continue, two male deputies with salaries of 1st deputy $5,800.00 per year instead of $5,200.00; 2nd deputy
Page 3441
$5,400.00, per year instead of $4,800.00, and other present allowance to continue. f. City Court Judge, $4,200.00 per year instead of $3,000.00. g. City Court Solicitor, $3,600.00 per year instead of $2,800.00. This 30th day of January, 1968. /s/ Jones Lane Representative from Bulloch County /s/ Paul Nessmith, Sr. Representative from Bulloch County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 64th District, 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 Bulloch County, on the following dates: January 30, February 6, and 13th, 1968. /s/ Paul Nessmith, Sr. Representative, 64 District Sworn to and subscribed before me this 26 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 9, 1968.
Page 3442
BULLOCH COUNTYSALARIES OF SHERIFF AND DEPUTY SHERIFFS. No. 1115 (House Bill No. 1565). An Act to amend an Act changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2511), and by an Act approved April 4, 1967 (Ga. L. 1967, p. 2503), so as to change the compensation of the sheriff; to change the compensation of the sheriff's deputies; 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 changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2511), and by an Act approved April 4, 1967 (Ga. L. 1967, p. 2503), is hereby amended by striking from section 2 the figure $9,000.00 and inserting in lieu thereof the figure $10,000.00, so that when so amended section 2 shall read as follows: Section 2. The salary of the sheriff of Bulloch County shall be $10,000.00 per annum, payable in equal monthly installments out of county funds. Section 2. Said Act is further amended by striking from section 3 the figure $5,200.00 and the figure $4,800.00 and inserting in lieu thereof the figure $5,800.00 and the figure $5,400.00, respectively, so that when so amended section 3 shall read as follows: Section 3. The sheriff of Bulloch County shall be authorized to employ the following deputies: one chief deputy whose salary shall not exceed $5,800.00 per annum, and one junior deputy, whose salary shall not exceed $5,400.00 per annum, and both such salaries shall be payable monthly
Page 3443
from the funds of Bulloch County. Said deputies shall be of the male sex, and shall be capable, arresting officers. The sheriff in his discretion may employ a jailer, whose salary shall not exceed $2,000.00 per annum payable monthly plus an additional amount of one dollar and twenty-five cents ($1.25) per day, per prisoner, to cover meals. The sheriff may himself perform the duties of said jailer, and in such event receive the above amounts. Section 3. Section 1 of this Act shall become effective on January 1, 1969. Section 2 of this Act shall become effective upon the approval of this Act by the Governor or its otherwise becoming law. Effective dates. Section 4. All laws and part of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce a bill in the 1968 session of the General Assembly of Georgia to provide the following: Increases in the salaries and operating allowances for the public officers of the county, as hereinafter stated, to become effective only after the expiration of the present terms of the office-holders: a. Chairman of county commissioners, $8,500.00 per year, and use of an automobile furnished for county business use. b. Tax commissioner, no change. c. Ordinary, $7,000 per year, and present clerical allowance to continue. d. Clerk of courts, $8,000.00 per year. e. Sheriff, $10,000.00 per year and present jailer's allowance to continue, two male deputies with salaries of 1st deputy $5,800.00 per year instead of $5,200.00; 2nd deputy
Page 3444
$5,400.00 per year instead of $4,800.00, and other present allowances to continue. f. City Court Judge, $4,200.00 per year instead of $3,000.00. g. City Court Solicitor, $3,600.00 per year instead of $2,800.00. This 30th day of January, 1968. /s/ Jones Lane Representative from Bulloch County /s/ Paul Nessmith, Sr. Representative from Bulloch County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 64 District, 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 Bulloch County, on the following dates: January 30, February 6, and 13, 1968. /s/ Paul E. Nessmith, Sr. Representative, 64 District Sworn to and subscribed before me this 26 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 9, 1968.
Page 3445
BULLOCH COUNTYSALARIES OF EMPLOYEES OF TAX COMMISSIONER. No. 1116 (House Bill No. 1567). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, by an Act approved February 22, 1943 (Ga. L. 1943, p. 839), an Act approved March 3, 1947 (Ga. L. 1947, p. 277), an Act approved February 3, 1949 (Ga. L. 1949, p. 170), an Act approved February 21, 1951 (Ga. L. 1951, p. 2938), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3058), an Act approved February 26, 1957 (Ga. L. 1957, p. 2242), an Act approved March 17, 1960 (Ga. L. 1960, p. 2592), and by an Act approved March 30, 1965 (Ga. L. 1965, p. 2967), so as to change the provisions relating to the compensation of the assistants for the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, by an Act approved February 22, 1943 (Ga. L. 1943, p. 839), an Act approved March 3, 1947 (Ga. L. 1947, p. 277), an Act approved February 3, 1949 (Ga. L. 1949, p. 170), an Act approved February 21, 1951 (Ga. L. 1951, p. 2938), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3058), an Act approved February 26, 1957 (Ga. L. 1957, p. 2242), an Act approved March 17, 1960 (Ga. L. 1960, p. 2592), and by an Act approved March 30, 1965 (Ga. L. 1965, p. 2967), is hereby amended by striking from the last sentence of section 8 the figure $3,600.00 and the figure $3,000.00 and inserting in lieu thereof the figure $4,200.00 and the figure $3,600.00, respectively, so that when so amended section 8 shall read as follows: Section 8. The tax commissioner shall be compensated in the amount of $4,800.00 per annum, payable in equal
Page 3446
monthly installments from the funds of Bulloch County. This shall be full compensation for all duties performed by him as receiver and collector of county, school district, school, school bond and all similar taxes. Such compensation shall be in lieu of all fees received and collected by the tax commissioner, and such fees shall be the property and funds of the county and shall be turned over to the county by the tax commissioner. The tax commissioner is hereby authorized to employ two assistants. The first such assistant shall receive a salary not to exceed $4,200.00 per annum, payable in equal monthly installments from the funds of Bulloch County, and the second such assistant shall receive a salary not to exceed $3,600.00 per annum payable in equal monthly installments from the funds of Bulloch County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce a bill in the 1968 session of the General Assembly of Georgia to provide the following: 1. Increase present compensation for secretarial assistance for the board of commissioners of Bulloch County, Georgia to a maximum of $4,800.00 per year. 2. Increase the tax commissioner's assistants of Bulloch County, Georgia. The first such assistant shall receive a salary not to exceed $4,200.00 per annum, payable in equal monthly installments from the funds of Bulloch County, and the second such assistant shall receive a salary not to exceed $3,600.00 per annum payable in equal monthly installments from the funds of Bulloch County.
Page 3447
This 17th day of January, 1968. Jones Lane (Representative from Bulloch County) Paul Nessmith, Sr. (Representative from Bulloch County) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 64th District, 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 Bulloch County on the following dates: January 17, 24, 31, 1968. /s/ Paul Nessmith, Sr. Representative, 64th District Sworn to and subscribed before me this 26 day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 9, 1968.
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TOWN OF BROOKLETPUNISHMENT FOR VIOLATING ORDINANCE. No. 1117 (House Bill No. 1570). An Act to amend an Act incorporating the Town of Brooklet in Bulloch County, approved August 21, 1906 (Ga. L. 1906, p. 548), as amended, by an Act approved August 9, 1911 (Ga. L. 1911, p. 853), and by an Act approved April 6, 1967 (Ga. L. 1967, p. 2997), so as to change the provisions relating to fines for violations of ordinances, charter provisions and bylaws; 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 Brooklet in Bulloch County, approved August 21, 1906 (Ga. L. 1906, p. 548), as amended, by an Act approved August 9, 1911 (Ga. L. 1911, p. 853), and by an Act approved April 6, 1967 (Ga. L. 1967, p. 2997), is hereby amended by striking from section 21 the words fifty dollars and inserting in lieu thereof the words two hundred dollars, so that when so amended section 21 shall read as follows: Section 21. Be it enacted, That the mayor and council of Brooklet shall have power and authority to pass and enforce any ordinances providing for the arrest, trial and punishment of any offenders against the charter and bylaws and ordinances of said town, passed in accordance with this charter, by fine, imprisonment, or work on the streets, one or more of said punishments; provided, said fines shall not exceed the sum of two hundred dollars and said imprisonment or period of labor shall not exceed sixty days. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the January, 1968, Session of the General Assembly of Georgia
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to amend the charter of the Town of Brooklet (Ga. L. 1906, p. 548, as amended) so as to increase the maximum fine for violation of ordinances of the Town of Brooklet from fifty dollars to two hundred dollars. This January 24, 1968. W. Jones Lane Representative 64th District Paul E. Nessmith, Jr. Representative 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Nessmith, Sr., who, on oath, deposes and says that he is Representative from the 64th District, 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 Bulloch County, on the following dates: January 24, 31, and February 7, 1968. /s/ Paul E. Nessmith, Sr. Representative, 64th District Sworn to and subscribed before me this 26 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 9, 1968.
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POLK COUNTYANNUAL AUDITS. No. 1118 (House Bill No. 1571). An Act to require the board of commissioners of roads and revenues of Polk County, Georgia, to conduct an annual audit of finances, financial records and books of Polk County; to provide the content of all such audits; to provide for the appointment, qualification and compensation of any such auditors; to prescribe the duties of the auditors; to provide for the publication of a summary of such audit; 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 Polk County, Georgia, to conduct an annual audit of the finances, financial records and books of Polk County, in accordance with the provisions hereinafter set forth. Audits. Section 2. The board of commissioners of roads and revenues of Polk County shall annually, employ a certified public accountant or firm of certified public accountants who shall have practiced as such in the State of Georgia under certificates issued by this state, for at least two years, for the making of an annual audit of finances, financial records and books of the board of commissioners of roads and revenues of Polk County. The board of commissioners of roads and revenues of Polk County may also engage a certified public accountant or firm of certified public accountants to make an audit of the finances, financial records and books for each separate department within the County of Polk which in any way receives or disburses county funds or finances, financial records and books of such other county offices and officers at such time as they see fit. Same. The accountant so employed shall make the audit provided for herein in accordance with generally accepted accounting principles, and shall perform a complete audit
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for the preceding year and such other period of time as the governing authority may direct and shall point out any irregularity found to exist. Section 3. Each annual audit submitted to the board of commissioners of roads and revenues of Polk County, Georgia, shall be filed with the clerk of the board, and shall be available for public inspection as other records in such office. The board shall cause to be published in the official organ of Polk County, in which the sheriff's advertisements regularly appear, and posted at the courthouse door a summary of each such audit. Said accountant shall transmit to the grand jury of the superior court of Polk County, which convenes immediately preceding the completion of said audit, a copy of each audit prepared and furnished to the board of commissioners of roads and revenues of Polk County. Publication. Section 4. The compensation of such certified public accountant or firm of certified public accountants shall be fixed by agreement between the board of commissioners of roads and revenues and the certified public accountant or firm of certified public accountants selected to make such audit. Compensation. 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, 1968, Session of the General Assembly of Georgia, an act to require the board of commissioners of roads and revenues of Polk County, Georgia, to conduct an audit of finances, financial records and books of Polk County; to provide the content of all such audits; to provide for the appointment, qualifications and compensation of auditors and prescribe the duties thereof, and to provide for publication of a summary of such audit. This 17 day of January, 1968. Nathan Dean Representative, 20th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan Dean who, on oath, deposes and says that he is Representative from the 20th District, 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 Polk County, on the following dates: January 22, January 29 and February 5, 1968. /s/ Nathan Dean Representative, 20th District Sworn to and subscribed before me this 26 day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved April 9, 1968. COMPENSATION TO MISS MARGARET ECHOLS. No. 225 (House Resolution No. 542-1183). A Resolution. Compensating Miss Margaret Echols; and for other purposes. Whereas, the automobile of Miss Margaret Echols was damaged when a tractor being operated by an inmate of Central State Hospital struck her automobile while it was parked on the grounds of said hospital; and Whereas, the sum of fifty ($50.00) dollars was required to be expended by Miss Echols in repairing the damage caused by said collision.
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Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Health is hereby authorized and instructed to pay the sum of fifty ($50.00) dollars to Miss Margaret Echols as compensation for her damages arising out of said occurrence. Said sum shall be paid from the funds appropriated and available to the Department of Public Health and shall be in full and complete satisfaction of any and all claims against the State of Georgia arising out of said occurrence. Approved April 9, 1968. FULTON COUNTYDUTIES OF TAX COMMISSIONER, ETC. No. 1131 (Senate Bill No. 310). An Act to amend An Act to require the tax receiver or tax commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County; to require the use of a consolidated form for the return of such property for state, county and Atlanta taxes; to require the preparation of digests from such returns; to require the tax collector or tax commissioner of Fulton County to bill for taxes due on such returns to the City of Atlanta on property in Fulton County and from residents of Fulton County; to require the tax collector or tax commissioner of Fulton County to receive all payments of such taxes, including interest, made by December 1st of any year; to provide for paying over all sums collected by the tax collector or tax receiver on behalf of the City of Atlanta to said city; to provide for the payment of state and county taxes in installments; to provide for the apportionment of partial payments; to provide that authorized representatives of the City of Atlanta shall have access to appropriate records of the tax receiver, tax collector or tax commissioner of Fulton County; to provide that the tax collector or tax commissioner of Fulton County shall give a bond payable to the City
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of Atlanta; to fix the compensation of the tax receiver, tax collector or tax commissioner of Fulton County for such services rendered to the City of Atlanta; to make this bill contingent on the adoption of a constitutional amendment; and for other purposes, approved February 21, 1951 (Ga. L. 1951, pp. 3087, et seq.) as amended by Georgia Laws 1953, January-February Session, pages 2809-13, and November-December Session, pages 2733-35, and Georgia Laws of 1955, pages 2088-91, so as to authorize the tax commissioner of Fulton County to receive tax returns and collect taxes due the City of Atlanta located in Fulton County and DeKalb County; so as to vest the tax commissioner of Fulton County with all powers and authorities now vested in the municipal revenue collector of the City of Atlanta and ex officio marshal of the City of Atlanta for the collection of delinquent taxes of the City of Atlanta in Fulton and DeKalb Counties and in performing all of the activities that may be necessary for the tax commissioner of Fulton County to collect taxes and delinquent taxes which may be due to the City of Atlanta; 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 described in the caption hereof (Ga. L. 1951, pp. 3087-3091) as heretofore amended be further amended as follows: Section 1. By striking section 1 and inserting in lieu thereof a new section 1 as follows: Section 1. The tax receiver or tax commissioner of Fulton County shall receive all tax returns for the City of Atlanta of all taxable property in the City of Atlanta lying and being situated in Fulton County and DeKalb County. It shall be the duty of such officer to prepare consolidated tax return forms providing for the return of all taxable property in Fulton County for taxation by the State of Georgia, Fulton County and the City of Atlanta and to cause such consolidated return forms to be used for the return of such property. It shall be the duty of such officer to prepare
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tax return forms providing for the return of all taxable property in the City of Atlanta lying and being situated in DeKalb County for taxation by the City of Atlanta and to cause such return forms to be used for the return of such property. Duties. Section 2. By striking section 3 as heretofore amended and substituting in lieu thereof a new section 3, to read as follows: Section 3. The tax collector or tax commissioner of Fulton County shall bill for all taxes due to the City of Atlanta on property in Fulton County and DeKalb County. He shall also receive all payments of such taxes, including interest and fi fa costs thereon. Same. Section 3. A new section to be known as section 3 (1) shall be added, which shall read as follows: Section 3 (1). Effective January 1, 1969, and thereafter, the tax collector or tax commissioner of Fulton County, as ex officio sheriff of Fulton County, shall collect all delinquent taxes due to the City of Atlanta on property in the City of Atlanta in Fulton County and in DeKalb County with the same powers and authorities now held by the municipal revenue collector and ex officio marshal of the City of Atlanta when requested by the City of Atlanta. The tax collector or tax commissioner of Fulton County shall advertise for sale and sell property on which taxes are due to the City of Atlanta and are delinquent. Collection of taxes. Section 4. A new section to be known as section 3 (2) shall be added which shall read as follows: Section 3 (2). As compensation for such services to the City of Atlanta performed by the tax collector or tax commissioner of Fulton County in the preparation of tax forms, billing for taxes, the receiving of returns and the collection of current and delinquent taxes, the tax collector or tax commissioner of Fulton County shall retain a percentage of the taxes collected amounting to the actual cost of rendering all of such services provided for in this Act from
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sums collected for the City of Atlanta. The amount retained for such services shall be paid into the county treasury by the tax collector or tax commissioner and shall become a part of the general funds of Fulton County. Compensation. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Section 5. 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 of the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. See Enrolled Act for affidavit and advertisement. Approved April 9, 1968. DEKALB COUNTYPLANNING COMMISSION ACT AMENDED. No. 1137 (Senate Bill No. 328). An Act to amend an Act establishing the DeKalb County Planning Commission and empowering it, inter alia , to adopt a mapped streets plan approved March 9, 1956, (Ga. L. 1956, p. 3332, et seq .), as amended, so as to include within the definition of streets right-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the DeKalb County Planning Commission and empowering it, inter alia , to adopt a
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mapped streets plan approved March 9, 1956, (Ga. L. 1956, p. 3332, et seq.), as amended, is further amended by inserting in section 26 of said Act between the words ways and subdivision, the following words: and also means, relates to and includes right-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; so that said section as amended hereby shall read as follows: Section 26. Definitions . For purposes of this Act the term `street' or `streets' means, relates to, and includes, streets, avenues, boulevards, roads, highways, expressways, lanes, alleys and other ways and also means, relates to and includes right-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; `subdivision' means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes re-subdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition: (1) The combination or recombination of portions or previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the county or municipality; (2) The division of land into parcels of five acres or more where no new street is involved. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1968.
Page 3458
EVANS COUNTYSALARY OF DEPUTY SHERIFF. No. 1139 (Senate Bill No. 340). An Act to amend an Act abolishing the present mode of compensating the sheriff of Evans County, known as the fee system, and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2416), so as to change the compensation of the deputy sheriff; 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 present mode of compensating the Sheriff of Evans County, known as the fee system, and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2416), is hereby amended by striking from section 4 the following language: provided, however, the salary for said deputy shall be $4,800.00 per annum., and inserting in lieu thereof the following language: provided, however, the salary for said deputy shall be $5,200.00 per annum., so that when so amended section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint one deputy and such clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The sheriff shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee; provided, however, the salary for said deputy shall be $5,200.00 per annum. However, it shall be within the sole discretion of the governing authority of Evans County to fix the compensation to be received by each employee in said office. It shall be within the sole power
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and authority of the sheriff, during his term of office to designate and name the person or persons who shall be employed as such deputy, 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 2. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1968. EVANS COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 1140 (Senate Bill No. 341). An Act to amend an Act fixing the compensation of the clerk of the superior court of Evans County, approved March 17, 1960 (Ga. L. 1960, p. 2973), as amended, by an Act approved March 30, 1963 (Ga. L. 1963, p. 2914), so as to change the salary of the clerk of the superior court of Evans County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the clerk of the superior court of Evans County, approved March 17, 1960 (Ga. L. 1960, p. 2973), as amended by an Act approved March 30, 1963 (Ga. L. 1963, p. 2914), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows:
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Section 2. The clerk of the superior court of Evans County shall receive a salary of $7,200.00 per annum payable in equal monthly installments from the funds of the county. The salary herein provided shall be the sole compensation of the clerk of the superior court of Evans County whether he be ex officio clerk of other courts or not. Section 2. This Act shall become effective on January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertistment. Approved April 9, 1968. EVANS COUNTYSALARIES OF COMMISSIONERS OF ROADS AND REVENUES AND CLERK. No. 1141 (Senate Bill No. 342). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Evans, State of Georgia, approved August 16, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved August 16, 1920 (Ga. L. 1920, p. 515), by an Act approved August 4, 1927 (Ga. L. 1927, p. 576), and by an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2502), so as to change the compensation of the chairman and members of said board; to change the provisions relating to the compensation of the clerk of the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Evans, State of Georgia, approved August 16, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved August 16, 1920
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(Ga. L. 1920, p. 515), by an Act approved August 4, 1927 (Ga. L. 1927, p. 576), and by an Act approved December 11, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 2502), is hereby amended by striking section 15 in its entirety and substituting in lieu thereof a new section 15 to read as follows: Section 15. (a) The commissioners shall at their first meeting elect a chairman of said board from their own membership who shall act as such chairman during the entire time of said board. Said commissioners, before entering upon their duties as such, shall take an oath before the ordinary for the faithful performance of their duties. The members of said board of commissioners of roads and revenues of Evans County, other than the chairman, shall receive as their compensation the sum of $100.00 per month, and the chairman shall receive as his compensation the sum of $150.00 per month. (b) Said commissioners shall elect a clerk of said board whose duty it shall be to keep a record of the actings and doings of the said Board at the courthouse in said county, said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board, and he shall perform such other duties as may be assigned him by said board, and he shall keep all the books and records of his office in a neat, first class and businesslike condition at all times. He shall receive compensation for all his duties as such clerk in such amount as shall be prescribed by said board. Said clerk shall not be a member of said board of commissioners. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1968.
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TOWN OF RAYLEINCORPORATED, REFERENDUM. No. 1142 (Senate Bill No. 382). An Act to create and incorporate the Town of Rayle in the County of Wilkes; to grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said town; to declare the rights, powers, privileges and liabilities of said town; to authorize said town to levy and collect taxes for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks and other facilities and utilities deemed useful in the operation and management of the said town; to provide for the granting of franchises to persons, firms, or corporations for construction and maintenance of public utilities; to declare and define the police powers of said town; to provide for the initial appointment of the Mayor and Council of said town and thereafter the election of the Mayor and Councilmen of said town; to provide for passage of ordinances and the granting of licenses for the conduct of business; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Town of Rayle in the County of Wilkes is hereby incorporated as a town under the name and style of the Town of Rayle, and as such constitutes a body politic and corporate of said State and county and by that name and style shall have perpetual succession with full powers to govern itself by such ordinances, by-laws, rules and regulations for municipal purposes as may be deemed proper and not conflict with this charter, the Constitution or laws of this State or these United States of America. Said town 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 perpetuity or for any term, and any estate, real or personal, or lands, tenements, hereditaments of any kind, within or without the limits of said town, for corporate purposes; to sue, manage, improve,
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sell, convey, rent or lease any such estate or property; to have and use a common seal; and perform all acts necessary or incident to its corporate existence or capacity. Incorporated. Section 2. The corporate limits of the Town of Rayle shall embrace all that territory encompassed within the following described tract of land: Beginning at a point located in the center of U. S. Highway 78, which point is located 7/10 of a mile east of the center of the intersection formed by Philomath Road and said U. S. Highway 78 and proceeding in a northerly direction along a line running perpendicular to said U. S. Highway 78 for a distance of 1/10 of a mile; thence in a westerly direction for a distance of 2 miles along a line running parallel to said U. S. Highway 78 to a point; thence in a southerly direction for a distance of 5/10 of a mile along a line running perpendicular to U. S. Highway 78 to a point; thence in an easterly direction for a distance of 2 miles along a line running parallel to U. S. Highway 78 to a point; thence in a northerly direction for a distance of 4/10 of a mile to a point, which point is the point of beginning. Corporate limits. Section 3. The government of the Town of Rayle shall be vested in a mayor and three councilmen, initially appointed and thereafter chosen as hereinafter provided; the mayor and councilmen shall collectively be known as the Town Council of Rayle (hereinafter referred to as Town Council or Council) in which all legislative powers shall be vested; provided, however, all revenue raising measures, including the provision for compensation for all agents and employees of the town, the purchase of any or all equipment and supplies or personal services, and the execution of any and all contracts or agreements involving finance with any person, corporation or governmental agency; and all measures in connection with the levy of taxes or assessments may be passed by the council only through the confirmation of the town assembly as hereinafter provided. The town assembly shall be composed of all of the eligible voters of the Town of Rayle who shall hold town meetings from time to time. At any such time of assembly meetings or town meetings, at least fifteen percentum of the eligible voters of the Town of Rayle shall constitute a quorum; the first of such town
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meetings shall be held at a time and place to be designated by the clerk named in this charter, after such clerk has given due and proper notice of such meetings as hereinafter provided, and at such meetings the assembly of the town shall elect a mayor and three councilmen and also provide for and designate a regular time and place for all future regular meetings of the town assembly. The town council shall meet at such specified time and place as may be provided by ordinance. Special meetings may be called at any time by the mayor, provided not less than 24 hours public notice is given of special meetings. All meetings of the town council shall be open to all qualified voters of the town. The town council shall have the authority, subject to limitations above set forth to appoint a town marshal, a town clerk, a town attorney and a town secretary. In all matters involving the town budget, the raising of revenue and any and all matters involving contracting, purchasing or finance, a majority of those present and eligible to vote shall be sufficient for confirmation or rejection of proposals and presentments made by the town council, provided there is a quorum at such meetings. Government. Section 4. No person shall be eligible to hold the office of mayor or councilman of said town unless he or she is twenty-one (21) years of age and is a qualified elector of said town who shall have continuously resided and maintained his or her domicile therein for at least six (6) months immediately preceding his election. Mayor and councilmen. Section 5. The mayor shall be the chief executive officer of said town and it shall be his duty to preside at all meetings of the town council; to see that all meetings are conducted in a parliamentary manner; to preserve order and decorum in such meetings; to inflict punishment upon any person guilty of contempt before said council as by authorized municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the town council of said town are faithfully executed and enforced; to appoint an ex officio to be a member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the town council from time to time of the general condition of said town and
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its affairs and to recommend such measures as he may deem necessary or expedient for the welfare of said town; to inspect or cause to be inspected by one or more of the councilmen of said town the records and see that they are properly and correctly kept; to require that such reports be made by such officers to the council as he may deem proper; to see that order is maintained and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said town; shall have the authority to convene the town council in extraordinary session, provided at least twenty-four (24) hours public notice is given; to preside in the police court of Rayle and he is hereby given full authority to sit as a committing magistrate; to try all persons charged with the violation of any such ordinance of said town; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of the council by imposing such sentence or penalty as may be authorized by the ordinances of said town; to bind said town by signing all contracts authorized by ordinances or resolutions of the town council of said town, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said town and as may be hereinafter authorized. Mayor. Section 6. On all questions before the town council the mayor shall be entitled to vote only in case of a tie, and not otherwise; provided, however, that every ordinance and resolution passed and every appointment or election of an officer or employee by the said town council shall be subject to the veto of the mayor in the following manner: The mayor shall within three (3) days write out his objection to such resolutions, ordinance, appointment, or election and the said town council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered into the minutes and take a vote on the question of whether said ordinance, resolution or otherwise action shall be adopted over said veto. Should as many as two (2) councilmen vote in the affirmative, said resolution, ordinance, or other action shall stand affirmed and become effective without the approval of the mayor; otherwise,
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not. The Ayes and Nays shall in all cases be entered in the minutes. Ordinances, etc. Section 7. There be and is hereby designated and named B. S. Armour, interim clerk of Rayle, who immediately take office upon the approval of this Act as hereinafter provided, upon taking the oath of office herein prescribed, and within forty-five (45) days after assuming such office, such interim clerk shall open the registration books for all qualified voters of the Town of Rayle, and at the end of the said forty-five (45) day period, the interim clerk shall close the registration books and provide for a time and place for a meeting by the town assembly and by giving ten (10) days public notice, immediately after closing said registration books and such meeting of the town assembly to be held on some evening other than Wednesday or Sunday; and at which meeting the town assembly shall elect by majority vote a mayor and three councilmen to serve until their successors are elected and qualified at an election held in said town as provided in section 8 of this Act or until a vacancy occurs as provided in section 9 of this Act. Interim clerk. Section 8. On the first Tuesday in June, 1968, and on the first Tuesday in June each two years thereafter, there shall be elected a mayor and three councilmen for said town by the qualified registered voters therein. Each of said officers shall be elected to serve a term of two years from July 1 following their election and until their successors are elected and qualified. Any candidate for the post of mayor or councilman shall announce which posiltion he shall stand for and the candidate receiving the most votes for each position shall be declared the winner of that particular position. Such official shall be elected by a plurality of the vote cast for such position in the election held for such purpose. The persons so appointed, as above provided, and thereafter elected as herein provided as mayor and councilmen of said town shall on or before the day of assuming office qualify by taking and subscribing before some officer authorized by law to administer oaths, the following oath: I, (A. B.), do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) by adopting such measures as in my judgment shall be best
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calculated to promote the general welfare of the inhabitants of the Town of Rayle and the common interest thereof. So help me God. Such oath shall be filed with the town secretary, who shall spread the same upon the minutes of the meetings of the town council, next following such filing, unless such oath is filed during a regular meeting of the said town council, in which latter case such oath shall be spread upon the minutes of the meeting then in session. Terms, etc. Section 9. In the event that the office of mayor or the office of any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selected by the town council in the case of a vacancy in the office of clerk, and persons so elected shall be duly qualified to fill such vacancies for the unexpired terms. Vacancies. Should the mayor or any member of the town council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may, in the discretion of the council, be declared vacant and the vacancy filled as above prescribed. Same. Section 10. The town council of said town shall be and it is hereby authorized, without any further specific authorization on the part of the General Assembly, to create by proper ordinance such other offices and departments and to prescribe their functions and the duties of the affairs and employees of said departments as it may deem necessary and to the best interests of the Town of Rayle, subject to the approval of the town assembly. Section 11. In all elections held under the charter of the Town of Rayle, all persons shall be allowed to vote who are duly registered as hereinafter provided. Any person shall be allowed to vote in town elections if he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly and who has continuously resided in the corporate limits of said town for a period of at least six months prior to said election and
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shall have registered as a qualified voter in the manner hereinafter provided. Section 12. The town council shall provide for the permanent registration of the qualified voters thereof, by providing a book for such purposes so that registration therein is all that is required so long as all other qualifications required by such registration are retained by the person registering in said book. Each person presenting himself for registration shall be administered the following oath: You do solemnly swear that you are a citizen of these United States of America; that you have resided in the Town of Rayle six months before the next election to be held in the said town, that you are eligible to vote in elections for members of the General Assembly of Georgia, and that you have met all requirements required of you by the ordinances of said town, so help you God., upon which the Secretary or other official in charge of said registration shall register the name, age, and occupation of said person, and the secretary shall keep the permanent registration book open in the clerk's office during the regular and ordinary times said office is open for the transaction of business; provided, that the secretary shall close the permanent registration book fifteen (15) days before the holding of said election, either special or general. After closing the book as aforesaid, the Secretary or other designated official so named by the town council shall prepare a list of voters for such election and the secretary shall furnish such list arranged in alphabetical order of all registered, qualified voters to the election managers, which election managers shall be appointed by the town council. In making such a registration book, those who registered less than fifteen (15) days before a special or general election as well as those who have died, no longer reside within the corporate limits of the town, or who have disqualified themselves as aforesaid in any way as legally qualified voters. The managers on said list to vote except as hereafter provided. Section 13. In case an elector is not allowed to register by the secretary or whose name is left off the list of qualified voters by the secretary, he shall have the right of appeal to the town council, whose findings shall be final. Said
Page 3469
appeal may be made immediately upon the elector's determining this fact and the town council shall immediately assemble and hear the appeal de novo. Said hearing shall be before the polls are closed for the election at which such elector desires to vote, whether special or general, so that a voter may not be removed from the list without a final hearing before the polls are closed at said election. The secretary must revise and purge the list of qualified voters as aforesaid before such election, both general and special. When the name of an elector is stricken from the list of qualified voters for any cause, it can only be re-entered thereon by action of the secretary, after having been properly authorized to do so in writing by the town council, which authorization shall be sixty (60) days after said election be kept in the permanent records of the town. Same. Section 14. The polls for the holding of all elections in and for the Town of Rayle shall be open at 7:00 a. m. and shall remain open until 7:00 p. m., Eastern Standard Time or such other time as shall hereafter be prescribed as the official time of the State of Georgia. The managers of each election shall certify the results thereof to the town council, which shall in the presence of and together with the several managers, consolidate the returns of said election and declare the results thereof, and which shall record same on the minutes of the town council, and said record will be the evidence of the results of said election. Elections. Section 15. The town council of said town shall have the authority to levy and collect an ad valorem tax on all property, both real and personal, within the limits of said town, not to exceed the constitutional limits as now or may hereafter exist under the laws of the State of Georgia; provided, however, that no ad valorem tax shall be levied or collected by said town until approved by a majority of all votes cast by qualified and registered voters in a special referendum called for the specific purpose of approving or rejecting said taxes. In any special referendum called for this purpose, the general rules regarding special and general elections shall apply as before named in this Act. Taxation. Section 16. The town council of said town shall have the full power and authority to license, regulate and control all
Page 3470
business and activities of every kind and character carried on within the corporate limits of said town, including, but not limited to, markets, taverns, hotels, restaurants, cafes, recreation establishments, poolrooms, theatres, circuses, traders of all kinds, stores, sideshows and other shows, slaughter houses, any games operated by coin devices, tanyards, used or new automobile places, wrecking establishments; all sales of all kinds of beverages, beer, wine and liquors; and all businesses, occupations, professions, callings, trades, or avocations, which under the laws of this State are subject to license. Business license. Section 17. The town council of said town may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health, morals, or general welfare of the inhabitants of said town, but no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before the said town council, the said notice setting forth the time and place of the hearing of the revocation of such license. The decision of said town council of said town, after such hearing, shall be final. Same. Section 18. The town council of said town shall have the power and authority to prevent hogs and goats from running at large in said town, and to regulate the manner in which such animals or fowl may be kept so as to prevent their becoming a public nuisance. Animals. Section 19. Said town shall have full and complete power to open, lay out, grade, widen, construct, pave, repave, curb and otherwise improve any and all streets, sidewalks, ways and roads, and to maintain, relocate, repair, extend, abandon, or close them; and shall have the full powers and rights for eminent domain in the furtherance of the above or any other corporate rights of said town. Streets, etc. Section 20. Said Town of Rayle shall have full power and authority to furnish water, gas and heat for the public use
Page 3471
of said town, and for private use and charge therefor; and to own, construct, enlarge, operate and maintain a system of waterworks and sewerage and gas. Said town council shall have full power and authority to grant franchises to any or all public utilities to such private persons, firms, or corporations as may be licensed to do such business in said town. Utilities. Section 21. In addition to the power and authority vested in the Town of Rayle, 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 town 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 this State, or of the United States of America: Ordinances, etc. (a) To protect and advance the morals of said town; to secure peace, good order, and quiet in said town; and to protect the health and welfare of said town, to prevent the sperad of and to suppress infectious, contagious, or dangerous diseases in said town; (b) To own and regulate cemeteries and parks, either within or without said town, to own or contribute to the support and maintenance of a swimming pool, library, golf course, parks and playgrounds, either within or without the corporate limits of said town; (c) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said town; to regulate or prohibit the sale and shooting of fireworks and other explosives in said town; (d) To prevent or condemn encroachment or obstructions in, upon or over any sidewalk, street, or alley, and to require removal of such; (e) To establish, equip, and maintain a fire department; (f) To define and prohibit nuisances within the corporate limits of said town, and to prescribe the mode of trial for all nuisances cases, and to abate the same.
Page 3472
(g) To prescribe and regulate the use of its streets and roads and to classify such streets and roads and to regulate the use thereof according to such classifications; to limit and regulate the speed of all animals, trains, engines, vehicles or motor vehicles on said streets or roads and the operation thereof; (h) To suppress and prohibit houses where illegal, immoral, or disorderly practices or conduct are had; and (i) To provide a uniform scale of costs of the secretary and police officers of said town 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 town treasury. Section 22. 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 Wilkes County to issue the call for an election for the purposes of submitting this Act to the voters of the Town of Rayle for approval or rejection. The ordinary shall set the date of such election for a day not less than ten (10) nor more than twenty (20) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published for two weeks immediately preceding the date thereof in the official organ of Wilkes County. The ballot shall have written or printed thereon the words: YES () NO () Shall an Act incorporating the Town of Rayle be approved? Referendum. All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. 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
Page 3473
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 23. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1968. BERRIEN COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 1143 (House Bill No. 392). An Act to amend an Act creating the office of tax commissioner of Berrien County, approved July 3, 1931 (Ga. L. 1931, p. 390), as amended by an Act approved March 8, 1945 (Ga. L. 1945, p. 1078), and an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2653), so as to place the tax commissioner on an annual salary; to provide for the disposition of all fees, commissions and emoluments formerly allowed the tax commissioner; to provide for assistants and their compensation; to provide an allowance for office supplies and 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. An Act creating the office of tax commissioner of Berrien County, approved July 3, 1931 (Ga. L. 1931, p. 390), as amended by an Act approved March 8, 1945 (Ga. L. 1945, p. 1078), and an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2653), is hereby amended by striking in their entirety sections 9 and 10 and substituting in lieu thereof the following new sections:
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Section 9. The tax commissioner shall receive for his services as such an annual salary of $8,400.00 payable in equal monthly installments from the funds of Berrien County. The governing authority of Berrien County shall make available the sum of $6,000.00 per annum for the purpose of compensating such personnel as the tax commissioner shall deem necessary to assist him in discharging the official duties of his office. On or before the 15th day of December of each year, the tax commissioner shall submit to the fiscal authorities of Berrien County a proposed budget covering the anticipated needs of his office for the ensuing fiscal year for office supplies and materials. On or before the 31st day of December, the fiscal authorities of Berrien County shall make available such sums as in their judgment will be necessary to meet such expenses, payable as such authorities may prescribe. Section 10. 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 Berrien 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. Laws 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. Laws 1937-38, Ex. Sess., p. 297), as amended. Section 2. The provisions of this Act shall become effective on January 1, 1969.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1968. CITY OF CLAXTONCOMPENSATION OF MAYOR AND COUNCILMEN. No. 1144 (Senate Bill No. 407). An Act to amend an Act granting a new charter to the City of Claxton, in the County of Evans, approved April 5, 1961 (Ga. L. 1961, p. 3312), as amended, so as to change the provisions relating to 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 granting a new charter to the City of Claxton, in the County of Evans, approved April 5, 1961 (Ga. L. 1961, p. 3312), as amended, is hereby amended by striking from the end of subsection (a) of section 7 the following: The compensation of the mayor shall be fixed in the discretion of the mayor and councilmen, and shall not exceed five hundred dollars per annum. The compensation of the councilmen shall be fixed by the mayor and councilmen, and shall not exceed two hundred dollars per annum each. The compensation of the clerk, marshal, superintendent of waterworks, and any and all other officers and employees of said City of Claxton shall be fixed by the mayor and councilmen as in their discretion is just and proper., and by adding a new subsection at the end of section 7 to be designated subsection (d) to read as follows: (d) The compensation of the mayor shall be fixed in the discretion of the mayor and councilmen and shall not exceed
Page 3476
$1,200.00 per annum. The compensation of the councilmen shall be fixed by the mayor and councilmen and shall not exceed $600.00 per annum each. The compensation of the mayor and councilmen when so fixed, as provided herein, shall be paid in equal monthly installments from the funds of the City of Claxton. The compensation of the clerk, marshal, superintendent of waterworks, and any and all other officers and employees of said City of Claxton shall be fixed by the mayor and councilmen as in their discretion is just and proper. Section 2. Said Act is further amended by striking subsection (a) of section 8 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Said court shall be held on Monday of each week when necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof. In addition to the compensation of the mayor provided for in subsection (d) of section 7, the mayor shall receive the sum of $15.00 for each day said court is held. The clerk of the city shall act as clerk of the court, and the chief of police of the city shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinance of said city or by the orders of the judge of said court. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1968.
Page 3477
ACT CREATING PLANNING COMMISSIONS AND BOARDS OF ZONING APPEALS IN CERTAIN COUNTIES AMENDED (300,000 OR MORE). No. 1148 (Senate Bill No. 190). An Act to amend an Act entitled An Act to create and establish for counties having a population of 300,000 or more inhabitants by the last or any future census of the United States a county planning commission and board of zoning appeals and to authorize the board of commissioners of roads and revenues or other governing authorities for such counties to create a county planning commission;..... and for other purposes approved February 15, 1952 (Ga. L. 1952, p. 2689, et seq.), amended March 23, 1960 (Ga. L. 1960, pp. 3206, et seq.) so as to eliminate the exception to undertaking establishments, cemeteries and mausoleums in residential or apartment areas from the use which may be permitted under the special use permit provisions, thus permitting such use under the provisions of the Act as amended; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act entitled An Act to create and establish for counties having a population of 300,000 or more inhabitants by the last or any future census of the United States a county planning commission and board of zoning appeals and to authorize the board of commissioners of roads and revenues or other governing authorities for such counties to create a county planning commission;..... and for other purposes approved February 15, 1952 (Ga. L. 1952, p. 2689, et seq.), amended March 23, 1960 (Ga. L. 1960, pp. 3206 et seq.) is further amended as follows: (a) Section 10 (a) of said Act as amended is hereby further amended by eliminating the following after the words from which they otherwise would be prohibited: except undertaking establishments, cemeteries and mausoleums in residential or apartment areas
Page 3478
so that said section 10 (a) when so amended shall read as follows: Section 10(a). The governing authority of the county may, from time to time, by special use permit, authorize such uses as it may prescribe in any established district from which they otherwise would be prohibited, and may impose upon such permit such reasonable conditions as it may prescribe; provided, however, that any use so permitted shall (a) be generally in keeping with the comprehensive plan and (b) serve the public convenience and welfare; and provided further, that no such special use permit shall be granted unless and until the application therefor shall have been submitted to the planning board and the governing authority shall have held a public hearing thereon, as provided in cases of amendments to the zoning regulations under the provisions of this Act. The granting of any such special use permit shall not affect the basic districting and use classifications of the area upon which it is imposed; and, when the area shall cease to be used for the purpose for which the special use permit was granted, or in accordance with the conditions imposed thereby, it shall thereupon without the necessity of any further action, be subject to the basic use classifications and districting provided by the comprehensive plan prior to the issuance of the special use permit. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 10, 1968.
Page 3479
SALARIES OF SHERIFFS IN CERTAIN COUNTIES (500,000 OR MORE). No. 1151 (Senate Bill No. 236). An Act to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; to provide that the increased compensation provided by this Act shall not increase the amount of pension payable upon retirement; to provide for an effective date; to specifically repeal certain laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The annual salary of the sheriff of all counties in the State having a population of 500,000 or more, according to the 1960 United States Census, or any future such census, shall be $16,500.00. Said salary shall be payable in equal monthly installments out of the treasuries of such counties. The increased compensation provided by this Act shall not operate to increase the amount of pension payable upon retirement to the officers whose compensation is thus increased. Before the increased compensation shall be due and payable, such officers shall execute a written waiver to be prepared by the county attorney in which such officer shall agree that the increased compensation provided herein shall not operate to increase the amount of the pension payable to such officers upon retirement. Section 2. This Act shall become effective on January 1, 1969. Effective date. Section 3. An Act providing for the salary of the sheriff in certain counties, approved April 4, 1963 (Ga. L. 1963, p. 2944), is hereby repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968.
Page 3480
DUTIES OF PLANNING DEPARTMENTS IN CERTAIN COUNTIES (500,000 OR MORE). No. 1156 (Senate Bill No. 309). An Act to provide that the planning departments of all counties and municipalities located in whole or in part therein, said counties having within its borders the population of 500,000 or more, according to the United States Census of 1960, or any future United States Census, shall furnish the tax assessing officials of such counties and municipalities with notification of any zoning changes made within such counties and municipalities not more than sixty (60) days from the date of said zoning changes. Be it enacted by the General Assembly of Georgia: Section 1. The planning departments of all counties and municipalities located in whole or in part therein, said counties having within its borders the population of 500,000 or more, according to the United States Census of 1960, or any future United States Census, shall furnish the tax assessing official of such counties and municipalities with notification of any zoning changes made within such counties and municipalities not more than sixty (60) days from the date of said zoning changes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1968. TOWN OF IVEYCORPORATE LIMITS. No. 1162 (House Bill No. 1123). An Act to amend an Act creating and establishing a charter for the Town of Ivey, approved February 13, 1950, (Ga. L. 1950, p. 2337), so as to extend the corporate limits; to repeal conflicting laws; and for other purposes.
Page 3481
Be it enacted by the General Assembly of Georgia: 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 adding between Section 2 and 3 a new section to be known as section 2A and to read as follows: Section 2A. The corporate limits of the Town of Ivey, in addition to that territory embraced within the present corporate limits, shall include the following described tract of land: All that tract or parcel of land situate, lying and being in the 1505th (Ivey) G. M. District of Wilkinson County, Georgia, and being more particularly described as follows: Beginning at a point on the western right of way of State Highway #243, leading from Gordon, Georgia, to Milledgeville, Georgia, at a place where the northern city limits line intersects with the western right of way of said State Highway #243, and from said beginning point running in a northwesterly direction along and parallel with the presently existing corporate limits line of the Town of Ivey, north seventy (70) degrees fifty (50) minutes west a distance of four hundred fifty and two-tenths (450.2') feet; thence running south twenty-four (24) degrees fifty-three (53') minutes west a distance of two hundred eleven (211') feet; thence north seventy (70) degrees fifty (50') minutes west a distance of one hundred sixty-five and three-tenths (165.3') feet; thence north seventy-two (72) degrees fifty (50') minutes west a distance of six hundred thirty (630') feet; thence north sixty-two (62) degrees five (05') minutes west a distance of three hundred twenty-seven and two-tenths (327.2') feet; thence north forty-six (46) degrees five (05') minutes west a distance of three hundred four and eight-tenths (304.8') feet; thence north forty-seven (47) degrees thirty-five (35') minutes west a distance of one hundred seventy-four and four-tenths (174.4') feet; thence north fifty-seven (57) degrees twenty (20') minutes west one hundred nine and two-tenths (109.2') feet; thence north sixty-seven (67) degrees five (05') minutes west a distance of two hundred seventy-six and six-tenths
Page 3482
(276.6') feet; thence north forty-four (44) degrees thirty (30') minutes east a distance of three hundred five and six-tenths (305.6') feet; thence north fifty-three (53) degrees forty-seven (47') minutes west a distance of six thousand one hundred ninety-one and nine-tenths (6,191.9') feet; thence running north forty-three (43) degrees forty-eight (48') minutes east a distance of four thousand one hundred twenty-five and six-tenths (4,025.6') feet; thence running south forty-five (45) degrees thirty-seven (37') minutes east a distance of one thousand four hundred sixteen and one-tenth (1,416.1') feet; thence running south forty-four (44) degrees twenty-three (23') minutes west a distance of two hundred ten (210') feet; thence running south forty-five (45) degrees thirty-seven (37') minutes east a distance of three hundred fifteen (315') feet; thence running north forty-four (44) degrees twenty-three (23') minutes east a distance of two hundred ten (210') feet; thence running south forty-five (45) degrees thirty-seven (37') minutes east a distance of one thousand four hundred sixteen and two-tenths (1,416.2') feet; thence south forty-five (45) degrees forty-one (41') minutes east a distance of one thousand nine hundred sixty-five and seven-tenths (1,965.7') feet; thence south forty-six (46) degrees twenty-five (25') minutes east a distance of nine hundred seventy-five (975') feet; thence north forty-four (44) degrees twenty-one (21') minutes east a distance of seven hundred forty-four and nine-tenths (744.9') feet to the western right-of-way of State Highway #243; thence running in a southerly direction along and parallel with the western right-of-way of said State Highway #243 to the point of beginning. The property described herein containing six hundred forty (640) acres, more or less, and being more particularly described and delineated in a plat made of same recorded in plat book 5, page 171, in the office of the clerk of the superior court of Wilkinson County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 3483
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1968 Session of the General Assembly of Georgia, a bill to amend the charter of the Town of Ivey, Georgia, the title of such bill to be as follows: An Act to Amend an Act approved February 13, 1950, (Ga. Laws 1950, p. 2337), entitled An Act to create and establish a charter for the Town of Ivey to declare the rights, powers and privileges of said corporation and for other purposes. so as to extend the town limits of the Town of Ivey, Georgia, and to annex a certain area to the town limits of said town; and for other purposes. This 26th day of December, 1967. /s/ A. T. Land, Sr. Representative, Wilkinson and Twiggs County, Georgia Georgia, Wilkinson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Land, Sr., who, on oath, deposes and says that he is Representative from Wilkinson and Twiggs Counties, 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: January 11, 18, 25, 1968. /s/ A. T. Land, Sr. Representative, Wilkinson and Twiggs Counties Sworn to and subscribed before me, this 27 day of Jan. 1968. /s/ Johnnie A. Sanders Notary Public, Georgia State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 10, 1968.
Page 3484
FANNIN COUNTYSALARY OF COUNTY COMMISSIONERS. No. 1163 (House Bill No. 1129). An Act to amend an Act creating the office of Commissioner of roads and revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, so as to change the compensation of said 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 commissioner of roads and revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), is hereby amended by striking from Section 6 the figure $6000.00 and inserting in lieu thereof the figure $9,600.00, so that when so amended section 6 shall read as follows: Section 6. That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $9,600.00 per annum for his services, to be paid monthly, to be paid at the end of each month's services. Section 2. The provisions of this Act shall become effective when signed by the Governor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. To amend the Fannin County's commissioner of roads and revenue salary bill as to provide for a salary of twelve thousand dollars per year to go into effect Jan. 1st, 1969. State Representative 4th Dist. Fannin County, Howard Kaylor. State of Georgia, County of Fannin. The undersigned, Cecil G. Hartness, hereby certifies that he is publisher of the Fannin County Times, a newspaper
Page 3485
published each week in the City of Blue Ridge, County of Fannin, State of Georgia, and that said newspaper is the one in which the advertisements of the sheriff of Fannin County are published. The undersigned further certifies that the foregoing notice of intent to introduce local legislation by Hon. Howard Kaylor, State Representative, District No. 4, Fannin County, was published in said newspaper in the editions of January 4th, 11th and 18th, 1968. This the 26th day of January, 1968. Cecil G. Hartness Sworn to and subscribed before me, this 29th day of January 29, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 5, 1968. (Seal). Approved April 10, 1968. LOWNDES COUNTYSALARY OF CHIEF DEPUTY SHERIFF. No. 1164 (House Bill No. 1131). An Act to amend an Act entitled An Act to place the sheriff of Lowndes County upon an annual salary; to provide for the disposition of all fees and commissions formerly allowed the sheriff as compensation; to fix the sheriff's salary; to provide for deputies; to provide for the compensation of such deputies; to provide for other personnel within the sheriff's office and their compensation; to provide for vacations; to provide for the disposition of fees and costs earned but not collected prior to the effective date of this Act; to provide for supplies
Page 3486
and equipment needed by the sheriff's office; to provide for the disposition of rewards; to provide for additional deputies in the event of emergencies; to provide for budgets; to provide for the administration and operation of the county jail; to provide for the feeding of prisoners confined therein; to provide for the reimbursement of expenses incurred by the sheriff while on official business; to provide for the payment of the premiums on bonds and insurance; to provide for the purchasing of supplies; to provide an effective date; to repeal conflicting laws; and for other purposes., approved February 15, 1966 (Ga. L. 1966, p. 2021), so as to provide that the sheriff of Lowndes County shall have the authority to fix the compensation of the chief deputy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to place the sheriff of Lowndes County upon an annual salary; to provide for the disposition of all fees and commissions formerly allowed the sheriff as compensation; to fix the sheriff's salary; to provide for deputies; to provide for the compensation of such deputies; to provide for other personnel within the sheriff's office and their compensation; to provide for vacations; to provide for the disposition of fees and costs earned but not collected prior to the effective date of this Act; to provide for supplies and equipment needed by the sheriff's office; to provide for the disposition of rewards; to provide for additional deputies in the event of emergencies; to provide for budgets; to provide for the administration and operation of the county jail; to provide for the feeding of prisoners confined therein; to provide for the reimbursement of expenses incurred by the sheriff while on official business; to provide for the payment of the premiums on bonds and insurance; to provide for the purchasing of supplies; to provide an effective date; to repeal conflicting laws; and for other purposes., approved February 15, 1966 (Ga. L. 1966, p. 2021), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3, to read as follows:
Page 3487
Section 3. The sheriff of Lowndes County shall have the authority to appoint one chief deputy and not less than five field deputies. The chief deputy shall be compensated an amount to be determined by the sheriff, from funds of Lowndes County, but not to exceed six hundred seventy-five ($675.00) dollars per month. The duties of the chief deputy and field deputies shall be as is determined by the sheriff of Lowndes County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, an act to amend an act to place the sheriff of Lowndes County upon an annual salary and for other purposes. This 11th day of January, 1968. Jim T. Bennett, Jr. Representative, 95th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim T. Bennett, Jr. who, on oath, deposes and says that he is Representative from the 95th District, and that the attached copy of notice of intention to introduce local legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following dates: January 12, 19 and 26th of 1968. Jim T. Bennett, Jr. Representative, 95th District
Page 3488
Sworn to and subscribed before me, this 29th day of January, 1968. /s/ Marilyn G. Witherington Notary Public, Georgia State at Large. My Commission Expires April 3, 1970. (Seal). Approved April 10, 1968. BRANTLEY COUNTY DEVELOPMENT AUTHORITY ACT. No. 1165 (House Bill No. 1373). An Act to create the Brantley 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 provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Brantley County Development Authority Act. Short title. Section 2. There is hereby created a body corporate and politic to be known as the Brantley 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 eight (8) members who shall be residents of Brantley County 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 manner: Immediately
Page 3489
after the approval of this Act the commissioners of Brantley County shall appoint eight (8) members of the Authority. For the first appointment the County Commission shall appoint two persons for one year, two for two years, two for three years, and two 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 the County Commission shall fill, by appointment, such vacancy, for the unexpired term. 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 county commissioner selected by the county commissioners shall be ex-officio member of the Authority. The members of this Authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties. Created, members. Section 3. As used in this Act, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word Authority shall mean the Brantley County Development Authority created by this Act and by and under Article VII, Section VII, Paragraph V 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
Page 3490
construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation. Section 4. The County of Brantley is 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. Section 6. The Authority shall have powers: (a) To have a seal and alter the same at pleasure. (b) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers. (c) To enter into contracts with the County of Brantley. (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 disposal 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 Brantley, the governing authorities of Brantley County are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority.
Page 3491
(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 projects, or contracts with respect to the use of projects, which it erects or acquires. The County of Brantley is 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 for development purposes. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates of the Authority or from any grant from the County of Brantley, 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 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 certicates for the purpose of paying all or any part of the cost of any project of
Page 3492
the Authority. Such revenue-anticipation certificates shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue-anticipation certificates. Section 7. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue-anticipation certificates issued by the Authority shall be exempt from State and local taxation. The tax exemption herein provided shall not include an exemption from sales and use taxes on property purchased by the Authority or for the use of the Authority. Taxes. Section 8. 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 Brantley. Debts. Section 9. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to the County of Brantley. Audits. Section 10. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Brantley and its 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. The provisions of this Act shall not become effective unless and until a proposed amendment to the Constitution authorizing the creation of the Brantley County Development Authority shall be ratified in the general election conducted in 1968. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 3493
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to provide for the creation of the Brantley County Development Authority; to provide for the powers, duties and responsibilities of the Authority; to provide all procedures connected therewith; and for other purposes. This 13th day of January, 1968. S. D. Nimmer Representative, 84th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. D. Nimmer who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of notice of intention to introduce local legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 18, January 2 and February 1, 1968. S. D. Nimmer Representative, 84th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Feb. 1968. (Seal). Approved April 10, 1968.
Page 3494
ATLANTA METROPOLITAN PLANNING DISTRICT ACT AMENDED. No. 1167 (House Bill No. 1407). An Act to amend an Act known as the Atlanta Region Metropolitan Planning District, approved March 17, 1960, Ga. L. 1960, p. 3102, so as to increase the membership of the Commission; to change the provisions relating to submitting of budget; to change the provisions relating to annual meeting of Commission; to delete provision for Atlanta Region Metropolitan Planning Advisory Committee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Atlanta Region Metropolitan Planning District, approved March 17, 1960, Ga. L. 1960, p. 3102, is amended by inserting in article II, section 2, of said Act, to be added at the end of the introductory paragraph thereof, the following words .....together with the representatives, mentioned below, of the following state agencies so that said paragraph when amended shall read in its entirety as follows: The membership of the Commission at any time shall include the representatives, mentioned below, of such of the following political subdivisions as shall then be participating in the fiscal support of the Commission, together with the representatives, mentioned below, of the following state agencies:..... Members. Section 2. Said Act is further amended by inserting in article II, section 2, of said Act, following subsection (6) thereof, two (2) new subsections which shall be known as subsections (7) and (8), and which shall read as follows: Same. (7) State Highway Board: A member of the State Highway Board of Georgia. (8) State Planning and Programming Bureau: The State Planning Officer of the State of Georgia.
Page 3495
Section 3. Said Act is further amended by striking in article IV, section 2, subsection (c), the words submit a budget so that said subsection when amended shall read as follows: (c) Certification of amounts due . After the first day of April but before the first day of September of each year the Commission shall make the necessary population estimates and compute the amount due from the governing authorities of each of the participating political subdivisions in accordance with the formula set forth in paragraph (b), above, of the section and certify such population estimates and other data to each of said governing authorities. Section 4. Said Act is further amended by striking in article IV, section 2, subsection (d), the words first day of September and substituting in lieu thereof the words fifteenth day of December so that said subsection when amended, shall read as follows: (d) Adoption of program and budget . Before the fifteenth day of December each year the Commission shall, at a meeting called for the purpose, adopt a program and a budget for the next following calendar year. If the aggregate amount to be provided by the governing authorities of the participating political subdivisions in accordance with the formula set out in paragraph (b), above, of this Section is greater than is necessary for such budget, the amount to be provided by each of such governing authorities shall be reduced pro rata, and each of said governing authorities shall be notified accordingly. Section 5. Said Act is further amended by striking therefrom article VIII thereof in its entirety. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia,
Page 3496
a bill to amend an Act known as the Atlanta Region Metropolitan Planning District (Ga. L. 1960, p. 3102, et. seq.) and for other purposes. This 18th day of December, 1967. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Atlanta Region Metropolitan Planning Commission 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 25, February 1, and February 8, 1968. Britt Fayssoux Sworn to and subscribed before me, this 8 day of February, 1968. /s/ Carol E. Wheeler Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia,
Page 3497
a bill to amend an Act known as the Atlanta Region Metropolitan Planning District (Ga. L. 1960, p. 3102, et. seq.) and for other purposes. This 18th day of December, 1967. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Atlanta Region Metropolitan Planning Commission Georgia, Cobb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Otis A. Brumby, Jr., who, being duly sworn, deposes and states on oath that he is the president of the Times-Journal, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Times-Journal, Inc., is the publisher of the Marietta Daily Journal, a newspaper published in the City of Marietta, being of general circulation and being the legal organ of the County of Cobb, and further avers that legal notice, a true copy of which is hereto attached, intention to introduce local legislation, was duly published once a week for three week as required by law, the dates of publication being January 26, 1968, February 2, and February 9, 1968. Otis A. Brumby, Jr. Sworn to and subscribed before me, this 8th day of February, 1968. /s/ Margaret H. Smith Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia,
Page 3498
a bill to amend an Act known as the Atlanta Region Metropolitan Planning District (Ga. L. 1960, p. 3102, et. seq.) and for other purposes. This 18th day of December, 1967. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Atlanta Region Metropolitan Planning Commission Georgia, Clayton County. Personally appeared before the undersigned officer authorized by law to administer oaths, Jack Troy, who, being duly sworn, deposes and states on oath that he is the publisher of the Forest Park Free Press and Clayton County News and Farmer and Forest Park News, a newspaper published in the City of Forest Park, being of general circulation and being the legal organ of the County of Clayton, and further avers that legal notice, a true copy of which is hereto attached, intention to introduce local legislation, was duly published once a week for three weeks as required by law, the dates of publication being December 28, 1967, January 4, and January 11, 1968. Jack Troy Sworn to and subscribed before me, this 26 day of January, 1968. /s/ Guy Butler Notary Public, Georgia State at Large. My Commission Expires Jan. 29, 1968. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia, a bill to amend an Act known as the Atlanta Region
Page 3499
Metropolitan Planning District (Ga. L. 1960, p. 3102, et. seq.) and for other purposes. This 18th day of December, 1967. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Atlanta Region Metropolitan Planning Commission Georgia, Gwinnett County. Personally appeared before the undersigned officer authorized by law to administer oaths, Katie Mae Christian, who, being duly sworn, deposes and states on oath that she is treasurer of the Gwinnett Publishing Company, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Gwinnett Publishing Company is the publisher of The Gwinnett Daily News, a newspaper published in the City of Lawrenceville, being of general circulation and being the legal organ of the County of Gwinnett, and further avers that legal notice, a true copy of which is hereto attached, intention to introduce local legislation, was duly published once a week for three weeks as required by law, the dates of publication being January 26, February 2, and February 9, 1968. Sworn to and subscribed before me, this 9 day of January, 1968. /s/ Elaine H. Cooper Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia, a bill to amend an Act known as the Atlanta Region Metropolitan Planning District (Ga. L. 1960, p. 3102, et. seq.) and for other purposes.
Page 3500
This 18th day of December, 1967. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Atlanta Region Metropolitan Planning Commission Georgia, Fulton County. Personally appeared before the undersigned officer authorized by law to administer oaths, Frank Kempton, who, being duly sworn, deposes and states on oath that he is the president of the Daily Report Company, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Daily Report Company is the publisher of the Fulton County Daily Report, a newspaper published in the City of Atlanta, being of general circulation and being the legal organ of the County of Fulton, and further avers that legal notice, a true copy of which is hereto attached, intention to introduce local legislation, was duly published once a week for three weeks as required by law, the dates of publication being January 24, January 31, and February 7, 1968. Frank Kempton Sworn to and subscribed before me, this 8 day of February, 1968. /s/ Frances K. Nixon Notary Public. (Seal). Approved April 10, 1968.
Page 3501
CLAYTON COUNTYBOARD OF COUNTY COMMISSIONERS. No. 1168 (House Bill No. 1411). 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), an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), an Act approved March 4, 1964 (Ga. L. 1964, p. 2384), an Act approved March 2, 1966 (Ga. L. 1966, p. 2723), an Act approved March 4, 1966 (Ga. L. 1966, p. 3138), and an Act approved April 13, 1967 (Ga. L. 1967, p. 3058), so as to designate the board of commissioners of roads and Revenues of Clayton County as the fiscal authority of the county; to authorize the Board to employ a comptroller; to provide for the powers, duties and compensation of the comptroller; to grant the board additional time to complete the audit for 1967; to authorize the board to change the fiscal year of Clayton County; to provide for an audit in the event the fiscal year is changed; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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), an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), an Act approved March 4, 1964 (Ga. L. 1964, p. 2384), an Act approved March 2, 1966 (Ga. L. 1966, p. 2723), an Act approved March 4, 1966 (Ga. L. 1966, p. 3138), and an Act approved April 13, 1967 (Ga. L. 1967, p. 3058), is hereby amended by inserting between section 10 and section 11 a
Page 3502
new section to be designated as section 10A to read as follows: Section 10A. The board of commissioners of roads and revenues of Clayton County, in addition to the powers and duties enumerated in section 10, is hereby designated as the fiscal agent and authority of Clayton County. The board as such fiscal agent and authority shall receive and disburse all funds due Clayton County or payable by Clayton County. Fiscal agent. Section 2. Said Act is further amended by inserting between section 10A and section 11 a new section to be designated as section 10B to read as follows: Section 10B. The board is hereby authorized to employ a comptroller who shall be directly responsible to the board. The comptroller shall not be covered by any provisions governing the Civil Service System of Clayton County. The comptroller shall have at least three years experience in public accounting or three years experience in accounting work for a federal, state, county or municipal agency. The compensation of the comptroller shall be fixed by the board, but shall not be less than $6,000.00 per annum nor more than $12,000.00 per annum, payable monthly. The comptroller shall give a satisfactory surety bond approved by and payable to the ordinary of Clayton County or his successor in office and filed in the office of the ordinary, in the sum of $25,000.00, conditioned upon the faithful performance of the duties of the office. The cost of the bond shall be paid from the general funds of Clayton County. The comptroller shall, pursuant to the resolutions adopted by the Board and instruction given by the chairman, 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 funds. (3) Sign checks and disburse quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same.
Page 3503
(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 recommendations 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 a means of financing those requirements and advise the chairman and board on financial matters. (11) Perform such other duties as may be assigned by the chairman and/or board. Section 3. Said Act is further amended by adding between section 14 and section 15 a new section to be designated as section 14A to read as follows: Section 14A. Notwithstanding the provisions of section 14, the board is hereby authorized to utilize such additional time as may be reasonable and necessary to cause a complete audit to be made of the books and records of Clayton County and the various departments and agencies of the county government and the Clayton County Water Authority for the calendar year 1967. Audit for 1967.
Page 3504
Section 4. Said Act is further amended by adding between section 14A and section 15 a new section to be designated as section 14B to read as follows: Section 14B. The board is authorized to change the fiscal year of Clayton County and in the event the fiscal year of Clayton County is changed, the board shall cause to be made a complete audit of that portion of the year not covered by the previous annual audit up until the beginning of the new fiscal year. Notwithstanding the provisions of section 14, the board is hereby authorized to employ the auditor of its choice for the audit of the partial fiscal year and to compensate said auditor in keeping with prevailing monetary charges for this service out of the funds of Clayton County. Fiscal year. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. Severability. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of roads and revenue of Clayton County approved February 8, 1955 (Ga. L. 1955, p. 2004), as amended, so as to provide for a comptroller; to define his qualifications, powers, authority and duties; to provide for his compensation, to change auditing provisions and time limits relative thereto, and for other purposes.
Page 3505
This 30th day of December, 1967. Sen. Kenneth Kilpatrick Rep. William J. Lee Rep. Arch Gary Rep. Lamar Northcutt Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arch Gary who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press Clayton Co. News and Farmer which is the official organ of Clayton County, on the following dates: January 11, 18, 25, 1968. /s/ Arch Gary Representative, 25th District Sworn to and subscribed before me, this 7th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 10, 1968. BALDWIN COUNTYTAX COLLECTOR AND TAX RECEIVER PLACED ON SALARY BASIS. No. 1169 (House Bill No. 1501). An Act to abolish the present method of compensating the tax collector and tax receiver of Baldwin County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; to provide that all fees, costs, commissions, or other emoluments of said officers shall
Page 3506
become the property of the county; to provide for the collection of such fees, costs, commissions and emoluments; to provide for periodic statements; to provide for the employment of the necessary personnel by said officers and for their compensation; to provide for all 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. The present method of compensating the tax collector and tax receiver of Baldwin County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officers is prescribed as hereinafter provided. Salary basis. Section 2. The tax collector shall receive an annual base salary of $10,000.00 effective January 1, 1969, to be paid in equal monthly installments from the funds of Baldwin County. Said base salary shall be increased in the amount of $250.00 per annum up to a maximum annual salary of $12,000.00. The first such annual increase shall be effective January 1, 1970. Section 3. The tax receiver shall receive an annual salary of $7,500.00, effective January 1, 1969, to be paid in equal monthly installments from the funds of Baldwin County. Said base salary shall be increased in the amount of $200.00 per annum up to a maximum annual salary of $9,100.00. The first such annual increase shall be effective January 1, 1970. Same. Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by said officers shall be received, collected and held by them as public funds belonging to Baldwin County. Once each month said officers shall turn over to the fiscal authority of said county all funds collected by them with a detailed itemized statement showing the sources from which funds were collected. It is specifically provided that the salary provided herein for the tax collector shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites
Page 3507
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. Fees. Section 5. All fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, or other emoluments or perquisites of whatever kind which had accrued to the tax collector and tax receiver of Baldwin County as of January 1, 1969, and to which said officers are entitled, and which remain uncollected as of January 1, 1969, shall be paid to said officers when collected. Taxes due. Section 6. The tax collector shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The compensation of such personnel shall be paid from county funds, but the total compensation to be paid by the county for all such personnel shall not exceed $11,500.00 during any one calendar year, unless such amount is increased by resolution duly adopted by the governing authority of Baldwin County. It shall be within the sole power and authority of the tax collector during his 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. The tax receiver shall have the authority to appoint a full-time secretary and such other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The compensation of such secretary and other personnel shall be paid from county funds, but
Page 3508
the total compensation to be paid by the county for such personnel shall not exceed $3,600.00 during any one calendar year unless such amount is increased by a resolution duly adopted by the governing authority of Baldwin County. It shall be within the sole power and authority of the tax receiver during his term of office to designate and name the person or persons who shall be employed by him and to prescribe their duties and assignments, and to remove or replace said personnel at will and within his sole discretion. The Baldwin County governing authority shall, when needed, furnish additional personnel for either tax office referred to herein and increase personnel compensation allowances to maintain the necessary and qualified personnel to properly conduct the business transactions in said offices. Deputies, etc. Section 7. All expense incurred by the tax collector and tax receiver in operating and discharging the official duties of their 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 supplies, etc. Section 8. This Act shall become effective on January 1, 1969. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 Session of the General Assembly of Georgia, a bill to place the tax collector and the tax receiver of Baldwin County on a salary basis in lieu of the fee system of compensation: to provide for all matters relative to the foregoing; to provide an effective date; and for other purposes.
Page 3509
Signed this 17th day of January, 1968. Philip Chandler Representative, 47th District J. Floyd Harrington Representative, 47th District Culver Kidd, Senator 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip Chandler who, on oath, deposes and says that he is Representative from the 47th District, and that the attached copy of notice of intention to introduce local legislation was published in The Union-Recorder which is the official organ of Baldwin County, on the following dates: January 18, 25, February 1, 1968. Philip Chandler Representative, 47th District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 10, 1968.
Page 3510
WHITFIELD COUNTYSALARIES OF SHERIFF, CLERK OF SUPERIOR COURT AND ORDINARY. No. 1171 (House Bill No. 1503). An Act to amend an Act placing the sheriff of Whitfield County, the clerk of the superior court of Whitfield County, the ordinary of Whitfield County, and the tax collector of Whitfield County on a salary system of compensation and prescribing procedures for collection of fees, commissions and costs, and providing for a referendum, approved January 27, 1960 (Ga. L. 1960, p. 2007), so as to change the compensation of the sheriff of Whitfield County, the clerk of the superior court of Whitfield County, and the ordinary of Whitfield County; 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 Whitfield County, the clerk of the superior court of Whitfield County, the ordinary of Whitfield County, and the tax collector of Whitfield County on a salary system of compensation and prescribing procedures for collection of fees, commissions and costs, and providing for a referendum, approved January 27, 1960 (Ga. L. 1960, p. 2007), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff of Whitfield County shall be compensated in the amount of $14,000.00 per annum, to be paid in equal monthly installments from the funds of Whitfield County at the end of each calendar month. The clerk of the superior court of Whitfield County shall be compensated in the amount of $12,500.00 per annum to be paid in equal monthly installments from the funds of Whitfield County at the end of each calendar month. The ordinary of Whitfield County shall be compensated in the amount of $11,500.00 per annum, to be paid in equal
Page 3511
monthly installments from the funds of Whitfield County at the end of each calendar month. 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 regular 1968 Session of the General Assembly of Georgia, bills to change the compensation of the ordinary, sheriff, clerk of the superior court and tax commissioner of Whitfield County; and for other purposes. This 29 day of December, 1967. /s/ Jack H. Cole Jack H. Cole Representative, 3rd District, Post 1 /s/ Virgil T. Smith Virgil T. Smith Representative, 3rd District, Post 2 Publisher's Affidavit. This is to certify that the attached legal notice appeared in The Daily Citizen-News, official organ of Whitfield County, Georgia, on the dates of February 2, 9 and 16 of 1968. Rufus M. Josey Publisher Attested before me, this 16 day of February, 1968. /s/ Louise B. Hackney Notary Public. (Seal). Approved April 10, 1968.
Page 3512
WHITFIELD COUNTYSALARY OF TAX COMMISSIONER. No. 1172 (House Bill No. 1504). 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), as amended by an Act approved March 26, 1964 (Ga. L. 1964, p. 3429), so as to change the compensation of the tax commissioner of Whitfield County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of 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), as amended by an Act approved March 26, 1964 (Ga. L. 1964, p. 3429), is hereby amended by striking from section 4 the number $9,500.00 and inserting in lieu thereof the number $11,500.00, 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 $11,500.00 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 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.
Page 3513
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 regular 1968 Session of the General Assembly of Georgia, bills to change the compensation of the ordinary, sheriff, clerk of the superior court and tax commissioner of Whitfield County; and for other purposes. This 29 day of December, 1967. /s/ Jack H. Cole Jack H. Cole Representative, 3rd District, Post 1 /s/ Virgil T. Smith Virgil T. Smith Representative, 3rd District, Post 2 Publisher's Affidavit. This is to certify that the attached legal notice appeared in The Daily Citizen-News, official organ of Whitfield County, Georgia, on the dates of February 2, 9 and 16 of 1968. Rufus M. Josey Publisher Attested before me, this 16 day of February, 1968. /s/ Louise B. Hackney Notary Public. (Seal). Approved April 10, 1968.
Page 3514
ECHOLS COUNTY BOARD OF EDUCATIONREFERENDUM. No. 1173 (House Bill No. 1528). An Act to provide for the election of the members of the board of education of Echols County; to provide for posts; to provide for education districts; to provide for residency qualifications; to provide for the initial election of members of the board; to provide for filling vacancies; 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 board of education of Echols County shall be composed of five members to be elected as hereinafter provided. For the purposes of electing members to the board, present members' or their successors' positions on the board shall be numbered as posts 1 through 5, respectively, as follows: Present Board Member Post Dan Corbett 1 Leon Smith 2 Ben Daniels 3 Winston Howell 4 Tommy Sherrod 5 Posts. Section 2. For the purposes of electing members to the board of education of Echols County, Echols County is hereby divided into five education districts to be composed as follows: Education District No. 1 shall be composed of all of that terrority of Echols County embraced within Georgia Militia District No. 1211 (Wright's Chapel); Education District No. 2 shall be composed of all of that terrority of Echols County embraced within Georgia Militia District No. 1058 (Statenville); Districts.
Page 3515
Education District No. 3 shall be composed of all of that territory of Echols County embraced within Georgia Militia District No. 719 (Enterprise); Education District No. 4 shall be composed of all of that territory of Echols County embraced within Georgia Militia District No. 1306 (Mayday); Education District No. 5 shall be composed of all of that territory of Echols County embraced within Georgia Militia District No. 904 (Howell). Section 3. In order to be eligible to offer for election to the board, a candidate must be a resident of the education district whose number corresponds to the post position on the board for which he offers for election. At the time of their qualification, candidates shall designate by post number the position on the board for which they are offering for election. Qualifications of members. Section 4. The first election for members of the board of education of Echols County under the provisions of this Act shall be conducted in the general election of 1970, at which time, successors shall be elected to the incumbents occupying posts numbers 1 and 2. Candidates elected at said election shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. The present members of the board of education occupying post numbers 1 and 2 shall continue to serve until December 31, 1970, at which time their successors who are elected in the 1970 general election shall succeed them. Terms, etc. In the general election of 1972, there shall be elected members of the board of education of Echols County to succeed the incumbents occupying posts 3, 4, and 5. Candidates elected in said election shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Successors to the initial members of the board, elected as provided for above, shall thereafter be elected in the general
Page 3516
election conducted in the year in which their terms of office shall expire, take office on the first day of January following their election, and serve for a term of office of four years and until their successors are duly elected and qualified. Section 5. Vacancies which occur on the board, other than by the regular expiration of a term of office, shall be filled by the remaining members of the board electing a successor who shall be a resident of the education district in which the vacancy shall occur to serve until the next general election, at which time there shall be elected by the electors of Echols County a successor to serve out the unexpired term of office in which a vacancy shall occur. In the event that the term of office in which a vacancy shall occur shall expire within a 90-day period subsequent to the general election which falls after the vacancy shall occur, then that successor who has been named by the members of the Board to fill said vacancy shall serve out the remainder of the unexpired term of office in which the vacancy shall occur and until his successor shall be duly elected and qualified. Vacancies. Section 6. Except as hereinbefore provided, until such time as is provided in section 4, members of the board of education of Echols County shall continue to be appointed thereto and vacancies occurring thereon filled by the grand juries of Echols County. Section 7. It shall be the duty of the ordinary of Echols County to issue the call for an election for the purpose of submitting this Act to the voters of Echols County for approval or rejection. The ordinary shall set the date of such election for November 5, 1968. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately proceding the date thereof, in the official organ of Echols County. The ballot shall have written or printed thereon the words: For approval of the Act providing for election of members of the Board of Education of Echols County. Against approval of the Act providing for election of members of the Board of Education of Echols County. Referendum.
Page 3517
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 Echols 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 special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Echols County. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia a resolution providing for a referendum for Echols County to elect school board members instead of being appointed by the Grand Jury. This the 23rd day of January, 1968. Bobby Pafford Representative District 97 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Pafford who, on oath, deposes and says that he is Representative from the 97th District, and that the attached copy of notice of intention to introduce local legislation was published in The Valdosta Daily Times which is the official organ of
Page 3518
Echols County, on the following dates: January 26, February 2, 9, 1968. Bobby Pafford Representative, 97th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968. CITY OF EATONTONSALARIES OF MEMBERS OF COUNCIL. No. 1174 (House Bill No. 1536). An Act to amend the original new charter of the City of Eatonton, as found in Georgia Laws of 1908, pp. 620-645, and all Acts amendatory thereof, so as to provide for an increase in the salaries and compensation of the members of council from $25.00 per month, each, to $75.00 per month, each; to provide that the same shall not become effective until September 1st, 1968; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 4, of the original new charter of the City of Eatonton, as amended by section 2 of Act of 1952, Georgia Laws of 1952, pp. 2625, et sequitur, be further amended by striking therefrom the figures $25.00 wherever found therein, and substituting the figures $75.00, so that, when amended, said original section 4 shall read as follows:
Page 3519
Section 4. The mayor and aldermen shall constitute the board of council, and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation, and not otherwise specifically delegated. The mayor shall receive a salary of not less than $50.00 per month, and the members of council shall receive salaries of $75.00 each per month, payable monthly, and such other actual expenses as they may incur in the performance of their official duties upon authorization or approval by the mayor and council. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and are hereby repealed. Georgia, Fulton County. Personally apeared before me, the undersigned authority, duly authorized to administer oaths, Marvin E. Moate who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of notice of intention to introduce local legislation was published in the Eatonton Messenger which is the official organ of Putnam County, on the following dates: January 25, 1968, February 1, 1968 and February 8, 1968. /s/ Marvin E. Moate Representative, 39th District Sworn to and subscribed before me, this 27th day of Feb., 1968. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 5, 1968. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given, that a Bill will be introduced in the 1968 regular Session of the General Assembly of Georgia, to amend the original new charter of the City of Eatonton, as found in Georgia Laws of 1908, pp. 620-645, and all
Page 3520
Acts amendatory thereof, so as to provide for an increase in the salaries and compensation of the members of council from $25.00 per month, each, to $75.00 per month, each; to provide that the same shall not become effective until September 1st, 1968; to repeal conflicting laws; and for other purposes. This the 24th day of January, 1968. D. D. Veal, City Attorney. Certificate of Publication. Georgia, Putnam County. I, Battle Smith, do certify that I am publisher of the Eatonton Messenger, the newspaper in which sheriff's advertisements are published in said county; and I further certify that the above notice of intention to apply for local legislation was published in said newspaper on January 25, 1968, February 1, 1968, and February 8, 1968. This the 13th day of February, 1968. Battle Smith Approved April 10, 1968. CITY OF BRUNSWICKELECTIONS. No. 1175 (House Bill No. 1541). An Act to amend the charter of the City of Brunswick, so as to provide a successful primary candidate shall not be required to file a nominating petition; to provide a person who has not run in a primary election desiring to become a candidate in the general election shall file a nominating petition; to repeal conflicting laws; and for other purposes.
Page 3521
Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provisions of the charter of the City of Brunswick to the contrary, said charter is hereby amended as follows: (a) A successful primary candidate for any elected office of the City of Brunswick shall not be required to file with the secretary of the commission a nominating petition and such successful candidate's name shall be placed on the general election ballot without further requirements. (b) A person who has not run in a primary election for any elected office of the City of Brunswick desiring to become a candidate in the general election shall within ten (10) days prior to said general election obtain and file with the clerk of the city commission a nominating petition signed by at least one percent of the qualified voters entitled to vote at said election. Upon compliance, the candidate's name shall be placed upon election ballot. 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 1968 session of the General Assembly of Georgia, certain bills entitled: 1. An Act to amend the charter of the City of Brunswick in the County of Glynn, to extend and define the present corporate limits of said city. 2. An Act providing for a change in the manner of publication of ordinances of said, such change reducing the number of times of publication from three (3) to one (1). 3. An Act to amend and change the election laws relating to said city and particularly the nominating petition law so that after passage of said Act a successful candidate in a primary shall not be required to have and produce a nominating
Page 3522
petition to run in the general election, and further to provide that any candidate who has not run in a primary and stands for election in the general election shall be required to have and produce and file with the clerk of said city a nominating petition containing one (1) percent of the qualified voters in said City. This 21st day of December, 1967. The Commission of the City of Brunswick By Harriet S. Jennings Harriet S. Jennings, Secretary of said City of Brunswick. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard M. Scarlett who, on oath, deposes and says that he is Representative from the 85th District, 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 Glynn County, on the following dates: January 6, 13, 20, 1968. Richard M. Scarlett Representative, 85th District Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 10, 1968.
Page 3523
TOWN OF GUYTONVOTER REGISTRATION AND ELECTIONS. No. 1176 (House Bill No. 1546). An Act to amend an Act creating a new charter for the Town of Guyton, approved March 10th., 1933, (Ga. L. 1933, p. 952-986), and amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 2047), and amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 2948), so as to change the qualifications for voters and time of holding 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 Town of Guyton in the County of Effingham approved March 10, 1933, (Ga. L. 1933, p. 952-986), and amended by an Act approved February 11, 1957, (Ga. L. 1957, p. 2047), and amended by an Act approved April 5, 1961, (Ga. L. 1961, p. 2948), is hereby amended by striking from said Act as amended section 5 and section 6, relative to voters qualification and registration of voters in their entirety and substituting in lieu thereof, entirely new section 5 and section 6, which shall read as follows: Section 5 . Be it further enacted, that all persons qualified to vote for members of the General Assembly in this State, and who shall have resided in said town three months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws and orders of said town, shall be qualified to vote at any election held under the provisions of this charter. Electors. Section 6 . Be it further enacted, that it shall be the duty of the clerk of council to keep a book to be known as the permanent registration book of the electors of said town, and the electors of said town shall sign said book upon taking an oath containing therein, which shall be substantially as follows: I do solemnly swear that I have resided within the limits of the Town of Guyton for three months, and the County of Effingham for the six months,
Page 3524
and the State of Georgia twelve months last passed, so help me God. Voter registration. Section 2. Said Act is further amended by striking from section 9 paragraph 2, the words or figures; The polls open at six o'clock a. m., and close at three o'clock, p. m., standard or eastern time, and substituting in lieu thereof, The polls shall open at 7 o'clock a. m., and close at 7 o'clock p.m., standard or eastern time, or at such time as may be fixed at any time in the future by the General election laws of the State of Georgia. Hours of holding elections. 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 a Bill will be introduced in the 1968 session of the General Assembly of Georgia to change the charter of the City of Guyton and for other purposes. Jack W. Shuman, Representative in the General Assembly of Georgia from the 65th District. State of Georgia, County of Effingham. Personally appeared before the undersigned an officer of said county and State duly authorized and empowered to administer oaths, William O. Lee who first being duly sworn on oath says that he is the editor and publisher of the Springfield Herald, official organ of Effingham County, Georgia, and that the herewith attached notice of intention to introduce local legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper; to wit: on February 9, 1968; on February 16, 1968; and on February 23, 1968. This 24th day of February, 1968. William O. Lee
Page 3525
Sworn to and subscribed before me, this 24th day of February, 1968. /s/ Z. Vance Dasher Notary Public, Effingham County, Georgia. My Commission expires April 1, 1970. Notice is hereby given that a Bill will be introduced in the 1968 session of the General Assembly of Georgia to change the charter of the city of Guyton and for other purposes. Jack W. Shuman, Representative in the General Assembly of Georgia from the 65th District. 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 the 65th District, and that the attached copy of notice of intention to introduce local legislation was published in The Springfield Herald which is the official organ of Effingham County, on the following dates: February 9, 16, 23, 1968. Jack W. Shuman Representative, 65th District Sworn to and subscribed before me, this 26th day of February, 1968. s/ Pamelia A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968.
Page 3526
WALKER COUNTY RURAL WATER AND SEWER AUTHORITYMEMBERS. No. 1177 (House Bill No. 1552). An Act to amend an Act creating the Walker County Rural Water and Sewer Authority, approved April 21, 1967 (Ga. L. 1967, p. 3370), so as to change the provisions relating to the appointment of members of the Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Walker Rural Water and Sewer Authority, approved April 21, 1967 (Ga. L. 1967, p. 3370), is hereby amended by striking from section 2 the following sentence: The original members of the Authority shall be appointed by a majority of the members of the superior court of Walker County, Georgia, and shall serve until new members are appointed by the first grand jury empanelled by the superior court of Walker County in the year 1968., and inserting in lieu thereof a new sentence to read as follows: The original members of the Authority shall be appointed by a majority of the members of the superior court of Walker County, Georgia, and shall serve until new members are appointed by the first grand jury empanelled by the superior court of Walker County, after the facilities of the Authority are in operation, or by the first grand jury empanelled by the superior court of Walker County in the year 1970, whichever first occurs., so that when so amended, section 2 shall read as follows: Section 2. Walker County Rural Water and Sewer Authority . There is hereby created a body corporated and politic, to be known as the Walker County Rural Water and Sewer Authority, which shall be deemed to be political subdivision
Page 3527
of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five members, all of whom shall be residents of Walker County, Georgia, all of whom shall reside outside the corporate limits of any municipality in said county and shall at the time of appointment be users of the facilities of the Authority. The provisions as to being a user shall not apply to the members of the Authority originally appointed. The original members of the Authority shall be appointed by a majority of the members of the superior court of Walker County, Georgia, and shall serve until new members are appointed by the first grand jury empanelled by the superior court of Walker County, after the facilities of the Authority are in operation, or by the first grand jury empanelled by the superior court of Walker County in the year 1970, whichever first occurs. The members appointed by said grand jury shall serve for periods of one, two, three, four and five years, respectively, so that one member of the Authority will cease to be a member each year as of the empaneling of the grand jury for the same term as when the initial appointments are made, at which time the grand jury then empanelled shall appoint a new member to the Authority to take the place of that member finishing his term. No member shall be eligible for reappointment for a period of two years from the expiration date of his previous term. Notwithstanding any other provision herein, all members of the Authority shall serve until their successors are appointed and qualified. To be eligible for appointment no member shall have been found guilty of a felony. A member must be at least 21 years of ago and a resident of Walker County for at least two years prior to his appointment. Immediately after their appointment, the members of the Authority shall enter upon their duties. They shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary and/or treasurer, who need not necessarily be a member of the Authority. The chairman and vice-chairman, secretary and treasurer shall serve for a period of one year and until their successors are appointed
Page 3528
and qualified. Three members of the Authority shall constitute a quorum. In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the Authority, by majority vote, shall appoint a person meeting the qualifications above set out for membership to serve until the next grand jury is empaneled by the superior court of Walker County, which grand jury shall appoint a replacement. Members of the Authority shall lose their positions as such upon being found guilty of a felony, moving from Walker County, moving into any municipality within Walker County, and by action of the Walker County grand jury for any act of misfeasance, malfeasance, or nonfeasance in the sole discretion of the said grand jury. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority. The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. The members of the Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. The Authority shall have a complete audit of its financial record made at least once in each calendar year by a certified public accountant, and such audit shall be published in the official newspaper of Walker County at least once each calendar year and within one month of the submission thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 3529
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly, 1968, a bill to amend the act creating the Walker County Rural Water and Sewer Authority, so as to extend the term of office of the original members of the Walker County Rural Water and Sewer Authority until the system is in operation or until new members are appointed by the first grand jury empaneled by the superior court of Walker County in the year 1970, whichever event first occurs. This the 30th day of January, 1968. Burton Brown Attorney for Walker County Rural Water Sewer Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to adimister oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, 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 Walker County, on the following dates: January 31, February 7, 14, 1968. Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968.
Page 3530
CITY OF MARIETTACORPORATE LIMITS. No. 1178 (House Bill No. 1578). An Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, is hereby amended by adding a new section between Section 2G and Section 3 to be designated as section 2H to read as follows: 2H. The following described property which was added to the corporate limits of the City of Marietta as tract 14 by an Act amending the charter of the City of Marietta, approved March 15, 1967 (Ga. L. 1967, p. 2136), is hereby removed from the corporate limits and shall no longer be considered as a part of the corporate limits of the City of Marietta. All that tract or parcel of land lying and being in land lots 922, 923, 950, 1100, 996, 777, 807, 808, 849, 850, 879, and 880, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point formed by the intersection of the west right of way line of Allgood Road and the south right of way line of Overbrook Circle (North leg); said point also being on the present city limits line of Marietta, Georgia; thence running in a northerly direction along the west right of way line of Allgood Road to a point formed by the intersection of the west right of way line of Allgood Road and the west land lot line of land lot 880; thence running along the north right of way line of Scufflegrit Road for a distance of 275 feet more or less to a point and corner; thence running south 61 degrees 56 minutes west for a distance of 444.02 feet to a point and corner; thence running north 3 degrees 41
Page 3531
minutes west for a distance of 638.07 feet to a point and corner; thence running south 89 degrees 51 minutes west for a distance of 551.39 feet to a point and corner; thence running north 1 degree 19 minutes west for a distance of 2655 feet to a point said point being located on the south right of way line of Sandy Plains Road; thence running along the south right of way line of Sandy Plains Road south 89 degrees 50 minutes east for a distance of 821.11 feet to a point and corner; thence continuing along said right of way in an easterly direction for a distance of 508 feet more or less; thence running south 13 degrees 4 minutes east for a distance of 117.4 to a point and corner; thence running north 89 degrees 2 minutes east for a distance of 296.0 feet to a point and corner; thence running north 13 degrees 12 minutes west for a distance of 225.6 feet to a point located on the south right of way line of Sandy Plains Road; thence running in a northeasterly direction along said south right of way line for a distance of 594 feet, more or less to a point and corner; said point also being located at the intersection of the south right of way line of Sandy Plains Road and the west right of way line of Scufflegrit Road; thence running south 1 degree 30 minutes east along the west right of way line of Scufflegrit Road for a distance of 2879.8 feet to a point and corner; thence running in a southwesterly direction along said right of way line for a distance of 1375 feet, more or less to a point; thence running perpendicular to said right of way and in a southeasterly direction a distance of 10 feet to a point; thence running in a southerly direction and parallel to the right of ways of Scufflegrit Road and Allgood Road to a point where the projected south right of way line of Overbrook Circle (North leg) intersects the present city limit line; thence running perpendicular to said line paralleling Allgood Road in a westerly direction a distance of 10 feet to a point and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby that there will be introduced at the regular January-February 1968 Session of the General Assembly
Page 3532
of Georgia, a bill amend the charter of the City of Marietta, Georgia (Ga. L. 1904, p. 910, et seq), as heretofore amended, and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe M. Wilson, who, on oath, deposes and says that he is Representative from the 102nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1968. Joe M. Wilson Representative, 102nd District Sworn to and subscribed before me, this 26th day of February, 1968. s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9. 1971. (Seal). Approved April 10, 1968.
Page 3533
COBB COUNTYMARIETTA WATER AUTHORITY ACT AMENDED. No. 1179 (House Bill No. 1579). An Act to amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951, p. 497, as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), and an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), so as to change the rate of interest payable and maturity date on Revenue Bonds; taxation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951, (Ga. L. 1951, p. 497), as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), and an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), is hereby amended by striking from section 5 the following sentence: The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semi-annually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds,, and substituting in lieu thereof a new sentence to read as follows: The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment thereto, payable semi-annually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as
Page 3534
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., so that, when so amended, section 5 shall read as follows: Section 5. Revenue Bonds . The Authority, or any authority or body which had or which may in the future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed twenty million dolars ($20,000,000.00) outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment thereto, payable semi-annually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 2. Said act is further amended by striking in its entirety section 9 and substituting in lieu thereof a new section to read as follows: Section 9. Same; sale; price .The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment
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thereto, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly of Georgia, a bill to amend an act known as the Cobb County-Marietta Water Authority Act, approved February 21, 1951 (Ga. Laws 1951, p. 497, et seq), as heretofore amended; and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives State of Georgia, County of Cobb. Before me the undersigned, a notary public, this day came Margaret H. Smith, personally known to me, who being first duly sworn according to law, says that she is comptroller of Times-Journal, Inc. publisher of The Marietta Daily Journal, the official newspaper of which sheriff's advertisements in and for said county are published and a newspaper of general circulation with its principal place of business in said county and that the attached copy of notice of intention to introduce local legislation was published in
Page 3536
the Marietta Daily Journal, which is the official organ of said county on the following dates: December 22, 29; January 5, 12, 19. Margaret H. Smith Sworn to and subscribed before me, this 9th day of February, 1968. /s/ Helen B. Womack Notary Public, Georgia, State at Large. My Commission expires June 23, 1970. (Seal). Approved April 10, 1968. GLYNN COUNTYDEPUTY SHERIFFS. No. 1180 (House Bill No. 1580). An Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, by an Act approved March 3, 1962 (Ga. L. 1962, p. 2740), an Act approved March 10, 1964 (Ga. L. 1964, p. 2577), an Act approved March 24, 1965 (Ga. L. 1965, p. 2515), and an Act approved April 13, 1967 (Ga. L. 1967, p. 3053), so as to authorize the sheriff to employ additional deputies; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, by an Act approved March 3, 1962 (Ga. L. 1962, p. 2740), an Act approved March 10, 1964 (Ga. L. 1964, p. 2577), an Act approved March 24, 1965 (Ga. L. 1965, p. 2515), and an Act approved April 13, 1967 (Ga. L. 1967, p. 3053), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:
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Section 2. The sheriff is hereby authorized to appoint a chief deputy, who shall be compensated in the amount of $3,750.00 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 $3,300.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint five (5) additional deputies, three (3) of whom shall be compensated in the amount of $2,700.00 per annum, and two (2) of whom shall be compensated in the amount of $2,400.00 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 $2,400.00 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 jailers, each of whom shall be compensated in the amount of $4,500.00 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 $2,400.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. 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. Section 2. This Act shall become effective on July 1, 1968. 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 regular 1968 Session of the General Assembly of Georgia,
Page 3538
a bill to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, so as to authorize the sheriff to employ two additional deputies; to provide for their compensation; to provide an effective date; and for other purposes. This 15th day of January 1968. Ronald F. Adams Senator, 5th District Reid W. Harris Representative, District 85Post 1 Richard M. Scarlett Representative, District 85Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Reid W. Harris who, on oath, deposes and says that he is Representative from the 85th District, and the the attached copy of notice of intention to introduce local legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: January 16, 23, 30, 1968. s/ Reid W. Harris Representative, 85th District Sworn to and subscribed before me, this 12th day of February, 1968. s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968.
Page 3539
CITY COURT OF BRUNSWICKDEPUTY SHERIFFS. No. 1181 (House Bill No. 1581). An Act to amend an Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2572), an Act approved March 24, 1965 (Ga. L. 1965, p. 2548), and an Act approved April 21, 1967 (Ga. L. 1967, p. 3469), so as to authorize the sheriff to employ additional deputies; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2572), an Act approved March 24, 1965 (Ga. L. 1965, p. 2548), and an Act approved April 21, 1967 (Ga. L. 1967, p. 3469), is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. 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 chief deputy shall be paid a salary of $3,750.00 per annum. The senior deputy sheriff shall be paid a salary of $3,300.00 per annum. There shall be three (3) additional senior deputy
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sheriffs, each of whom shall be paid a salary of $2,700.00 per annum. There shall be two (2) additional deputy sheriffs, hereby designated as junior deputy sheriffs, each of whom shall be paid a salary of $2,400.00 per annum. There shall be also an office deputy sheriff who shall act as clerk of the sheriff's office and who shall be paid a salary of $2,400.00 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 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 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. The provisions of this Act shall become effective on July 1, 1968. 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, so as to authorize the sheriff of said court to employ two additional deputies; to provide for their compensation;
Page 3541
to change the method of service of process in said court; to provide an effective date; and for other purposes. This 15th day of January, 1968. Ronald F. Adams Senator, 5th District Reid W. Harris Representative, District 85Post 1 Richard M. Scarlett Representative, District 85Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Reid W. Harris who, on oath, deposes and says that he is Representative from the 85th District, 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 Glynn County, on the following dates: January 16, 23, 30, 1968. Reid W. Harris Representative, 85th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968.
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BACON COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 1182 (House Bill No. 1582). An Act to consolidate the offices of tax receiver and tax collector of Bacon County into the office of tax commissioner of Bacon County; to provide for the rights, duties and liabilities of said office, to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for personnel; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to provide for audits; 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 Bacon County are hereby consolidated and combined into the one office of tax commissioner of Bacon County. The rights, duties and liabilities of said office of tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers of Bacon County is held in 1968, and the person so elected shall take office on January 1, 1969, for a term of four years and until his successor is elected and qualified. All future elections for tax commissioner shall likewise be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four years and until their successors are elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Bacon County and the terms of such tax collector and tax receiver shall continue through December 31, 1968. Should any vacancy occur in the office
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of tax commissioner, such be filled as vacancies are filled in the office of tax collector. Election, terms, etc. Section 3. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued. Taxes due. Section 4. The tax commissioner shall be compensated in an amount of not less than $7,500.00 nor more than $8,500.00 per annum, such annual compensation to be determined by the Commissioners of Roads and Revenues of Bacon County at a regular or special meeting of such commissioners during the month of December immediately preceding the year under consideration. Such compensation shall be paid in equal monthly installments from the funds of Bacon County. All fees, commissions, costs and other income collected by the tax commissioner including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of moter 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 commissions 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, Extra Session, p. 297), as amended, shall be the property of Bacon County, and once each month shall be turned over to the fiscal authority of said county by the Tax Commissioner with a detailed itemized and sworn statement showing the source from which such fees, commissions, costs and other income were collected; provided, however, that in addition to the salary provided for herein, said tax commissioner shall be entitled to a commission of 5% of all of the taxes collected by the tax commissioner which are a part of the last $10,000.00 increment of the Net Tax Digest. The commissioners of roads and revenues of Bacon County, may in their discretion and with the approval of the tax commissioner employ one or more persons as clerical aid for the tax commissioner, which clerk or clerks may also serve as clerk to the Bacon County tax assessors, for the total annual compensation of
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not less than $2,400.00 and nor more than $4,000.00 to be paid from the county treasury. Salary, etc. Section 5. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. Rounds. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed for the tax collector and shall give bond as provided for the tax collector. Oath and bond. Section 7. An annual audit shall be made of the tax commissioner's office, and such audit shall be made by a person selected by the commissioners of roads and revenues of Bacon County. The cost of such audit shall be paid from the funds of Bacon County. Audits. Section 8. 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 Bacon County to issue the call for an election for the purpose of submitting this Act to the voters of Bacon County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bacon County. The ballot shall have written or printed thereon the words: For approval of the Act consolidating the offices of tax receiver and tax collector of Bacon County into the office of Tax Commissioner of Bacon County. Against approval of the Act consolidating the offices of tax receiver and tax collector of Bacon County into the office of Tax Commissioner of Bacon County. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection
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of the Act shall vote against approval. If 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 Bacon 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 special 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. Notice. Notice is hereby given that there will be introduced at the January 1968 session of the General Assembly of Georgia, a bill to abolish the office of tax receiver and tax collector of Bacon County to create the office of tax commissioner; and for other purposes. This 31 day of January, 1968. James L. (Jimmy) Conner Representative, 91st District Personally appeared before the undersigned officer, authorized to administer oath, John Graham, publisher of Alma Times official organ of Bacon County, who on oath says that there appeared in the Alma Times on February 1, 8, 15, 1968, an advertisement for intent to introduce legislation by Jimmy Conner, representative 91st District, pertaining to consolidation of tax offices of Bacon County, Alma, Georgia.
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This 24th day of February, 1968. John Graham /s/ Harriet Carter Notary Public. My Commission expires Aug. 6, 1968. Approved April 10, 1968. CITY COURT OF STEPHENS COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 1184 (House Bill No. 1599). An Act to amend an Act establishing the City Court of Stephens County, approved February 22, 1937 (Ga. L. 1937, pp. 1214-1230), as amended, so as to provide that the salary of the judge of the city court shall be three thousand six hundred ($3,600.00) dollars per annum; and by further providing that the solicitor of said city court shall receive a salary of two hundred fifty ($250.00) dollars per month; to make such amendments retroactive to January 1, 1968, 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 Stephens County, approved February 22, 1937 (Ga. L. 1937, pp. 1214-1230), as amended, is hereby amended by striking from Section 10 of said Act the words twenty four hundred and inserting in lieu thereof the words thirty six hundred so that when amended said section shall read as follows: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be appointed and commissioned by the Governor, by and with the consent and advise of the Senate, who shall hold his office until December 31, 1940, and until his successor
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shall qualify, and thereafter, except in the case of a vacancy, the judge of said city court shall hold his office by virtue of an election by the qualified voters of Stephens County, and shall hold his office for a term of four years, beginning on the first day of January, 1941. At the regular election of county officers of Stephens County, in the year 1940, there shall be elected by the qualified voters of said County of Stephens a judge of said city court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1941, and at each of the regular elections held for the election of county officers, every four years thereafter a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said city court shall receive a salary of three thousand six hundred ($3,600.00) dollars per annum which shall be paid monthly by the clerk of the board of commissioners or other person or persons who are now or may hereafter be charged by law with the paying out of money of the County of Stephens, and shall be furnished an office in the courthouse as other county officers; and it shall be the duty of the commissioners of roads and revenue of said county, or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. Judge's salary. Section 2. Said Act is further amended by striking from section 14 of said Act the words one hundred fifty dollars and by inserting in lieu thereof two hundred fifty dollars so that when amended said section 14 shall read as follows: Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said city court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the first day of January, 1941, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses
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cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the superior court, and his fees for all other services rendered shall be the same as are a solicitor-general in the superior court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of two hundred fifty ($250.00) dollars per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said city court shall for his services in the Supreme Court and Court of Appeals to be paid out of the Treasury of the State in the same manner as the solicitor-general of the superior court is paid for like services rendered in said Courts. Section 3. This Act shall be retroactive from January 1, 1968. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that a Bill will be introduced in the General Assembly of Georgia to fix the salary of the judge of City Court of Stephens County at three hundred (300.00) dollars per month and to fix the Salary of the Solicitor-General of the City of Stephens County at two hundred fifty ($250.00) dollars per month. Don C. Moore, Representative, Stephens County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths Don C. Moore who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in The
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Toccoa Record which is the official organ of Stephens County, on the following dates: February 8th, 15th, 22nd, 1968. Don C. Moore Representative, 12th District Sworn to and subscribed before me this 26th day of February 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968. MADISON COUNTYPERSONNEL IN OFFICES OF CLERK OF SUPERIOR COURT, ORDINARY AND TAX COMMISSIONER. No. 1185 (House Bill No. 1603). An Act to amend an Act abolishing the present mode of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County known as the fee system and providing in lieu thereof annual salaries for such officers, approved March 31, 1965 (Ga. L. 1965, p. 3068), so as to change the provisions relating to the allowances provided for the clerk of the superior court, the ordinary and tax commissioner to be used in compensating personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present mode of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County known as the fee system and providing in lieu thereof annual salaries
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for such officers, approved March 31, 1965 (Ga. L. 1965, p. 3068), is hereby amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. In addition to the salaries provided above for said officers, the clerk of the superior court, the ordinary and the tax commissioner of Madison County shall each receive the sum of $3,750.00 per annum from the funds of Madison County to be used by said officers only for the purpose of compensating personnel employed within their respective offices. Such compensation shall be paid from the funds of Madison County in equal monthly installments. In addition to the sum provided herein for the employment of personnel by said officers, the tax commissioner shall be entitled to receive the sum of $1,800.00 per annum from the funds of Madison County to be used by said officer only for the purpose of employing additional personnel during the busy period of said officer. The tax commissioner is hereby authorized to determine the method of compensating such additional personnel employed during such busy period. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act abolishing the present mode of compensating the county officers of Madison County, known as the fee system, and providing in lieu thereof an annual salary for such officers, approved March 31, 1965 (Ga. L. 1965, p. 3068), so as to change the provisions relating to the compensation of such officers; to provide an effective date; and for other purposes. This 5th day of February, 1968. Edwin C. Poss Representative, 17th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edwin C. Poss who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of notice of intention to introduce local legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following dates: Febraury 9, 16, 23, 1968. Edwin C. Poss Representative, 17th District Sworn to and subscribed before me, this 26th day of February, 1968. s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968. FAYETTE COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 1186 (House Bill No. 1625). An Act to amend an Act abolishing the present method of compensating the clerk of the superior court of Fayette County, known as the fee system, and substituting in lieu thereof an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2237), so as to change the compensation of the clerk of the superior court of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present method of compensating the clerk of the superior court of Fayette County,
Page 3552
known as the fee system, and substituting in lieu thereof an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2237), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The clerk of the superior court of Fayette County shall receive a salary of $8,400 per annum, payable in equal monthly installments from the funds of Fayette County. The clerk of the superior court of said county shall have the authority to employ such deputy clerks and other personnel as he shall determine necessary to efficiently and effectively discharge the duties of his office. Such personnel shall be compensated as hereinafter provided. Salary. Section 2. This Act shall become effective January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. There will be a bill introduced at the 1968 session of the General Assembly to raise the salaries of the sheriff, clerk of court, tax commissioner and ordinary of Fayette County. William J. (Bill) Lee Arch Gary Lamar D. Northcutt Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lamar D. Northcutt, who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fayette County News which is the official
Page 3553
organ of Fayette County, on the following dates: January 31, February 7, 14, 1968. /s/ Lamar D. Northcutt Representative, 35th District Sworn to and subscribed before me this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968. FAYETTE COUNTYSALARY OF TAX COMMISSIONER. No. 1187 (House Bill No. 1626). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner of Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022), as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 3088), so as to change the compensation of the tax commissioner of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner of Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022), as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 3088), is hereby amended by striking from section 4 the figure 8,000.00 and inserting in lieu thereof the figure 8,900.00, so that when so amended section 4 shall read as follows:
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Section 4. The tax commissioner of Fayette County shall receive a salary of $8,900.00 per annum, payable in equal monthly installments from the funds of Fayette County. The tax commissioner of Fayette County shall have the authority to employ such clerks and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. Such clerks and other personnel shall be compensated in an amount not less than $3,750.00 per annum each, the exact amount to be determined by the governing authority of Fayette 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 perquisites of whatever kind, including those commissions allowed by an Act relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, 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 commissions 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. Section 2. This Act shall become effective January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. There will be a bill introduced at the 1968 session of the General Assembly to raise the salaries of the sheriff, clerk of court, tax commissioner and ordinary of Fayette County. William J. (Bill) Lee Arch Gary Lamar D. Northcutt Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lamar D. Northcutt
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who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fayette County News which is the official organ of Fayette County, on the following dates: January 31, February 7, 14, 1968. /s/ Lamar D. Northcutt Representative, 35th District Sworn to and subscribed before me this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1968. CITY OF SPARTANEW CHARTER. No. 1188 (House Bill No. 1628). An Act to reincorporate the City of Sparta in the County of Hancock; 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 and compensation; to provide their term of office; to provide for election and the procedures connected therewith; to provide for a mayor's or recorder's court in said city and the procedures connected therewith; to provide for its fiscal administration; to provide for penalties; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: ARTICLE I. Section 1.01. Incorporation . This Act is a charter and shall constitute the whole charter of the City of Sparta, Georgia, repealing and replacing the charter as provided by Georgia Laws of 1905, pages 1155-1162, as amended. The inhabitants of the City of Sparta as its corporate limits now exist, or shall hereafter be established as provided by law, shall continue in perpetuity as a body corporate and politic known as the City of Sparta. All of the corporate rights, privileges, powers, duties, liabilities, and obligations imposed by law upon said corporate body shall continue of full force and effect except as otherwise altered herein. All property rights of whatever nature held, owned, or possessed by the City of Sparta shall be preserved unto said city unless otherwise provided by this charter. The present elected officials shall remain vested of their titles and authority until such time as they are succeeded or reelected as provided herein. Section 1.02. Corporate Limits . Be it further enacted, that the corporate limits of the City of Sparta are hereby declared to be as follows: Beginning at a point at the intersection of Powelton Avenue and the old Sparta-Greensboro Highway and from said point of beginning running south 30 degrees 15 minutes west 1461 feet to a point; running thence south 79 degrees west 4149 feet to a point; running thence south 11 degrees east 2560 feet to a point; running thence south 82 degrees 45 minutes east 2358.3 feet to a point; running thence south 11 degrees 15 minutes west 436 feet to a point; running thence south 70 degrees east 558 feet to a point; running thence south 14 degrees 30 minutes west 222 feet to a point; running thence south 71 degrees 40 minutes east 440 feet to a point; running thence south 53 degrees 15 minutes east 1204 feet to a point; running thence north 79 degrees east 5,442 feet to a point; running thence south 69 degrees 30 minutes east 711.8 feet to a point; running thence south 75 degrees east 608.5 feet to a point; running thence north 11 degrees west 3716 feet to a point; running thence north 1330 degrees
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west 1505 feet to a point; running thence north 89 degrees west 2454.5 feet to a point; running thence north 80 degrees west 2290.8 feet to a point; running thence north 64 degrees 30 minutes west 743 feet to a point, said point being the point of beginning. Said property being located in the 102nd and/or 113th Districts, G. M., of Hancock County, Georgia, and being known as the present city limits of the City of Sparta, Georgia. Section 1.03. Corporate Powers . Be it further enacted, that the corporate powers of the city, to be exercised by the city council, may 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 fees and taxes on privileges, occupations, trades, and professions. (c) To appropriate and borrow money, not to exceed seven (7%) per cent of the gross tax digest, and to provide for the payment of the debts of the city, and to authorize the expenditure of said money for any municipal purposes, or for matters of National or State interest. (d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city. (e) 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. (f) 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
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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. (g) To grant franchises or make contracts for public utilities and public services, not to exceed periods of fifty 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. (h) To regulate the rates and services of public utilities insofar 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. (i) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia or other applicable public acts. (j) To require real estate owners to repair and maintain in a safe condition, the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so. (k) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (l) 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
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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. (m) 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. (n) To define a nuisance in the city and to provide for its abatement. The mayor or recorder of the city, as the case may be, shall have jurisdiction of all nuisance abatement proceedings in the city. The city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so. (o) 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 subsection does not apply to work done by and for public utilities. (p) To regulate and license weights and measures. (q) To provide that persons given jail sentences in the city court shall work out such sentences on the streets, or any public works of the city, or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers. (r) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for
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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. (s) 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. (t) To levy and provide for the collection of special assessments for public improvements. (u) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor, as hereinafter provided. (v) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in 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. (w) To pass such ordinances as they may think proper to prohibit, 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
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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. ARTICLE II . Section 2.01. Establishment of City Government . Be it further enacted, that the corporate and governmental powers of the City of Sparta shall be vested in a mayor and four (4) councilmen to be known as the Mayor and Council of the City of Sparta. The mayor and council shall be elected by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by duly established ordinances of the City of Sparta. Section 2.02 Mayor: Qualifications, Term of Office . Be it further enacted, that to be eligible for the office of mayor a person must meet the requirements of a qualified elector for members of the General Assembly as prescribed by State law, must have been a bona fide resident of the City of Sparta for one year next preceding the election in which he offers as a candidate, and must have no debts outstanding against him in favor of the city. The term of office of mayor shall be four (4) years. If at any time after his election a mayor or mayor-elect shall be convicted by a court of competent jurisdiction of a crime involving moral turpitude the office shall be declared by the council to be vacant and shall be filled in the manner herein prescribed for filling vacancies occurring in the office of mayor or councilman. Section 2.03. Councilmen: Qualifications, Terms of Office . Be it further enacted, that the qualifications for the office of councilman shall be the same as those prescribed
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for the office of mayor. The term of office of councilman shall be four (4) years: Provided, however, that in the first election held under this charter the two candidates for councilman receiving the highest number of votes shall serve for four years and the remaining two elected shall serve for two years, in order that the terms will be staggered. In the event of a three or four-way tie, the council shall determine by lot upon taking office who is to serve the two-year terms. Section 2.04 Compensation . Be it further enacted, that the mayor shall receive the sum of $500.00 per year as compensation and the councilmen shall receive no compensation but may be exempt from the minimum water bill. Provided, however, that said compensation and benefits to be received by mayor and councilmen may be changed by city ordinance, but no mayor and councilmen may change their own salaries during their term of office. Section 2.05. 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. Section 2.06 City Legislation . Be it further enacted, that any action of the council having 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 a majority of the council shall be required to pass any resolution or ordinance. The mayor shall not vote except to break a tie. 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.
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Section 2.07 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 records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. Salary of the city clerk and his term of office shall be as prescribed by the mayor and council. Section 2.08 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 attend the meetings of the council as directed; 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 and ordinances, prescribed by the mayor or council. The city attorney shall be compensated for his services in an amount and manner to be determined by the council by ordinance. ARTICLE III . Section 3.01 Organization . Be it further enacted, that the city government shall continue as presently organized, unless and until otherwise provided by ordinance. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill any number of offices and positions of employment, and may transfer or change the functions and duties of offices, positions of employment, department, and agencies of the City. Section 3.02 Administrative Duties of Mayor . Be it further enacted, that the mayor shall be the executive head
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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 may direct the city attorney to take such legal actions as necessary for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this Act. Section 3.03. Mayor's or Recorder's Court . Be it further enacted, that there shall be a mayor's or recorder's court in said city, for the trial of all offenders against as 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 in writing by the mayor may hold court. Said recorder or mayor shall have full power and authority to sentence any offender, upon conviction, to labor upon the streets or other public works in said city for a period not exceeding thirty days, or to impose a fine not exceeding 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 fifty (50) 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 or mayor'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
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said mayor and council shall as early thereafter as is practicable, hear and determine the 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 Hancock 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 done against the laws or ordinances of the city, the arresting officer shall carry 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 Sparta, any policeman or marshal thereof, and to 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 Sparta shall have authority to release any person arrested for a violation of any
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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 Sparta 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 sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the City of Sparta and the recorder and shall be directed as warrants are directed, as 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 property and of the defendant and surety therein as if the same were issued upon judgment 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 3.04 Other Officers and Employees . Be it further enacted, that the council by ordinance, may establish offices
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and positions employment any 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 3.05 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 Sparta, and that I will faithfully discharge the duties of the office of. So help me God. Section 3.06 Political Activity Prohibited . Be it further enacted, that no officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any city or other public office. ARTICLE IV . Section 4.01 Regular Elections, Time for Holding . Be it further enacted, that the regular election for mayor and councilmen, or councilemen, shall be held on the second Monday in April of every even numbered year. Officials elected at any regular election shall take office on the first day of May next following such election. Section 4.02 Qualification of Electors . Be it further enacted, that any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of Sparta for six months next preceding the election in which he desires to vote, and who has no delinquent debts owing to the city, shall be qualified to register as an elector in any city election held under this charter.
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Section 4.03 Election Managers . Be it further enacted, that the mayor and council shall elect, at least thirty days prior to every election, three qualified electors of the City of Sparta who shall be election managers. The election managers shall be responsible for the proper conduct of the election, for preventing any fraud in connection therewith, for the proper counting of the ballots, and for certifying the results as prescribed herein. Prior to the opening of the polls the election managers shall take the following oath in the presence of any judge, justice of the peace, or in the presence of each other: I, (name), do solemnly affirm that I will fulfill the responsibility placed upon me as an election manager to the best of my ability, that I will uphold the law in connection therewith, and faithfully certify the results as prescribed by law. So help me God. Section 4.04 Conduct of Elections - Notice . Be it further enacted, that the mayor and council shall give notice of every regular or special city election at least thirty (30) days prior to said election by advertisement in the newspaper in which Hancock County Sheriff's advertisements are made, and by posting said notice in at least three conspicuous places within the city. The notice shall contain the time and place of holding the election, the offices to be filled and any other questions to be voted on. Section 4.05 Time of Elections - Ballots . Be it further enacted, that the polls shall be open from 7 o'clock a.m. to 7 o'clock p.m. All voting shall be by ballot. Section 4.06 Place of Elections . Be it further enacted, that the place for holding elections shall be prescribed by the mayor and council in the election notice. Section 4.07 Voter Registration . Be it further enacted, that in all elections held in the City of Sparta, whether primary election, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as herein provided for. It shall be the duty of the
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clerk of the City of Sparta to open at his office in said city, within ten days from the date of approval of this Act, a book for the registration of voters for said City of Sparta, and keep the same open at his office at all times when his office is open for the payment of taxes or transaction of city business, except as hereinafter provided. Each person entitled to vote in said city shall prescribe in said book, which shall be arranged in alphabetical order, his or her name, age, place or residence, and occupation. Said clerk must not permit any one to register who is not entitled to do so; and if he knowingly permits this to be done, he shall be discharged from office or otherwise punished as the mayor and council may decide. Such registration shall be permanent, and all names registered as herein prescribed shall remain upon said list and be qualified to vote in any election so long as said voters shall not become disqualified or his or her name be stricken from the registration list as hereinafter provided. The said registration book shall be closed ten (10) days immediately preceding each election held in said city, whether the same be a primary election, special or general election, after which time no one shall be allowed or permitted to register for such election, and not until after such election, when said book shall be reopened for registration of voters. At all other times said book shall be kept open as herein provided. No person shall be allowed to vote at any election held in said city unless he or she has registered prior to the closing of said books and his or her name appears upon the registration list. Section 4.08 Voter's Lists - Purging . Be it further enacted, that it shall be the duty of the clerk of said city to check the registration list from time to time as may be required by the mayor and council of said City of Sparta; and upon finding the name of any voter who has become disqualified by failure to pay taxes, removal from the city, or other legal cause, he shall furnish the mayor and council of said city with a list of such names with the reasons for their disqualifications, and it shall be the duty of the said mayor and council to revise said registration lists and determine whether the name of such voter should be stricken from the list, after the clerk has given five days written notice to said voter of the time and place when said matter will be
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acted upon by said mayor and council, said notice to be served either personally by any officer of said city authorized to serve city processes, or by mailing same to the last known address of the voter. At the time fixed in the notice the voter shall have the right to be heard by the said mayor and council before any final action is taken, if he or she so desires. Section 4.09 Voter's Lists - Board of Registrars . Be it further enacted, that the mayor and council of the City of Sparta may prescribe such further rules and regulations with reference to registering, or the revision of the registration lists, as they may see fit and proper, and may create a board of registrars if deemed best, and may delegate to, and place upon, said board of registrars any or all of the duties herein imposed upon the clerk or the mayor and council, and they may place any or all of said duties upon any official or officials of said city they may designate, and provide additional compensation to be paid therefor if they see fit. Section 4.10 Challenge . Be it further enacted, that any candidate, election manager, or qualified elector may challenge any voter and upon such challenge an election manager shall cause the challenged voter to take the following oath: I, (name), do solemnly swear that I meet the requirements of an elector for members of the General Assembly of Georgia, that I have resided in Sparta for at least six months preceding this election, that I owe no delinquent debts of any nature to the City of Sparta and that I have not previously voted in this election. So help me God. This oath shall be subscribed on the voter's list opposite the name of the challenged elector. Section 4.11 Supplies . Be it further enacted, that the mayor and council shall direct that all necessary supplies including ballots, needed for holding the election are placed in the hands of election managers. Section 4.12 Counting the Ballots, Certifying Results . Be it further enacted, that the election managers shall proceed
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to count the ballots when the polls are closed. When all votes have been recorded, the ballots will be sealed in a container and delivered to the city clerk who shall retain them, unopened, for ten days. In the event the election is contested or a recount demanded, the election managers in the presence of the council shall reopen the ballots and conduct such recount or take other action as deemed necessary to assure that no mistake or fraud has occurred. Cases of contested elections shall be heard and decided by the mayor and council. If there is no contest, at the end of ten days the ballots will be destroyed by the clerk. The tally sheets containing the results of the election, along with the voter's list shall be certified by the managers and sealed in an envelope. The election managers shall place their signatures over the seal, and within twenty-four hours deliver the envelope to the mayor. The mayor shall call a meeting of the council at the earliest convenient time and in the presence of the council, the mayor shall open the envelope and announce the results. Those persons receiving the highest number of votes for any office shall be declared elected. Section 4.13 Rules . Be it further enacted, that the mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter as are deemed necessary for the conduct of elections. Section 4.14 Special Elections, Vacancies, Bond Issues . Be it further enacted, that in the event of a vacancy from any cause whatsoever in an elective office, the mayor and council, or those remaining, shall call a special election to be held not less than thirty nor more than forty-five days from the time such vacancy occurs. Such special election shall be held in accordance with the procedure established by this charter for regular elections. Special elections may be called at any time by the mayor and council for the purpose of voting on bond issues or other questions required or permitted by law to be presented to the electorate. The procedure established for regular elections shall govern: Provided, however, that in the case of
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bond issues the election notice shall conform to the requirements of State law. ARTICLE V . Section 5.01 Fiscal Year . Be it further enacted, that the fiscal year of the city government shall begin on the first day of May and shall end on the thirtieth day of April of each year, but a different fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 5.02 Mayor to Submit Annual Budget . Be it further enacted, that on or before a date fixed by the council, but not later than fifteen 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) revenues and expenditures during the preceding fiscal year, (b) appropriations and estimated revenue and expenditure for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, and (d) such other information and data, as may be considered necessary by the mayor or requested by the council. Section 5.03 Action by Council on Budget . Be it further enacted, that at the first regular meeting of the mayor and council of the ensuing fiscal year, the council shall adopt an appropriate 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 of 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. Section 5.04 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
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as to said mayor and council shall deem equitable and just to the city. Section 5.05. Annual Audit . Be it further enacted that the mayor and council shall employ a public accountant or 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 mayor and council, at a mutually agreeable time, and shall prepare a summary of the report which shall be furnished or made available to the mayor and council. A copy of said report shall be filed in the office of city clerk and shall be available for public inspection during regular office hours. Section 5.06 Property Taxes . Be it further enacted, that all property subject to taxation for state or county purposes, shall be subject to a property tax levied by the city. The council by ordinance may elect to use the county assessment or may provide for an independent city evaluation and/or assessment as provided by Georgia Law. If an independent city assessment is made, a board of equalization, consisting of three councilmen appointed by the mayor, or three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent a notice by ordinary mail, of a new or increased assessment; provided that such notice shall not be required, nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as provided by general law. The board of equalization may increase or decrease the assessment of all property of the same class by a uniform percentage; in which case individual notices shall not be mailed but a notice of such action shall be published once in the official city newspaper; such a blanket increase or decrease shall not be subject to appeal. The authority and duties of such city assessing personnel shall be the same as those provided by general law for county assessing personnel. The city clerk shall meet with and assist the board of equalization. The board of equalization,
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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 5.07 Tax Levy . Be it further enacted, that the mayor and council shall make a tax levy, expressed as a fixed rate per one hundred ($100.00) dollars, 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 of the new fiscal year. Provided, however, that the tax rate shall not exceed $1.00 per $100.00 of assessed valuation in addition to any levy made for the purpose of retiring bonds. Section 5.08 Tax Due Date and Tax Bills . Be it further enacted, that the due date of property taxes shall be fixed by ordinance. The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent sixty days after a due date; at which time a penalty of five per cent (5%) in addition to a fi fa charge shall be added and thereafter such taxes shall be subject to interest at the rate of seven (7%) per cent 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 effect of a judgment of a court of record. Section 5.09 Collection of Delinquent Taxes . Be it further enacted, that the mayor and council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor for the sale of goods and chattels, which are to be executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from a justice of the peace, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city and/or county taxes, or by any two or more of the foregoing methods, and by the use of any other available legal processes and remedies. A lien shall exist against all property on
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which city property taxes are levied, as of the delinquent date of December 20th 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 5.10 Special Assessments . Be it further enacted, that the city may assess all or part of the cost of constructing, reconstructing, widening, or improving any street or 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 per cent (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 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 VI . Section 6.01 Severability Clause . Should any provision of this Act or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. ARTICLE VII . Section 7.01. Effective Date . This Act to be effective immediately upon its passage by the General Assembly and approval by the Governor. ARTICLE VIII . Section 8.01. Repealer . All laws and parts of laws in conflict herewith are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1968, Session of the General Assembly of Georgia, a bill to create a new charter for the City of Sparta, Georgia; and for other purposes. This 5th day of February, 1968. /s/ Marvin E. Moate Representative, 39th District 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 the 39th District, 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 Hancock County, on the following dates: February 8, 15, and February 22, 1968. Marvin E. Moate Representative, 39th District Sworn to and subscribed before me, this 28th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1970. (Seal). Approved April 10, 1968.
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CITY OF ROSWELLTERMS OF MAYOR AND COUNCILMEN. No. 1189 (House Bill No. 1630). 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 10, 1964 (Ga. L. 1964, p. 2799), so as to change the terms of office of the mayor and council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 10, 1964 (Ga. L. 1964, p. 2799), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. A general election shall be held in said city on the first Wednesday in November 1968 to elect a mayor and six councilmen. The candidate for mayor and the three candidates for councilmen who receive the highest number of votes cast in said election shall be elected for terms of office of four years each and until their successors are duly elected and qualified. The three candidates for councilmen who receive the next highest number of votes cast in said election shall be elected for terms of office of two years each and until their successors are duly elected and qualified. A general election shall be held in said city on the first Wednesday in November 1970 and biennially thereafter to elect successors to the city officers whose terms of office are expiring. The terms of office of the mayor and councilmen shall be four years each and they shall serve until their successors are duly elected and qualified. In the event a councilman shall die, resign, be removed or otherwise become disqualified and 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
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term or until the next general election and until his successor is duly elected and qualified. 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 1968 Regular Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Roswell, so as to change the terms of office of the mayor and council change provision relating to tax assessment, to provide procedures connected with the foregoing and for other purposes. This 18th day of January, 1968. W. L. Mabry, Jr. Mayor, City of Roswell State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 19, 26th days of January, 1968, and on the 2nd day of February, 1968. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 13th day of February, 1968. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 10, 1968.
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LAW BOOKS TO LOOKOUT MOUNTAIN JUDICIAL CIRCUIT. No. 263 (House Resolution No. 111-257). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Lookout Mountain Judicial Circuit; and for other purposes. Whereas, the judge of the original judgeship of the Lookout Mountain Judicial Circuit is in need of certain law books in order to transact the business of the court and of said circuit. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the aforesaid Lookout Mountain Judicial Circuit, for the use of said judge, a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports. Approved April 11, 1968. LAW BOOKS TO FANNIN COUNTY SUPERIOR COURT. No. 264 (House Resolution No. 431-952). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Fannin County, Georgia; and for other purposes. Whereas, such books are necessary for the clerk to transact the business of the court and that of the county and the State.
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Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Clerk of the superior court of Fannin County, without costs to said county, the following volumes of the Georgia Supreme Court Reports, to-wit: 14, 17, 22, 23, 24, 25, 26, 30, 32, 36, 37, 41, 49, 55, 57, 69, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 106, 107, 108, 110, 111, 112, 114, 115, 116, 117, 118, 119, 121, 122, 123, 124, 125, 137, 141, 144, 145, 146, 147, 148, 149, 151; and the following volumes of the Georgia Court of Appeals Reports, to-wit: 21, 22, 23, 36, 42. Approved April 11, 1968. LAW BOOKS TO ORDINARY'S COURT OF FANNIN COUNTY. No. 265 (House Resolution No. 432-952). A Resolution. Authorizing anddi recting the State Librarian to furnish certain law books to the Ordinary's Court of Fannin County, Georgia; and for other purposes. Whereas, such books are necessary for the ordinary to transact the business of the court of ordinary and that of the county and State. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the ordinary of Fannin County, without costs to said county, the following volumes of the Georgia Supreme Court Reports, to-wit: 1, 2, 4, 6, 9, 12, 16, 19, 20, 21, 25, 28, 33, 35, 38, 46, 47, 69, 75, 77, 87, 88, 89, 93, 102, 103, 108, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 134, 137, 147, 148, 149, 150, 153, 154, 173, 199; the following volumes of the Georgia Court of Appeals Reports, to-wit: 9, 20, 21, 32. Approved April 11, 1968.
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COBB COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 1190 (House Bill No. 1243). An Act to amend an Act creating a board of commissioners of roads and revenues for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964 Ex. Sess., p. 2075), as amended, by an Act approved March 5, 1965 (Ga. L. 1965, p. 2192), by an Act approved February 28, 1966 (Ga. L. 1966, p. 2070), by an Act approved March 31, 1967 (Ga. L. 1967, p. 2350), and by an Act approved April 18, 1967 (Ga. L. 1967, p. 3182), so as to provide for the selection of a chairman pro tem; to change the provisions relating to the appointment of certain officers and employees of Cobb County; to provide that the chairman shall have the authority to appoint and fix the compensation of such officers and employees subject to approval or rejection by the commission by a majority vote thereof; to provide that the commission may remove from office or employment certain officers and employees of Cobb County by majority vote; to change the provisions relating to the qualifications of the executive assistant to the chairman; to provide for the selection of a chairman pro tem; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, by an Act approved March 5, 1965 (Ga. L. 1965, p. 2192), by an Act approved February 28, 1966 (Ga. L. 1966, p. 2070), by an Act approved March 31, 1967 (Ga. L. 1967, p. 2350), and by an Act approved April 18, 1967 (Ga. L. 1967, p. 3182), is hereby amended by adding a new section between sections 10 and 11 to be designated section 10A and to read as follows: Section 10A. The board of commissioners of roads and revenues shall elect from one of its members a chairman
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pro-tem who, in the absence or incapacity of the chairman, shall serve in his stead and while acting shall exercise all rights and privileges conferred on the chairman. In the event of death of the chairman, the chairman pro-tem shall act as chairman until a successor is duly elected and qualified. Chairman pro-tem. Section 2. Said Act is further amended by striking section 13 in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. (a) The chairman shall have exclusive authority to appoint and fix the compensation of the appointive officers and employees of Cobb County subject to the following limitations and requirements: (1) The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this Act. Chairman. (2) The compensation fixed by the chairman shall be within budgetary provisions subject to approval or rejection by a majority of the board of commissioners in each and every case. (3) All appointments shall be in accordance with the civil service merit system laws of Cobb County which may now be in force or which may hereafter be adopted, when such laws are applicable to such appointments. (4) As to department heads, the person appointed and the amount of compensation fixed by the chairman shall be subject to approval or rejection by a majority vote of the commission, which may be the chairman and any two members, or any three members of the commission. (b) The commission, by majority vote, which may be the chairman and any two members, or any three members of the commission, may remove from office or employment any department head of Cobb County, provided the removal of such department head is not otherwise provided for by the civil service merit system laws of Cobb County which may
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now be in force or which may hereafter be adopted. At any time the chairman may discharge any employee other than a department head, and the chairman may suspend any department head, but such suspension shall be confirmed or rejected by a majority vote of the board of commissioners of roads and revenues at the next regular or special called meeting, unless action is continued by the board. Confirmation of the chairman's suspension shall constitute discharge of the department head. (c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to members of boards and commissions, and positions of employment in connection therewith, when such boards and commissions were created by law, nor to the elective county officers of Cobb County and employees under their supervision and control. (d) It is specifically provided that the elective county officers of Cobb County shall have the sole authority to appoint the personnel employed within their respective offices, subject to the civil service and merit system laws of Cobb County which may now be in force or which may hereafter be adopted, when applicable to such personnel, but the commission, by majority vote, which may be the chairman and any two members, or any three members of the commission, shall have the authority to approve or reject the salary recommended for each such employee. Section 3. Said Act is further amended by striking section 15 in its entirety and substituting in lieu thereof section 15, which shall read as follows: Section 15. Executive Assistant to Chairman . The chairman shall appoint an executive assistant to the chairman. His compensation shall be approved by the board of commissioners of roads and revenues, which shall be spread upon the minutes of the board of commissioners of roads and revenues. Said executive assistant shall, in general exercise such routine duties of the chairman as shall be delegated to him by the chairman. The executive assistant shall have successfully completed formal training in business administration, engineering or public administration
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or shall have had at least two years' experience in one or more of the three fields. The executive assistant shall serve at the pleasure of the chairman or may be discharged by a majority vote of the board of commissioners. The chairman shall be authorized and empowered from time to time to increase, diminish, alter or modify the duties of the executive assistant, according to his discretion. Such authority shall be effective as of January 1, 1967. 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, 1968 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Henderson, Jr. who, on oath, deposes and says that he is Representative from the 102nd District, 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
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Cobb County, on the following dates: December 22, 29, January 5, 12, 19, 1968. /s/ J. H. Henderson, Jr. Representative, 102nd District Sworn to and subscribed before me, this 30th day of January, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1970. (Seal). Approved April 11, 1968. MORGAN COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 1191 (House Bill No. 1287). An Act to amend an Act creating a board of commissioners of roads and revenues in and for the County of Morgan, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1088), an Act approved February 2, 1945 (Ga. L. 1945, p. 547), an Act approved February 6, 1952 (Ga. L. 1952, p. 2173), an Act approved March 25, 1958 (Ga. L. 1958, p. 2913), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2942), so as to change the compensation of the chairman, the vice-chairman, and other members of said board of commissioners; to change the mileage rate for traveling 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. An Act creating a board of commissioners of roads and revenues in and for the County of Morgan, approved
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March 22, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1088), an Act approved February 2, 1945 (Ga. L. 1945, p. 547), an Act approved February 6, 1952 (Ga. L. 1952, p. 2173), an Act approved March 25, 1958 (Ga. L. 1958, p. 2913), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2942), is hereby amended by striking section 9 in its entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9. The chairman of said board shall receive a salary of $200.00 per month. The vice-chairman of said board shall receive a salary of $150.00 per month. The other members of the board shall receive the sum of $125.00 per month. In addition thereto, all members shall receive mileage at the rate of eight cents per mile for expenses in attending board meetings or otherwise attending to the duties of their office. All expense bills shall be approved by the board before payment. Salaries. Section 2. This Act shall become effective on January 1, 1969. 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 regular 1968 session of the General Assembly of Georgia, a bill to amend an Act creating the board of commissioners of roads and revenues of Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, so as to change the compensation of the chairman, vice chairman, and other members of said board of commissioners; to change the mileage rate for traveling expenses; to provide for an effective date; and for other purposes. This 26 day of December 1967. /s/ E. R. Lambert Representative, 38th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of notice of intention to introduce local legislation was published in the The Madisonian which is the official organ of Morgan County, on the following dates: December 28, 1967 and January 4, 11, 1968. /s/ E. R. Lambert Representative, 38th District Sworn to and subscribed before me, this 5th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 11, 1968. CITY OF SMYRNACORPORATE LIMITS. No. 1193 (House Bill No. 1351). 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.
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2505), an Act approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March 2, 1962 (Ga. L. 1962, p. 2550), an Act approved March 20, 1963 (Ga. L. 1963, p. 2424), an Act approved March 11, 1964 (Ga. L. 1964, p. 2913), an Act approved March 31, 1965, (Ga. L. 1965, p. 3023), an Act approved March 4, 1966 (Ga. L. 1966, p. 3219), an Act approved March 25, 1966, (Ga. L. 1966, p. 3433), and an Act approved April 21, 1967, (Ga. L. 1967, p. 3299), so as to amend said charter as amended in order to add a new section to said charter to be known as section 4 (p) of said charter in order to increase the corporate limits of the City of Smyrna; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931, (Ga. 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), an Act approved March 20, 1963 (Ga. L. 1963, p. 2424), an Act approved March 11, 1964 (Ga. L. 1964, p. 2913), an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), an Act approved March 4, 1966 (Ga. L. 1966, p. 3219), an Act approved March 25, 1966 (Ga. L. 1966, p. 3433), and an Act approved April 21, 1967 (Ga. L. 1967, p. 3299), is hereby amended by adding a new section to said charter of the City of Smyrna, to be known and designated as section 4 (p) which shall be inserted between section 4 (o) and section 5 of said charter, and which shall read as follows:
Page 3589
Section 4 (p). 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), 4 (j), 4 (k), 4 (l), 4 (m), 4 (n), and 4 (o) of this Act, as amended, all of the area embraced within the following described tracts and parcels of lands: Parcel One: All that tract or parcel of land lying and being in land lots 845 and 846, 17th district, 2nd section, Cobb County, Georgia and being more particularly described as follows: Beginning at the point of intersection of the west line of land lot 846 with the south side of Spring Road also the existing city limits of the City of Smyrna; running thence easterly following the south side of Spring Road 676.9 ft. to an iron pin; running thence southerly 1056.6 ft. to an iron pin located on the north right-of-way boundary of the N. C. and St. L. Railroad; running thence southwesterly following the north right-of-way boundary of the N. C. and St. L. Railroad 863.0 ft. to an iron pin located at the point of intersection of the west line of land lot 845 with the north right-of-way boundary of the N. C. and St. L. Railroad; running thence north along the west line of land lot 845 for a distance of 319.8 ft. to the point of intersection of land lots 845, 846, 810 and 811 and the city limits of the City of Smyrna; running thence north along the west line of land lot 846 and the city limits of the City of Smyrna for a distance of 1,188.2 ft. to the south side of Spring Road at the point of beginning. Said parcel one being a part of ward 1 as provided in Georgia Laws, 1965, p. 3023, et seq. Parcel Two: All that tract or parcel of land lying and being in land lot 302, 17th district, 2nd section, Cobb County Georgia and being more particularly described as follows: Beginning at a point on the west side of Old Concord Road and the city limits of the City of Smyrna 122.9 ft. south of the intersection of the west side of Old Concord Road with the westerly side of South Cobb Drive, as measured along the west side of Old Concord Road; thence running south 0 degrees 30 minutes east along the west side of Old Concord Road and the city limits of the City of Smyrna a
Page 3590
distance of 216.2 ft. to an iron pin; thence running north 85 degrees 37 minutes west a distance of 205.12 ft. to an iron pin; thence running north 84 degrees 44 minutes west a distance of 1.18 ft. to a point and corner; thence running north zero (0) degrees 30 minutes west a distance of 207.61 ft. to a point and corner on the city limits of the City of Smyrna; thence running south 88 degrees zero (0) minutes east and along the city limits of the City of Smyrna a distance of 205.75 ft. to an iron pin on the west side of Old Concord Road and to the point of beginning. Said parcel two being a part of ward 6 as provided in Georgia Laws, 1965, p. 3023, et seq. Parcel Three: All that tract or parcel of land lying and being in land lot 412, 17th district, 2nd section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point at the intersection of the northwesterly right-of-way of Smyrna Hill Drive with the southwesterly right-of-way of South Cobb Drive and the city limits of the City of Smyrna; running thence southeasterly across Smyrna Drive along the southwesterly right-of-way of South Cobb Drive and the city limits of the City of Smyrna for a distance of 30 ft., more or less, to an iron pin at the intersection of the southeasterly right-of-way of Smyrna Drive with the southwesterly right-of-way of South Cobb Drive; running thence south 40 degrees 03 minutes 28 seconds east for a distance of 282.1 ft. along the southwesterly right-of-way of South Cobb Drive and the city limits of the City of Smyrna to an iron pin; running thence south 47 degrees 53 minutes 04 seconds west for a distance of 186.6 ft. to an iron pin; running thence north 40 degrees 03 minutes 28 seconds west for a distance of 295.5 feet to an iron pin located at the southeasterly right-of-way of Smyrna Drive; running thence northwesterly across Smyrna Drive for a distance of 30 ft., more or less, to the northwesterly right-of-way of Smyrna Drive and the city limits of the City of Smyrna; running thence north 52 degrees east a distance of 187 ft., more or less along the northwesterly right-of-way of Smyrna Drive and the city limits of the City of Smyrna to the point of beginning.
Page 3591
Said parcel three being a part of ward 7 as provided in Georgia Laws, 1965, p. 3023, et seq. Parcel Four: All that tract or parcel of land lying and being in land lot 412, 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the southwest side of South Cobb Drive and the city limits of the City of Smyrna, said point being three hundred thirty (330) feet northwest from a point formed by the intersection of the southwest side of South Cobb Drive and the north side of Lake Drive, as measured along the southwest side of South Cobb Drive, said point also being the northwest corner of the Allen property; running thence southwest along the Allen property, property of T. A. Merritt, Jr., and the city limits of the City of Smyrna, for a distance of two hundred (200) feet to a point; running thence northwesterly for a distance of twenty (20) feet to a point; running thence northeasterly for a distance of two hundred (200) feet, more or less, to a point on the southwest side of South Cobb Drive and the city limits of the City of Smyrna; running thence southeasterly along South Cobb Drive and the City Limits of the City of Smyrna for a distance of twenty (20) feet to the point of beginning. Said parcel four being a part of ward 7 as provided in Georgia Laws, 1965, p. 3023, et seq. Parcel Five: All that tract or parcel of land lying and being in land lot 339, 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point at the intersection of the southeasterly side of Concord Road with the west side of Cooper Lake Road and the city limits of the City of Smyrna; running thence northeasterly across Cooper Lake Road for a distance of 45 feet, more or less, to an iron pin at the intersection of the southeasterly side of Concord Road with the east side of Cooper Lake Road; running thence south 77 degrees east for a distance of 353 feet to an iron pin; running thence south 6 degrees west for a distance of 250 feet to an iron pin; running thence north 77 degrees west for a distance of 353 feet to an iron pin located on the east side of Cooper
Page 3592
Lake Road; running thence westerly across Cooper Lake Road for a distance of 40 feet, more or less, to the west side of Cooper Lake Road and the city limits of the City of Smyrna; running thence north 6 degrees east along the west side of Cooper Lake Road and the city limits of the City of Smyrna for a distance of 235 feet, more or less, to the point of beginning. Said parcel five being a part of ward 7 as provided in Georgia Laws, 1965, p. 3023, et seq. Parcel Six: All that tract or parcel of land lying and being in land lot 336 and 385, 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point of intersection of the north side of Reed Road with the easterly side of Cooper Lake Road and the city limits of the City of Smyrna; running thence easterly a distance of 1,470 ft., more or less, along the north side of Reed Road and the city limits of the City of Smyrna to a point on the east line of land lot 385; running thence southerly across Reed Road for a distance of 50 ft., more less, along the city limits of the City of Smyrna and the east line of land lot 385 to a point on the south side of Reed Road; running thence south for a distance of 215 ft. along the east line of land lot 385 and the city limits of the City of Smyrna to a point; running thence west for a distance of 1,348.7 ft. to a point on the west line of land lot 385; running thence north along the west line of land lot 385 for a distance of 48 feet to a point; running thence west for a distance of 259 ft. to a point on the east side of Cooper Lake Road; running thence northerly along the eastern side of Cooper Lake Road for a distance of 396 ft. to a point at the intersection of the south side of Reed Road with the easterly side of Cooper Lake Road; running thence northerly across Reed Road for a distance of 50 ft., more or less, to the point of beginning. Said parcel six being a part of ward 7 as provided in Georgia Laws, 1965, p. 3023, et seq. Parcel Seven: All that tract or parcel of land lying and being in land lots 411 and 412, 17th district, 2nd section,
Page 3593
Cobb County, Georgia and being more particularly described as follows: Beginning at the city limits of the City of Smyrna and an iron pin on the southeasterly side of Lake Drive 842 feet southwesterly along the southeasterly side of Lake Drive from the corner formed by the intersection of the southeasterly side of Lake Drive and the southwesterly side of South Cobb Drive; running thence northeasterly along the southeasterly side of Lake Drive and following the curvature thereof, for a distance of 517 feet to an iron pin; running thence southeasterly a distance of 204.3 feet to an iron pin; running thence southwesterly for a distance of 130 feet to an iron pin; running thence southeasterly for a distance of 335.5 feet to an iron pin and the city limits of the City of Smyrna; running thence westerly for a distance of 609 feet along the city limits of the City of Smyrna to the point of beginning. Said parcel seven being a part of ward 7 as provided in Georgia Laws, 1965, p. 3023, et seq. Parcel Eight: All that tract or parcel of land lying and being in land lots 807, 808, and 848 of the 17th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point formed by the intersection of the north line of land lot 807 with the southwesterly right-of-way of Marietta-Atlanta Expressway, also known as U. S. 41 Highway; running thence south 40 degrees 04 minutes east along the said southwest right-of-way of the said U. S. 41 Highway for a distance of 172.6 feet to an iron pin; running thence south 1 degree 02 minutes east along the east line of land lot 807 for a distance of 1162.5 feet to an iron pin, point and corner located at the common corner of land lot 807, 808, 848 and 849; running thence south 88 degrees 28 minutes east along the northerly line of land lot 848 for a distance of 914.2 feet to an iron pin, point and corner located on the said southwesterly side of said U. S. 41 Highway; running thence south 36 degrees 42 minutes east for a distance of 149.9 feet to an iron pin, point and corner formed by the intersection of the said southwesterly side of the said U. S. 41 Highway and the westerly right-of-way of Hargrove Drive; running thence south and southwesterly along the said westerly right-of-way
Page 3594
of said Hargrove Drive and following the curvature thereof for a distance of 1226.5 feet to an iron pin, point and corner located at the intersection of the said westerly right-of-way of the said Hargrove Drive with the southerly line of land lot 848; running thence north 88 degrees 59 minutes west for a distance of 864 feet to an iron pin and corner located at the common intersection of land lots 808, 809, 847 and 848; running thence north 0 degrees 38 minutes east along the west line of land lot 848 for a distance of 1031.7 feet to an iron pin, point and corner; running thence south 88 degrees 50 minutes west for a distance of 528 feet to an iron pin, point and corner; running thence south 0 degrees 57 minutes east for a distance of 1020.45 feet to an iron pin, point and corner located on the southerly line of land lot 808; running thence south 88 degrees 51 minutes west for a distance of 801 feet to an iron pin, point and corner formed by the common corner of land lots 776, 777, 808, and 809; running thence north along the west line of land lots 808 and 807 for a distance of 2613.45 feet to the common corner formed by land lots 778, 779, 806 and 807; running thence north 88 degrees 51 minutes east along the north line of land lot 807 for a distance of 1211.3 feet to the point of beginning. Said parcel eight being a part of ward 1 as provided in Georgia Laws, 1965, p. 3023, et. seq. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. 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, and all rules, ordinances and regulations of said town, not in conflict with this Act, shall be and remain of full force and effect. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly
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of Georgia, a bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 955, et seq.), as heretofore amended; and for other purposes. This 14th day of December 1967. Cyrus M. Chapman Sam P. Hensley Sentors Bob Howard Joe Mack Wilson J. W. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Robert Howard who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in The Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12 and 19, 1968. G. Robert Howard Representative, 101 District Sworn to and subscribed before me, this 8 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1970. (Seal). Approved April 11, 1968.
Page 3596
CITY OF BAXLEYCHARTER AMENDED. No. 1194 (House Bill No. 1433). An Act to amend an Act providing for a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, so as to provide that the mayor shall have a vote on all matters before the council; to provide for setting election day, setting the polling place as Baxley city hall, setting voting hours from 7:00 a.m. to 7:00 p.m.; to provide for the appointment of a city manager, his term of office, duties, salary, powers, authority, and method of removal during his term, his annual city budget; to provide for the method of employing and discharging city employees; to provide the duties of the council, the preparation of an annual audit and the selection of an auditor; to provide for setting the penalty for failing to return property within the city limits for taxation; to extend the period of appealing a tax assessment from five (5) days to fifteen (15) days; to delete sections 42, 45 and 56 of said charter as amended; to include Baxley Municipal Airport property within the municipal limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act providing for a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700) as amended, is hereby amended by adding thereto the following: Provided, however, that the following described property known as Baxley Municipal Airport, located approximately three (3) miles south of the south city limits of the City of Baxley, be and is hereby incorporated and made a part of the City of Baxley, and the said property is hereby included within the corporate limits of the City of Baxley, said property being: All that tract or parcel of land situate, lying and being in the second land district of Appling County, Georgia, consisting of 190.59 acres, more or less, of lot of land no. 192, and 56.78 acres, more or less, of lot of land
Page 3597
no. 191, consisting of tracts nos. 1 and 2 as shown on a plat dated April 12, 1966, made in connection with Baxley Municipal Airport project, recorded in office, clerk of superior court, said county, plat book no. 5 page 62. Said tracts of land lie in one body, being bound: North by lands of Appling County, an established line as shown on said plat dividing: northeast by a road; southeast by U. S. Highway No. 1; south by lands known as the Appling Turpentine Company lands; and, west by lands of Brunswick Pulp and Paper Company. Corporate limits. The mayor and council of the City of Baxley, shall have power to make such rules and regulations for the government of the said Baxley Municipal Airport as they may deem proper and right, and shall have full power and authority to enforce the same by penalty; and they are hereby clothed with the same authority over the said territory, that they now have over the City of Baxley. Section 2. Said Act is further amended by striking section 3 of said Act and substituting in lieu thereof a new section 3 to read as follows: Section 3. That the municipal government be vested in a mayor and five councilmen, who shall constitute the city council, and who shall be elected to three-year, staggered terms, as provided in section 3 (a), below. Said elections to be held on the second Tuesday of December 1968, and each second Tuesday of December thereafter. Terms. Section 3. Said Act is further amended by striking the last two sentences of section 3 (b) which read as follows: The mayor shall not vote on questions before the council except in the case of tie, in which case the mayor shall cast the deciding vote. The mayor shall not have the right of veto, and by substituting in lieu thereof the following: The mayor is a member of the council and shall have full voting powers equal to that of any other member of council. The mayor shall not have the right of veto. Mayor.
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Section 4. Said Act is further amended by striking the last sentence of section 5 which reads as follows: The place of holding said election shall be the council chamber, and the polls shall be kept open between the hours of 7 A.M. and 6 P.M. o'clock., and by substituting in lieu thereof the following sentence: The place of holding said election shall be the Baxley City Hall, and the polls shall be kept open from 7:00 a.m. to 7:00 p.m. o'clock. Elections. Section 5. Said Act is further amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8, to read as follows: Section 8. That the office of city manager is hereby created. The council shall appoint a city manager who shall be the chief administrative officer of the city government. The city manager shall be chosen by majority action of the council solely on the basis of his executive and administrative capabilities and qualifications, with special reference to his actual experience in, or his knowledge of, accepted practices in the field of municipal management and finance. No member of the council shall be appointed city manager during the term for which he shall have been elected. City manager. The city manager shall be appointed for such term as the council shall prescribe and shall be eligible to succeed himself. Upon vacancy in the office of city manager for any cause, the council shall proceed to fill such vacancy as soon as practicable. The city manager, during his term of office, may be removed by a 4/6 vote by the council. At least thirty (30) days before such removal may become effective, the city manager shall be furnished with a formal statement from the council stating their intentions to remove him and the reasons therefor, with reasonable particularity. The city manager may reply in writing to such notice if he so desires. The mayor and council may fix a time for a public hearing
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upon the question of his removal if they so desire; and if, within five (5) days after his receipt of notice from the mayor and council of their intention to remove him, the city manager shall request a public hearing, then the mayor and council shall fix a time for a public hearing upon the question of his removal; and if, in either event, a time for a public hearing upon the question of his removal is fixed by the mayor and council, the final resolution removing the city manager shall not be adopted until such public hearing has been held. At the time of notifying the city manager of their intention to remove him, the mayor and council may suspend him from duty but his pay shall continue until his removal shall become effective as herein prescribed. The action of the mayor and council in removing the city manager shall be final and conclusive and not subject to review. In case of the absence, disability or suspension of the city manager, or in case of a vacancy in the office of city manager, the mayor and council may designate a qualified person to temporarily perform the duties of the city manager during such absence, disability, suspension or vacancy. (a) The city manager shall receive such compensation as may be prescribed by the mayor and council. (b) The city manager shall devote all of his working time and attention to the affairs of the city and shall be responsible to the mayor and council for the efficient administration of all of the affairs of the city over which he has jurisdiction. (c) The city manager shall have the following powers and duties: (1) To see that all laws and ordinances of the city are enforced. (2) To appoint, subject to the confirmation of the mayor and council, heads of such departments as the mayor and council shall from time to time establish, and to appoint, without the confirmation of the mayor and council, such police officers and other employees as may be necessary or proper.
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(3) To remove department heads only after consultation with the mayor and council; to remove police officers and other employees of the City of Baxley without the consent of the mayor and council. (4) To fix salaries and compensation of the department heads of the various city departments within the minimum and maximum limits prescribed by council, and to fix all salaries and compensation of all other city employees lawful employed by him. (5) To exercise supervision and control of all departments of the city that are now or may hereafter be created by the mayor and council, except as otherwise provided for in this Act. (6) To attend all meetings of the mayor and council, with a right to take part in the discussion but having no vote. The city manager shall be entitled to notice of all special meetings of the mayor and council. (7) To recommend to the mayor and council the adoption of such measures, ordinances and resolutions as he may deem necessary or expedient. (8) With the approval of the mayor and council, make and execute all lawful contracts except as otherwise provided for herein, on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and council; provided, however, no realty of any kind or character be purchased except when so authorized by the mayor and council, nor shall any other property now or hereafter owned by said city, either real or personal, be sold, leased or otherwise disposed of except in strict accordance with the provisions of Section 61(b) of the city charter as amended. (9) The city manager shall, at the first regular meeting in each calendar year, submit to the mayor and council for their consideration a budget of the proposed expenditures of the city for the ensuing year, the probable revenue for that year and from what sources it is expected. Said annual
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budget shall be divided by calendar months and shall show in as much detail as practicable the amount allotted to each department of the city government. Said budget, as submitted by the city manager, shall be subject to the approval of the mayor and council who may make such changes therein as they shall deem advisable. Upon the approval of said annual budget by said mayor and council, thereafter, no part of any amount allotted to any department shall be expended by the city manager on account of any other department except with the prior consent of the mayor and council, and the city manager shall not expend for any department during any calendar quarter of said year any amount that exceeds one-fourth (1/4) of the amount budgeted for said department in said annual budget, except with the previous consent of the mayor and council. Said budget, when submitted by the city manager to the mayor and council for its consideration, shall reserve not less than five (5%) percent of the probable revenue anticipated for said year as a deficiency appropriation reserve, which reserve shall be allocated and expended only with the approval of the mayor and council. (10) To keep the mayor and council at all times fully advised as to the financial condition and needs of the city. (11) To make a full report to the mayor and council each month, showing the operations and expenditures of each department of the city government for the preceding month. (12) To perform such other duties as may be required by ordinance or resolution of the mayor and council. (13) The city manager shall be the purchasing agent for the city and shall make all purchases of supplies for the various departments of the city and shall approve all vouchers for the same; provided, however, that the mayor and council, at their first meeting after the approval of this Act and at their first meeting of each calendar year thereafter, shall fix a maximum monetary limit which the city manager, as such purchasing agent for the city, shall not exceed in any single purchase without the prior approval of the mayor
Page 3602
and council. During said calendar year for which such annual monetary limit is adopted, the mayor and council may from time to time amend this maximum monetary limit either upwards or downwards. Further, the mayor and council may, by resolution, require competitive bids on purchases under such rules and regulations as the mayor and council may from time to time prescribe. (14) The city manager, before entering upon the discharge of his duties, shall give such bond, conditioned in such manner, as the mayor and council shall require and the city manager shall have authority to require of all employees under his jurisdiction such bond, under such conditions, as he shall require and all of such bonds shall be payable to the City of Baxley, and its successors, for the benefit of the city and all premiums on all such bonds shall be paid by the city. (15) Within thirty (30) days after the end of each calendar year, the city manager shall submit a detailed financial report of the affairs of the city, which report shall be audited by the city auditor. (16) To request, at the expense of the city, when needed by him, the services and advice of the city attorney; provided the expense of the same shall not exceed two hundred ($200.00) dollars, in any one month, in addition to the retainer of such city attorney, without the approval of the mayor and council. (17) To request, at the expense of the city, when needed by him, the services and advice of the city auditor; provided the expense of same shall not exceed two hundred ($200.00) dollars in any one month, in addition to the prescribed fees of such city auditor, without the approval of the mayor and council. (d) During any vacancy in the office of city manager, until the same shall be filled by the mayor and council as herein provided, the mayor and council shall have power and authority to perform all of the functions of the manager.
Page 3603
(e) The mayor shall be the official head of the city, and as such may exercise, in the corporate limits and police limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have the power, when necessary in his opinion, to give such orders through the city manager to the city police as he shall deem necessary, and to call on any and every male inhabitant of said city over eighteen (18) years of age to aid the city in suppressing riot and disorder and in enforcing the laws of said city. Section 6. Said Act is further amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12, to read as follows: Section 12. That the city manager shall be authorized to employ such police officers as he may see fit for the proper police protection of said city, one of which officers, with consent of council, shall be designated as chief of police, and such officers shall be employed for such term as the council may see fit and shall receive such compensation as may be fixed by the city manager. The chief of police shall also be known as `marshal' and the chief of police and members of the police force shall be clothed with such authority as may be conferred upon the marshal and marshals by the city charter of the city. The chief of police and all members of the police force shall be directly responsible to the manager of the city and subject to his orders. In case of a vacancy in office of the city manager, or his absence from the City of Baxley, during such vacancy or absence members of the police force shall be responsible to and subject to orders of the mayor. No costs or fees shall be paid any member of the police force for any arrest or case made. Police officers. The city manager shall further be authorized to recommend to council a clerk and a treasurer, one person being eligible to fill both places, and to recommend compensation, term of that office, and additional duties. Clerk, etc. Section 7. Said Act is further amended by adding a new section, to be designated as section 12A, to read as follows:
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Section 12A. The council, in addition to other duties provided for, shall have the following duties: To see that all laws, ordinances, rules, regulations, and resolutions of the city are faithfully and fully executed and enforced; to appoint all heads of departments and all committees; to see that officers of the city shall faithfully perform the duties required of them; to require such reports from officers and heads of departments as may seem necessary; to see that all records and books of account are accurately and properly kept, and to exercise general supervision and jurisdiction over the affairs of the city. Duties of council. The council shall provide for an independent annual audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. Section 8. It shall be lawful for the marshals of said city to arrest without warrant any person or persons within the corporate limits of said city who shall be guilty of violating any of the ordinances of said city or any state law, which violations take place in the presence of said marshals, and to hold the person arrested for trial in the guard house of said city or such place as may be by the city council provided, or to take bond for the appearance of such persons for trial before the mayor's court. Arrests. Section 9. Said Act is further amended by striking from section 31 the words double taxed, and inserting in lieu thereof, subject to a penalty not to exceed ten (10%) percent, so that when so amended said section shall read as follows:
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Section 31. That all property not returned for taxation within the time provided by the city council shall be subject to a penalty not to exceed ten (10%) percent. Taxation. Section 10. Said Act is further amended by striking from section 33 the words and where it is found that it has not been, said property shall be assessed at double its true value, so that when so amended said section shall read as follows: Section 33. That it shall be the duty of said tax assessors within such time as may be provided by the city council to meet and carefully canvass all tax returns made in said city, placing a valuation of all real estate and personalty returned at the full, fair market value of such real estate and personalty, that in the judgment of said tax assessors has been returned at less than its full, fair market value. It shall be the duty of said assessors to carefully and diligently seek to ascertain the fair market value of all property returned or that they shall assess, and to this end shall inspect the property where necessary, and make such other investigation as may be necessary to ascertain the true value of all property subject to taxation by said city. It shall further be the duty of said assessors to make careful investigation for the purpose of determining whether all property subject to taxation by said city has been returned. Tax assessments. Section 11. Said Act is further amended by striking from section 37 the word five and inserting in lieu thereof fifteen, so that when so amended said section shall read as follows: Section 37. Immediately upon assessment being made, the clerk shall notify by mail the persons whose property has been assessed. Within fifteen (15) days from the date of mailing such notice any person dissatisfied with the assessment placed upon his property may file with the clerk a written protest, specifying wherein said assessment is objected to, whereupon the assessors shall fix a time, of which at least one day's notice shall be given to the person
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objecting, when said objection will be heard. Upon hearing same said assessors may increase or decrease or leave unchanged the assessment originally made and their action thereof shall be final, provided, however, that nothing herein shall be construed to deprive any person of any legal remedy regarding any contention that he may have that he is being unjustly, or illegally taxed, or being deprived of his property without due process of law. Same. Section 12. Said Act is further amended by striking section 42 in its entirety. Section 13. Said Act is further amended by striking section 45 in its entirety. Section 14. Said Act is further amended by striking section 56 in its entirety. Section 15. Said Act is further amended by striking from section 60 the words or phrases as follows: horses, or other animals, as well as; Mayor's, all drays, omnibuses, buggies, carriages, wagons and cart,; and said section is further amended by adding the words city manager, so that said section when so amended shall read: Section 60. That the city council shall have the right and power to pass all such ordinances, bylaws, rules and regulations as may, in their discretion, be necessary to carry out and enforce the authority granted under this charter, and as they may think necessary for the good, order, peace, health, prosperity, comfort and security of said city and the inhabitants thereof; to adopt such rules and regulations for the government of the city council and officers of said city as may be deemed advisable; to prohibit the commission of any character of disorderly conduct within said city; to regulate the speed and running of locomotives within said city; to provide against obstructions in or on the streets, sidewalks, alleys, lanes, etc., of said city, and to have full and complete control of all such streets, sidewalks, etc., to prevent trash being thrown thereon or any class of merchandise
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or other thing or article being placed therein; to provide for the police officers or mayor of said city calling upon any citizen of said city to aid in the enforcement of the laws thereof, or in effecting an arrest therein, and provide for the punishment of any person failing or refusing to lend such aid; to regulate all classes and species of traffic and trade, shows, performances, or whatnot within the corporate limits of said city; to regulate the speed of vehicles, bicycles, automobiles or other means of locomotion; to prohibit the maintenance of any nuisance; to provide for the trial and punishment in the recorder's court of said city of persons engaged in gambling therein; to suppress rowdy and disorderly houses, gambling dens, houses of ill fame, and to prohibit the sale or exhibition of any obscene or immoral publications, prints, or illustrations within said city; to require all residents within said city to keep around their premises and places of business in a healthy, cleanly, sightly condition and free from trash; to take such action as may be necessary to prevent the introduction or spread of contagious diseases; to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions in the sidewalks or streets; to regulate and control all taverns and public houses, tanyards, blacksmith shops, forges, stores, chimneys, etc., in said city; to regulate and control all commercial and private vehicles owned, kept or used in said city; to fill up or cause to be filled up all pits, cellars, wells, or other excavations in said city; to require the ditching of any place or lot where it may appear necessary; to provide for the issuance of summonses to parties to appear for trial before the recorder's court and punishment as for contempt for any such person failing to appear, and to provide for the issuance of all such other writs, processes, summonses and subpoenas as it may see fit, with like penalty; to regulate all manner of sports and games engaged in within the limits of said city; to prohibit cruelty to animals within the limits of said city; to prescribe such rules and regulations with respect to engaging in any business or calling within said city and with respect to obtaining a special license as it may see fit; to enact what is commonly known as a curfew law in and for said city; to prescribe the duties of the city manager, clerk, treasurer,
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marshal and other officers of said city and provide a penalty for failure to perform the same; to exercise all the rights, powers and privileges that may be exercised by any municipal government of this State under the general police power of such municipalities and to provide for the trial and punishment in the recorder's court of said city of persons violating any ordinance, rule or bylaw authorized by this charter by the infliction of the punishment hereinbefore authorized to be inflicted by said recorder's court. Ordinances. Section 16. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. An Act to amend an Act approved August 21, 1911, providing for a new charter for City of Baxley, as amended, so as to provide: The mayor to have a vote on all matters before council; setting election day, setting the polling place as Baxley city hall, setting voting hours from 7 A.M. to 7 P.M.; the appointment of a city manager, his term of office, duties, salary, powers, authority, and method of removal during his term, his annual city budget; the method of employing and discharging city employees; the duties of the council, the preparation of an annual audit and the selection of an auditor; the right of the city police department to make arrests anywhere within Appling County for violations against city ordinances upon the issuance of proper warrants; setting the penalty for failing to return property
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within the city limits for taxation; to extend the period of appealing a tax assessment from five (5) days to fifteen (15) days; to delete sections 42, 45 and 56 of said charter as amended; to include Baxley Municipal Airport property within the municipal limits; for the repeal of laws in conflict therewith; and for other purposes. E. O. Branch, Legislator 74th District of House of Representatives State of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. O. Branch who, on oath, deposes and says that he is Representative from the 74th District, 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 Appling County, on the following dates: January 25, and February 1, 8, 1968. E. O. Branch Representative, 74th District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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TOWN OF FORT OGLETHORPECHARTER AMENDED. No. 1195 (House Bill No. 1440). An Act to amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 2843), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2721), so as to provide for staggered terms of office for the mayor and aldermen; to provide for nonpartisan elections; to provide for annual audits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 2843), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2721), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. Election of Mayor and Aldermen . On the first Saturday in December, 1968, an election shall be held at which the mayor and five aldermen shall be elected, who shall take office on January 1st after said election for terms of office as follows: the mayor shall serve for a term of office of three years and until his successor is duly elected and qualified. The aldermen elected to represent Ward 1 and Ward 4 shall serve for terms of office of three years each and until their successors are duly elected and qualified. The aldermen elected to represent Ward 2, Ward 3 and Ward 5 shall serve for terms of office of two years each and until their successors are duly elected and qualified. Beginning with the town election in 1970, there shall be an annual election held on the first Saturday in December each year thereafter to elect successors to the officers of the town whose terms of office are expiring. All candidates in such election shall file with the clerk of said town at least fifteen
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days before said election a written and signed notice of his candidacy for the office for which he shall offer and shall file said written and signed notice at or before 5:00 p.m. o'clock at least fifteen days before said election. No person so failing to qualify as a candidate shall be eligible to have his name placed on the ballot in such election. The clerk under the direction of the mayor and aldermen shall have ballots prepared and no other ballots shall be used or be legal. Section 2. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. Nonpartisan elections; managers and rules for elections . All elections held in and for said town shall be nonpartisan and shall be managed by a justice of the peace or other judicial officer and by two (2) freeholders or by three (3) freeholders, residents of said town to be selected by the mayor; before entering into the duties as managers they shall take and subscribe the following oath, `All and each of us do swear that we will faithfully superintend this day's election; that we will make a just and true return thereof and we will not knowingly permit anyone to vote in this election unless we believe he is entitled to vote according to the laws of said town, nor will we knowingly prohibit anyone from voting who is by law entitled to vote.' Said oath to be signed by all managers in the capacity in which he acts. The oath may be administered by any officer qualified to administer oaths or the managers may swear each other. Said managers of an election shall be paid such compensation as determined just and appropriate by the board of aldermen. The polls in all elections held in and for said town shall be open from seven (7) o'clock, a.m. until six (6) o'clock, p.m., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the results. They shall keep two lists of voters and two tally sheets and shall make a certificate of the result on each tally sheet. The person receiving the highest number of votes for the
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respective offices, shall be declared to be elected. One of said tally sheets, and one of said lists of voters, together with the ballot, shall be placed by the managers in an envelope or box and sealed and filed with the clerk of said town. The other list of voters and tally sheet shall be kept by such managers for a period of thirty days. Such envelope or box filed with the clerk shall be opened at the next regular meeting of the mayor and aldermen and the results of the election declared by them, after which all of said election papers shall be placed in said envelope or box and kept by the clerk without inspection, provided no contest be filed or pending for a period of sixty days, after which same may be destroyed. The mayor and aldermen of said town are authorized and empowered to adopt such other and further reasonable rules for the conduct of elections in said town as they may deem proper. Contests over any election held in said town may be had in the manner as provided by the laws of Georgia in cases of municipal election contests. Section 3. Said Act is further amended by inserting between section 17 and Section 18 a new section to be designated section 17A to read as follows: Section 17A. Annual Audit . The mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the town. The accountant shall file his report with the mayor and council, at a time agreed upon between the accountant and the mayor and council, and shall prepare a summary of the report which shall be published once in the official newspaper of the town. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1968 session of the General Assembly of Georgia a bill amending the charter of the Town of Ft. Oglethorpe, Georgia, as amended so as to provide that the mayor and the
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aldermen shall be elected in staggered terms; and to further provide that all elections held in and for the Town of Fort Oglethorpe shall be non-partisan elections; and to further provide that the mayor of said town shall have the books and the records of said town audited annually by a certified public accountant, same to be made public; and for other purposes. This 17th day of January, 1968. /s/ Bert Ward Representative 2nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bert Ward who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Catoosa County News which is the official organ of Catoosa County, on the following dates: January 25, February 1, 8, 1968. Bert Ward Representative, 2nd District Sworn to and subscribed before me, this 12th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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CITY OF AUSTELLCORPORATE LIMITS. No. 1196 (House Bill No. 1475). 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 26, 1964 (Ga. L. 1964, p. 3264), an Act approved March 30, 1965 (Ga. L. 1965, p. 2844), an Act approved March 4, 1966 (Ga. L. 1966, p. 3060), and an Act approved January 9, 1967 (Ga. L. 1967, p. 3171), so as to increase the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 26, 1964 (Ga. L. 1964, p. 3264), an Act approved March 30, 1965 (Ga. L. 1965, p. 2844), an Act approved March 4, 1966 (Ga. L. 1966, p. 3060), and an Act approved January 9, 1967 (Ga. L. 1967, p. 3171), is hereby amended by adding after section 3L a new section to be numbered section 3M and to read as follows: Section 3M. On and after the approval of this Act, the corporate limits of the City of Austell shall include the following tracts: Tract Number One . All that tract or parcel of land lying and being in land lot 1302 of the 19th district, 2nd section, Cobb County, Georgia, and being known as lot 1, block A, W. P. Davis property, as per plat recorded in plat book 5, page 144, Cobb County records, and being more particularly described as follows: Beginning at a point on the north side of Bankhead Highway, at the line between lots 1 and 2, which point is located 730 feet northwesterly and west from the intersection of the northeasterly side of Bankhead
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Highway and the northwesterly side of Davis Drive, as measured along the northeasterly and north side of Bankhead Highway, this being the present city limits of the City of Austell; running thence west along the north side of Bankhead Highway a distance of 100 feet; running thence north a distance of 654 feet to the north line of land lot 1302; running thence east along the north line of land lot 1302 a distance of 102 feet to the northwest corner of lot 2; running thence south along the line between lots 1 and 2 a distance of 623 feet to the north side of Bankhead Highway at the point of beginning. Tract Number Two . All that tract or parcel of land lying and being in land lots 1211 and 1212 of the 19th district and second Section of Cobb County, Georgia, as per plats of same prepared by Carl A. Cochran, Registered Surveyor, for Jimmy Brannon, dated October 22, 1964, and being more particularly described as follows: Beginning at a point on the south line of said land lot 1211 where same is intersected by the west right-of-way line of Jones Road; running thence south 88 degrees and 27 minutes west along the said south line of land lot 1211 for a distance of 885.6 feet more or less to the center of Olley Creek, this being the present city limit line of the City of Austell; running thence northwesterly along the center line of said Olley Creek and following the meanderings thereof for a distance of 627 feet more or less to a point; running thence north 83 degrees 58 minutes east for a distance of 1224 feet more or less to an iron pin; running thence south 0 degrees 56 minutes west for a distance of 56 feet to an iron pin; running thence south 81 degrees 46 minutes east for a distance of 200 feet to a point on the westerly right-of-way of Jones Road; running thence south 31 degrees 32 minutes west along the westerly right-of-way of said Jones Road for a distance of 296 feet to an iron pin; running thence north 58 degrees 01 minutes west for a distance of 200 feet to an iron pin; running thence south 31 degrees 48 minutes west for a distance of 125 feet to an iron pin; running thence south 58 degrees 01 minute east for a distance of 200 feet to an iron pin on the westerly right-of-way of Jones Road; running thence southwesterly along the westerly right-of-way of Jones Road and following the curvature thereof for a distance of 236.7 feet more
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or less to an iron pin located at the point where said westerly right-of-way of Jones Road intersects the south line of land lot 1211, this being the point of beginning. Tract Number Three . All that tract or parcel of land lying and being in land lot 1231 of the 19th district, second section, Cobb County, Georgia, and being substantially shown on subdivision plat of Clyde Clay prepared by W. P. Johnson, Registered Surveyor, dated March 28, 1952, recorded in plat book 11, page 86, Cobb County records, and being more fully described as follows: Beginning at a point on the northerly right-of-way of Perkerson Mill Road where same is intersected by the westerly right-of-way of a proposed unnamed street, such point also being the southeast corner of subdivided lot 33 on the aforesaid plat; running thence northwest along the westerly right-of-way of said proposed unnamed street and the easterly line of said subdivided lot 33 for a distance of 350 feet more or less to a point on the south line of land lot 1212 where same is intersected by said westerly right-of-way of the proposed unnamed street; running thence west along the south line of said land lot 1212 for a distance of 600 feet more or less to the east side of a public road known as Jones Road; running thence southerly along the east side of the public road known as Jones Road for a distance of 700 feet more or less to the northerly right-of-way of Perkerson Mill Road; running thence northeasterly along the northerly right-of-way of Perkerson Mill Road and along the southerly lines of subdivided lots 37, 36, 35, 34, and 33 for a distance of 800 feet more or less to the westerly right-of-way of the aforesaid proposed unnamed street and the point of beginning. This being the same property as that deeded by Frank Richardson to H. D. Boone and Gertrude Thompson Boone by warranty deed, dated October 17, 1953, recorded in deed book 275, folio 148, Cobb County records. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly
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of Georgia, a bill to amend the charter of the City of Austell (Ga. L. 1929, p. 862, et seq), as heretofore amended; and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Robert Howard who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12 and 19, 1968. G. Robert Howard Representative, 101st District Sworn to and subscribed before me, this 15th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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STEWART COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 1197 (House Bill No. 1484). An Act to increase the compensation of the tax commissioner of Stewart County to provide that all fees, costs or other emoluments of the tax commissioner 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 periodic statements; to provide for the payment of the operating expenses of the office of tax commissioner; to provide for the employment of deputies, clerks, assistants and all required personnel by said tax commissioner; to provide for the compensation for such personnel; to repeal a duplicate section of a prior Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Whereas, the grand jury of Stewart County recommended that the compensation of the tax commissioner be increased. Be it enacted by the General Assembly of Georgia: Section 1. The tax commissioner of Stewart County shall receive an annual salary between five thousand five hundred ($5,500.00) dollars and seven thousand ($7,000.00) dollars, payable in equal monthly installments from the funds of said county. The exact amount of said salary shall be fixed by any grand jury sitting at any time after this Act becomes effective, with the approval of the governing authority of said county. Salary. Section 2. After the effective date of this Act, said tax commissioner shall diligently and faithfully undertake to collect all fines, fees, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisities 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, except as hereinafter provided, and shall pay the same into the
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county treasury 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 into the county treasury, said tax commissioner 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 amounts of money collected and the source thereof. Fees. Section 3. It is specifically provided that the salary provided herein shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisities of whatever kind, except 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, Extra Session, 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. Section 4. The tax commissioner shall have the authority to appoint such deputies, clerks, assistants and other personnel as shall be deemed necessary to efficiently and effectively discharge the official duties of his office. Said tax commissioner shall, from time to time, recommend to the governing authority of said county the number of such 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 governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of said tax commissioner, during his 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,
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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 office of tax commissioner, 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 tax commissioner, 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 the office of tax commissioner shall be at the sole discretion of the governing authority of said county. Office expenses. Section 6. The official bond of said tax commissioner and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by the tax commissioner, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bond. Section 7. Section 1 of an Act fixing the compensation of the tax commissioner and compensating the offices of the disbursing clerk and clerk of commissioner of roads and revenues in certain counties, approved March 17, 1958 (Ga. L. 1958, p. 2327), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 2541), which reads as follows: Section 1. The tax commissioner in all counties having a population of not less than 7,370 nor more than 7,450 according to the 1960 census or any future census, shall receive a salary of $3,600 per annum, payable monthly out of county funds. Provided, however, upon approval of any grand jury sitting at any time after the passage of this Act, said salary shall be increased to $4,200 per year., Prior Acts repealed. is hereby stricken in its entirety. Section 8. The provisions of this Act shall become effective beginning with the next term of office of the tax commissioner. Effective date.
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Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Stewart County. Pursuant to the recommendation of the Stewart County grand jury, notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an act creating the office of tax commissioner, approved March 24, 1933, Georgia Laws, 1933, page 660 as amended, so as to change the compensation of the tax commissioner, and for other purposes. This the 16th day of January, 1968. J. Lucius Black Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in The Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: January 18, 25 and February 1, 8, 1968. J. Lucius Black Representative, 6th District Sworn to and subscribed before me, this 15th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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CITY OF McDONOUGHSALE OF PUBLIC RECREATIONAL FACILITIES. No. 1198 (House Bill No. 1497). An Act to amend an Act to consolidate, amend, and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, in the County of Henry, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, so as to authorize the governing authority of said city to sell, lease or dispose of public recreational facilities; to provide for the execution of instruments by the mayor and council; to provide for advertisements; to provide for competitive bids; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to consolidate, amend, and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, in the County of Henry, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, is hereby amended by adding between section 7A and section 8 a new section to be designated as section 7B to read as follows: Section 7B. (a) The mayor and council of said city shall have the authority to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools or other property which has been dedicated to a public use for recreation or park purposes, or has been dedicated to a public use for recreation or park purposes by a private citizen, corporation or association and thereafter acquired by said city, without regard to whether said public use has been previously abandoned, or that said property has become unsuitable or inadequate for the purpose for which originally dedicated, said disposition to be on such terms and conditions as may be deemed desirable or necessary. (b) Such sale, lease, grant or disposal shall be in the discretion of and the necessary instruments to effect such
Page 3623
sale, lease, grant or disposal shall be executed by the mayor and council of said city. (c) Any sale, lease, grant, exchange or other disposal of any property under the provisions of this charter shall be made only after advertising such sale in the newspaper in which the sheriff's advertisements are published for the county in which the land to be disposed of lies, once a week for two weeks. Such advertisements shall describe the property, shall state the manner of disposition to be made, shall specify the time and place of such disposition, and shall state that the same will be made to the highest bidder. All sales and other dispositions made under the provisions of this charter shall be made to the highest and best bidder for cash after advertisement as herein provided: Provided, however, that the mayor and council shall have the right to reject all bids in the event the high bid shall prove unsatisfactory for any reason, and said property shall then be readvertised and disposed of under the provisions above 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 regular 1968 Session of the General Assembly of Georgia, a bill to amend an Act to consolidate, amend and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, in the County of Henry, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, so as to authorize the governing authority of said city to dispose of parks, playgrounds, swimming pools or other property which has been dedicated to a public use for recreation or park purposes; to provide the procedure connected therewith; and for other purposes. This 15th day of January, 1968. Ray M. Tucker, Representative, 36th District
Page 3624
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of notice of intention to introduce local legislation was published in The Weekly-Advertiser which is the official organ of Henry County, on the following dates: January 18, 25, and February 1, 1968. Ray M. Tucker Representative, 36th District Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 11, 1968. JUVENILE COURT OF CLARKE COUNTYJUDGE'S SALARY. No. 1203 (House Bill No. 1553). An Act to amend an Act fixing the compensation of the judge of the Juvenile Court of Clarke County, approved April 5, 1961 (Ga. L. 1961, p. 3108), so as to change the compensation of the judge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the judge of the Juvenille Court of Clarke County, approved April 5,
Page 3625
1961 (Ga. L. 1961, p. 3108), is hereby amended by striking from section 1 the following: six thousand dollars per annum and substituting in lieu thereof the following: seventy-eight hundred ($7,800.00) dollars per annum, 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 the authority of the same, that from and after the passage and approval of this Act, the compensation of the judge of the Juvenile Court of Clarke County Georgia shall be seventy-eight hundred ($7,800.00) dollars per annum, which amount shall be paid from county funds in equal monthly installments. 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 local bill will be introduced in the January 1968 session of the Legislature to fix the salary of the judge of the Clarke County Juvenile Court, to provide the method of payment of same and for other purposes. This 29th day of December, 1967. Leon Farmer, Jr. Chappelle Matthews Paul C. Broun Representatives, Clarke County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chappelle Matthews
Page 3626
who, on oath, deposes and says that he is Representative from the 29th District, and that the attached copy of notice of intention to introduce local legislation was published in the Athens Daily News which is the official organ of Clarke County, on the following dates: January 5, 12, 19, 1968. Chappelle Matthews Representative, 29th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 11, 1968. CITY OF RIVERDALECHARTER AMENDED. No. 1204 (House Bill No. 1556). An Act to amend an Act incorporating the City of Riverdale, in the County of Clayton and State of Georgia, approved Feb. 13, 1956 (Ga. L. 1956, p. 2205), as amended particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2737), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2815), so as to delete provisions thereof prohibiting increases of the salaries and compensation of the mayor and council and other officers, agents and employees of said city during their respective terms of office; to increase the maximum salary of the mayor of said city to $600.00 per year and the maximum salary of each councilman of said city to $400.00 per year; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 3627
Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Riverdale, in the County of Clayton and State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2737), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2815), is hereby amended by striking section 21 in its entirety and inserting in lieu thereof a new section 21 to read as follows: Section 21. City Officers . Be it further enacted that at the first regular meeting of the mayor and council in January, 1969, and annually thereafter, the mayor and council shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of three thousand dollars for the faithful performance of his duties; a marshal who may be chief of police and as many policemen and policewomen as in the judgment of the mayor and council shall be necessary; a city attorney and recorder and such other officers as the mayor and council shall deem necessary in the good government of the city. Each of said officers shall take such oaths; perform such duties and give such bonds as the mayor and council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Riverdale. Said mayor and council shall have the power and authority to suspend and remove said officers, on their discretion; and it shall be the duty of the mayor and council to fix the salaries of said mayor and council and salaries or compensation for all other officers, agents and employees of said city. The salary of the mayor of said city shall not exceed the sum of $600.00 per year and the salary of each councilman of said city shall not exceed the sum of $400.00 per year. All expenditures of the mayor and council for city purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and council have allowed the same. The mayor and council may, at any time, employ as many policemen for said city for such length of time as said mayor and council may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and council as
Page 3628
above provided, in accordance with the provisions of this charter. Section 2. Effective Date of Amendment . The provisions of this Act shall become of full force and effect immediately upon approvel by the Governor or otherwise becoming 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 there will be introduced at the January 1968 session of the General Assembly of Georgia, legislation to amend the charter of the City of Riverdale in the County of Clayton and State of Georgia (Ga. L. 1956, pp. 2205-2250) approved February 13, 1956, and all Acts amendatory thereof, and particularly that amendment of said charter (Ga. L. 1960, pp. 2737-2746) approved March 17, 1960, so as to delete provisions thereof prohibiting increases of the salaries and compensation of the mayor and council and other officers, agents and employees of said city during their respective terms of office; to increase the maximum salary of the mayor of said city to $600.00 per year and the maximum salary of each councilman of said city to $400.00 per year; to repeal laws conflicting with the legislation to be introduced, and for other purposes. Mayor and Council City of Riverdale By Charles T. Ballard City Attorney Publisher's Affidavit. Georgia, Clayton County. Before the undersigned officer authorized to administer oaths personally appeared Jack Troy, who on oath deposes and says that he is publisher of The Forest Park Free Press and Clayton County News and Farmer, the official organ
Page 3629
for said Clayton County, and that the foregoing notice of intention to introduce local legislation was duly published in said organ on the following dates, to wit: February 8, 15 and 22, 1968. /s/ Jack Troy Sworn to and subscribed before me, this 23rd day of February, 1968. s/ Guy Butler Notary Public, Georgia, State at Large. My Commission expires Jan. 30, 1972. (Seal). Approved April 11, 1968. JASPER COUNTYCOMMISSION POSTS. No. 1205 (House Bill No. 1560). An Act to amend an Act creating a board of commissioners of roads and revenues for Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), so as to provide for commission posts; 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 Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), is hereby amended by adding to the end of section 1 the following: At the next election held to elect the members of said board a candidate shall designate the commissioner post for which he offers. This shall apply to all primaries and elections of whatsoever kind. Such posts shall be designated by numbers as Post Number 1, Post Number 2 and Post Number 3. No candidate shall be nominated in any primary or elected as a commissioner unless such candidate shall
Page 3630
have received a majority of the votes cast to fill such office., 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 the authority of the same, That from and after the passage of this Act there shall be established in the County of Jasper in this State a board of commissioners of roads and revenues to consist of three members, to wit: W. A. Mercer, A. F. Moseley and Eugene Benton, be and they are hereby declared and appointed the lawful commissioners of roads and revenues of said county, to hold until their successors are duly elected and qualified; that the term of office of the said W. A. Mercer, commissioner, shall expire January 1, 1925; that the term of said A. F. Moseley, commissioner, shall expire January 1, 1925; that the term of Euguene Benton, commissioner, shall expire August 6, 1923. That the ordinary of Jasper County shall call an election for the purpose of electing a successor to said Eugene Benton within five days after the passage of this Act, said election to be held twenty (20) days from the date on which same is called, and that notice of said election be published at least twice in the official gazette of Jasper County, Georgia; that said election shall be governed by the law, rules and regulations that govern general elections. Be it further enacted, that the election returns shall be consolidated by noon of the day after the election and the person receiving the largest number of votes shall be declared elected to fill his term, the said successor to Eugene Benton term of office will expire January 1st, 1925. At the next election held to elect the members of said board a candidate shall designate the commissioner post for which he offiers. This shall apply to all primaries and elections of whatsoever kind. Such posts shall be designated by numbers as Post Number 1, Post Number 2 and Post Number 3. No candidate shall be nominated in any primary or elected as a commissioner unless such candidate shall have received a majority of the votes cast to fill such office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 3631
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1968 Session of the General Assembly of Georgia a bill to amend an act of the General Assembly creating a board of commissioners of roads and revenues for Jasper County (Ga. L. 1921, p. 504 et seq.) as heretofore amended; to provide that said board shall consist of three commissioners; to provide that candidates must run for post which shall be designated 1, 2, 3; to provide that each candidate must designate which post he seeks; to provide that each post must be voted on a countywide basis; to provide that a candidate in both primary and general elections must receive a majority vote; and for other purposes. This the 2nd day of January, 1968. John H. Hadaway Representative, 46th District P. S. Under the new Election Code, which is Georgia Code Section 34-1514, a candidate must receive a majority vote in all offices, therefore, it is necessary to run by post because the old method of the three high men, being declared the winners, is no longer the law, according to our legislative attorney. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Hadaway who, on oath, deposes and says that he is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in The Monticello News which is the official organ of Jasper County, on the following dates: February 8, 15, 22, 1968. John H. Hadaway Representative, 46th District
Page 3632
Sworn to and subscribed before me, this 16th day of February, 1968. s/ Pamela A. McIntyre Notary Public. (Seal). Approved April 11, 1968. BULLOCH COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 1206 (House Bill No. 1566). 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 18, 1964 (Ga. L. 1964, p. 3126), and by an Act approved April 6, 1967 (Ga. L. 1967, p. 2926), so as to change the compensation of the chairman of the board of commissioners; to change the provisions relating to the furnishing of transportation for the chairman while on county business; to change the provisions relating to clerical assistance; 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 Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 3126), and by an Act approved April 6, 1967 (Ga. L. 1967, p. 2926), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the chairman and clerk of said board shall be eight thousand, five hundred dollars ($8,500.00)
Page 3633
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, payable in equal monthly installments. The chairman and clerk shall devote full time to the duties of said office. The board shall have the right to furnish an automobile for the chairman and clerk to provide for his transportation while on county business. The chairman and clerk of said board shall have the right to expend a sum not to exceed four thousand, eight hundred dollars ($4,800.00) per annum for clerical assistance, to be paid as are all other sums mentioned herein from the county treasury. Salaries, etc. Section 2. The provisions of quoted section 2 of section 1 of this Act relating to the salary of the chairman and clerk of the board of commissioners shall become effective on January 1, 1969, but the provisions of said solicitor relating to the amount allowed for clerical assistance shall become effective upon the approval of this Act by the Governor or its otherwise becoming law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce a bill in the 1968 session of the General Assembly of Georgia to provide the following: Increases in the salaries and operating allowances for the public officers of the county, as hereinafter stated, to become effective only after the expiration of the present terms of the officeholders: a. Chairman of county commissioners, $8,500.00 per year, and use of an automobile furnished for county business use. b. Tax commissioner, no change. c. Ordinary, $7,000 per year, and present clerical allowance to continue.
Page 3634
d. Clerk of courts, $8,000.00 per year. e. Sheriff, $10,000.00 per year and present jailer's allowance to continue, two male deputies with salaries of 1st deputy $5,800.00 per year instead of $5,200.00; 2nd deputy $5,400.00, per year instead of $4,800.00, and other present allowances to continue. f. City court judge, $4,200.00 per year instead of $3,000.00. g. City court solicitor, $3,600.00 per year instead of $2,800.00. This 30th day of January, 1968. /s/ Jones Lane Representative from Bulloch County /s/ Paul Nessmith, Sr. Representative from Bulloch County Notice of Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce a bill in the 1968 session of the General Assembly of Georgia to provide the following: 1. Increase present compensation for secretarial assistance for the board of commissioners of Bulloch County, Georgia to a maximum of $4,800.00 per year. 2. Increase the tax commissioner's assistants of Bulloch County, Georgia. The first such assistant shall receive a salary not to exceed $4,200.00 per annum payable in equal monthly installments from the funds of Bulloch County, and the second such assistant shall receive a salary not to exceed $3,600.00 per annum payable in equal monthly installments from the funds of Bulloch County.
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This 17th day of January, 1968. Jones Lane (Representative from Bulloch County) Paul Nessmith, Sr. (Representative from Bulloch County) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Nessmith, Sr. who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of notices of intention to introduce local legislation were published in the Bulloch Herald which is the official organ of Bulloch County, on the following dates: January 17, 24, 31, 1968 and January 30, February 6, and 13th, 1968. Paul Nessmith, Sr. Representative, 64th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Priscilla Sexton Notary Public. (Seal). Approved April 11, 1968. POLK COUNTYEMPLOYEES. No. 1208 (House Bill No. 1568). An Act to amend an Act creating a board of commissioners of roads and revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, so as to authorize the board to employ and fix the compensation of additional employees for other county offices
Page 3636
under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, is hereby amended by adding between section 12 and section 13 a new section to be known as section 12 A to read as follows: Section 12A. The board of commissioners of roads and revenues is hereby authorized to employ and fix the compensation of additional employees, when requested to do so by the head of any office or department of Polk County, to assist in the performance of the duties of such office or department. 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 1968 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Polk County and his deputies, and to provide for the employing of clerical help in county offices, and for other purposes. This 10th day of January, 1968. Nathan Dean Representative, 20th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan Dean who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of notice of intention to introduce local legislation was published in The
Page 3637
Cedartown Standard which is the official organ of Polk County, on the following dates: January 15, 22, 29, 1968. Nathan Dean Representative, 20th District Sworn to and subscribed before me, this 20th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9. 1971. (Seal). Approved April 11, 1968. CITY OF STATESBOROCHARTER AMENDED. No. 1207 (House Bill No. 1573). An Act to amend an Act creating a new charter for the City of Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended, so as to provide that candidates for mayor and councilmen shall be required to qualify within a certain length of time before elections; to change the hours for holding 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 Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended, is hereby amended by adding at the end of section 5A the following: All candidates for the office of mayor and councilmen shall qualify as candidates for such office not more than 30 days nor less than 10 days prior to the election for mayor and councilmen., so that when so amended section 5A shall read as follows:
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Section 5A. All candidates for the office of mayor shall pay an entrance fee of $25 and all candidates for the office of councilmen shall pay an entrance fee of $15; said fees to be paid to the city clerk at the time of qualification of said candidates. All candidates for the office of mayor and councilmen shall qualify as candidates for such office not more than 30 days nor less than 10 days prior to the election for mayor and councilmen. Qualifying fees, etc. Section 2. Said Act is further amended by striking from section 8 the following: 8 o'clock A.M. to 5 o'clock P.M.., and inserting in lieu thereof the following: 7 o'clock A.M. to 7 o'clock P.M., so that when so amended section 8 shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That the polls at the elections held in and for said city shall be open from 7 o'clock A.M. to 7 o'clock P.M. when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the same. Said managers shall make a certificate of the result on each of the two tally sheets kept by them, and shall place one of the two lists of voters kept by them and one of the said tally sheets, together with the ballots in an envelope or box, and seal the same and deposit it with the clerk of the superior court of Bulloch County. The other list of voters and the other tally sheet they shall file with the clerk of the said city council for delivery to and inspection by the said city council, who shall meet within five days after said election is held and declare the result of same, which said declaration of the result of the election, shall by the clerk of the city council be entered of record on their book of minutes. The clerk of the superior court and the clerk of said city council, after the expiration of 90 days from the time of said election, shall destroy said ballots and lists of voters without inspection; provided, no notice of contest be filed in which case they shall preserve the same until said contest be finally determined. Elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Local Legislation. Georgia Bulloch County. Notice is hereby given as prescribed by law that there will be introduced in the 1968 Session of the General Assembly of the State of Georgia, local bills to amend the charter of the City of Statesboro in the following manner: 1, To change the voting hours in city elections to conform to the State election code. 2. To provide that the qualifying time for the office of mayor or councilmen shall be not more than 30 days, or less than 10 days from the date of the election. 3. To provide the power of eminent domain in favor of the city both within and without the limits of said city. Jones Lane Paul Nessmith Representatives from Bulloch County to the General Assembly Georgia, Bulloch County. Personally before the undersigned officer appeared G. C. Coleman, who on oath says that he is the publisher of the Bulloch Herald, the official organ of Bulloch County, Georgia, and the notice shown on the right hand side of this page was published in said newspaper in the issues of December 21 and 28, 1967, and January 4, 1968. G. C. Coleman, Jr. Sworn to and subscribed before me, this 4th day of January, 1968. /s/ George M. Johnston N. P. Georgia State at Large. (Seal). Approved April 11, 1968.
Page 3640
CITY OF COLLEGE PARKCHARTER AMENDED. No. 1209 (House Bill No. 1575). 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) as amended particularly by an Act approved August 18, 1923 (Ga. L. 1923, p. 548), an Act approved March 24, 1933 (Ga. L. 1933, p. 892), an Act approved January 30, 1946 (Ga. L. 1946, p. 432), an Act approved February 25, 1949 (Ga. L. 1949, p. 1961), an Act approved March 21, 1958 (Ga. L. 1958, p. 2721), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2801), so as to change the time limitation for notice of hearings on the adoption of proposed zoning regulations; to remove the provisions authorizing the mayor and council to require certain male inhabitants to work on the streets and to enforce penalties for violations thereof; to exclude certain employees from the pension system; to define temporary, part-time and contract employees; to remove the provisions relating to the recorder; to provide that the city shall bear the cost of repairing public sidewalks; to provide that the city manager shall be entitled to notice and hearing in the event of removal by the mayor and council; to provide for severance pay for the city manager; to provide that the city manager shall be eligible to participate in the pension system upon request; to provide for an increase in the maximum amount of the authority of contract or purchase by the city manager; to provide that the mayor and council and other city officers shall continue in office until a successor is named; 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 College Park, approved December 16, 1895 (Ga. L. 1895, p. 251) as amended particularly by an Act approved August 18, 1923 (Ga. L. 1923, p. 548), an Act approved March 24, 1933 (Ga. L. 1933, p. 892), an Act approved January 30, 1946 (Ga. L. 1946, p. 432), an Act approved February 25, 1949 (Ga. L. 1949, p. 1961), an Act approved
Page 3641
March 21, 1958 (Ga. L. 1958, p. 2721), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2801), is hereby amended by striking section 3 of the amendatory Act approved August 18, 1923 (Ga. L. 1923, p. 548), and inserting in lieu thereof a new section 3 to read as follows: Section 3. No ordinance establishing districts or zones or adopting zoning regulations as above authorized shall be passed by the mayor and council until after a public hearing shall have been had thereon before the mayor and council; fifteen (15) days notice of which hearing and of the time and place thereof shall be given in such manner as the mayor and council may prescribe; and during said fifteen (15) days a copy of the proposed ordinance shall be on file for public examination in the office of the city clerk at the city hall. No ordinance, measure or regulation which violates, differs or departs from the proposed ordinance on file, as herein provided shall take effect unless passed by a majority vote of the entire mayor and council. Zoning. Section 2. Said Act if further amended by striking section 3 of the amendatory Act approved March 24, 1933 (Ga. L. 1933, p. 892), in its entirety. Section 3. Said Act is further amended by striking the first paragraph of section 1 of the amendatory Act approved January 30, 1946 (Ga. L. 1946, p. 432), in its entirety and inserting in lieu thereof a new first paragraph of section 1 to read as follows: Beginning with the first calendar month following the approval of this amendment, all full time officers and employees of the City of College Park (other than officers elected by the people) shall be required to contribute to the pension fund created by this amendment, the amounts provided thereby and shall thereafter be entitled to pensions or retirement in the amount and upon the conditions provided by this law. Whenever used in this amendment the word `employee' shall include all full time officers of said city other than officers elected by the people. Officers elected by the people, part time employees and their representatives shall not be entitled to pensions or retirement pay
Page 3642
under this law. The city attorney and city judge (other than judge serving at the time of the adoption of this Act of 1946) of said city shall be excluded from the pension system hereby created. Temporary, part time or contract employees shall be any person employed to: perform a specific task and whose employment is to be terminated on completion of said task; perform the duties of a full time employee during the absence of the full time employee; perform a specific task or duties on a contractual basis by the hour, day, week or month. Nor shall the pension system provisions apply to persons employed and designated as Class III employees. Class III employees shall be unskilled employees requiring immediate and direct supervision. Section 4. Said Act is further amended by striking section 11 of the amendatory Act approved January 30, 1946 (Ga. L. 1946, p. 432), in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. The provisions of the civil service system hereby created shall never apply to officers elected by the people or to the city attorney or city judge (other than judge serving at the time of the adoption of this Act of 1946) of the City of College Park or to any other officer or employee during the first six (6) months of employment, nor shall they apply to part time employees or to seasonal employees whose employment does not exceed six (6) months in any one (1) year. Likewise the civil service provisions of this amendment shall not apply to persons employed to take the place of employees who were inducted or voluntarily enlisted in the military or naval service of the United States, nor shall the civil service provisions of this amendment apply to persons temporarily employed or designated to make or conduct special inquiry, investigation or examination where such appointment or designation is certified by the mayor and council to be for employment which should not be performed by persons in the classified service. Temporary, part time or contract employees shall be any person employed to: perform a specific task and whose employment is to be terminated on completion of said task; perform the duties of a full time employee during
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the absence of the full time employee; perform a specific task or duties on a contractual basis by the hour, day, week or month. Nor shall the civil service provisions apply to persons employed and designated as Class III employees. Class III employees shall be unskilled employees requiring immediate and direct supervision. Civil Service System. Section 5. Said Act is further amended by striking section 13 of the amendatory Act approved January 30, 1946 (Ga. L. 1946, p. 432), in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. Beginning six (6) months after approval of this amendment all full time officers and employees of the mayor and council of the City of College Park, other than exceptions named in this amendment, shall be employed and serve as officers and employees of said city on the civil service plan, during good behavior and as long as they perform faithfully and efficiently all duties required of them by their superior officers and by the mayor and council of said city. Same. Section 6. Said Act is further amended by striking section x (10) of the amendatory Act approved February 25, 1949 (Ga. L. 1949, p. 1961), in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The mayor and council of said city shall have the power and authority, at any time in their discretion, to repair or cause to be repaired, in the manner and to the extent necessary, any of the public sidewalks in said city which in their opinion are in need of repair and the city shall bear the cost of such repairs. Sidewalks. Section 7. Said Act is further amended by striking subsection c of quoted section M of section 2 of the amendatory Act approved March 24, 1958 (Ga. L. 1958, p. 2721), in its entirety and inserting in lieu thereof a new subsection c to read as follows: c. The city manager shall be appointed for an indefinite term, shall hold office at the pleasure of the mayor and
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council and may be removed from office by the mayor and council at their discretion. However, the city manager may be removed only after a hearing conducted by the mayor and council after due notice to the city manager. Upon removal from office the city manager shall be entitled to not less than sixty (60) days' severance pay. He shall not be subject to civil service. On request he shall be eligible to participate in the pension plan provided for city employees. City manager. Section 8. Said Act is further amended by striking paragraph 9 of subsection g of quoted section M of section 2 in its entirety and inserting in lieu thereof a new paragraph 9 to read as follows: 9. To make and execute all lawful contracts on behalf of the City of College Park as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the mayor and council; provided that no contract, purchase or obligation involving more than one thousand dollars ($1,000.00) shall be valid or binding until approved by the mayor and council; and provided further that without approval of the mayor and council neither the city manager nor other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth (1/12) of the annual budget therefor, as fixed by the mayor and council. Contracts. Section 9. Said Act is further amended by striking section XIII (13) in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. Said mayor and council, at the time of qualification, shall elect a treasurer, clerk, marshal and city attorney, fix their compensations and require either of such officers to enter into a bond, with sufficient security, to be approved by the mayor, in such penalty as may be prescribed by the mayor and council, conditioned faithfully to collect any pay over, as required by the mayor and council, all taxes, fines, forfeitures and all other incomes to said corporation; and said officers shall continue in office one (1) year, or until a successor is named, unless sooner removed
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for good cause by the mayor and council. In case of a vacancy from any cause in such offices the mayor and council shall fill such vacancy. Upon recommendation of the city attorney additional legal counsel may be employed from time to time for particular matters. The mayor and council shall determine and approve salaries, compensations and expenses of the officers and personnel listed above and shall have the right from time to time to increase or decrease said salaries or compensation in its discretion. Treasurer, Clerk, etc. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1968 session of the General Assembly of Georgia, convening in January, 1968, to amend the charter of the City of College Park establishing compensation for the mayor and council, to amend the charter setting forth the qualification of residency of councilmen and for other purposes. This 5th day of January, 1968. George E. Glaze City Attorney of the City of College Park, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Young Hugh Longino who, on oath, deposes and says that he is Representative from the 122nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Suburban Reporter which is the official organ of Fulton County, on the following dates: January 10, 17, 24, 1968. Young Hugh Longino Representative, 122nd District
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Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1968 session of the General Assembly of Georgia, convening in January, 1968, to amend the charter of the City of College Park establishing compensation for the mayor and council, to amend the charter setting forth the qualification of residency of councilmen and for other purposes. This 5th day of January, 1968. George E. Glaze City Attorney of the City of College Park, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Young Hugh Longino who, on oath, deposes and says that he is Representative from the 122nd District, 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 Clayton County, on the following dates: January 10, 17, 24, 1968. Young Hugh Longino Representative, 122nd District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. Approved April 11, 1968.
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MADISON COUNTYCLERK OF BOARD OF COMMISSIONERS. No. 1210 (House Bill No. 1604). An Act to amend an Act creating a board of commissioners of roads and revenues of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, by an Act approved April 4, 1967 (Ga. L. 1967, p. 2515), so as to provide for the compensation of the clerk of the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, by an Act approved April 4, 1967 (Ga. L. 1967, p. 2515), is hereby amended by adding at the end of section 15 the following: The clerk of said Board shall be compensated in an amount not to exceed $3,750.00 per annum payable in equal monthly installments from the funds of Madison County., so that when so amended section 15 shall read as follows: Section 15. The board shall have authority to employ a clerk of the board of commissioners of roads and revenues of Madison 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 Madison County, the premium to be paid by the county. The clerk of said board shall be compensated in an amount not to exceed $3,750.00 per annum payable in equal monthly installments from the funds of Madison County.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act creating the board of commissioners of roads and revenues of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to change the provisions relating to the employment of personnel by said board of commissioners; to change the provisions relating to the employment of personnel of other county officers; to provide an effective date; and for other purposes. This 5th day of February, 1968. Edwin C. Poss Representative, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edwin C. Poss who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of notice of intention to introduce local legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following dates: February 9, 16, 23, 1968. Edwin C. Poss Representative, 17th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamelia A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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MADISON COUNTYDEPUTY SHERIFFS. No. 1211 (House Bill No. 1605). An Act to amend an Act abolishing the present mode of compensating the sheriff of Madison County known as the fee system and providing in lieu thereof an annual salary for said officer, approved March 30, 1965 (Ga. L. 1965, p. 2962), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2940), so as to change the additional funds such officer shall receive to compensate deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present mode of compensating the sheriff of Madison County known as the fee system and providing in lieu thereof an annual salary for said officer, approved March 30, 1965 (Ga. L. 1965, p. 2962), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2940), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. In addition to the salary provided above, the sheriff of Madison County shall receive the sum of eight thousand six hundred dollars ($8,600.00) per annum from the funds of Madison County to be used by said officer in compensating two deputies. The first deputy shall receive the sum of four thousand four hundred ($4,400.00) dollars per annum payable in equal monthly installments, and the second deputy shall receive the sum of four thousand two hundred dollars ($4,200.00) per annum payable in equal monthly installments. In addition to all other allowances, the governing authority of Madison County, at its sole discretion, shall be authorized to make available to the sheriff the maximum sum of $2,000.00 per year to be used by the sheriff in compensating any additional personnel employed by the sheriff. Said sum, or any part thereof, shall be made available to the sheriff only upon the approval and at the sole discretion of the governing authority of Madison County.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system for the sheriff of Madison County and providing in lieu thereof an annual salary for said officer, approved March 30, 1965 (Ga. L. 1965, p. 2962), so as to change the provisions relating to the compensation of said officer; to provide an effective date; and for other purposes. This 5th day of February, 1968. Edwin C. Poss Representative, 17th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edwin C. Poss who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of notice of intention to introduce local legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following dates: February 9, 16, 23, 1968. Edwin C. Poss Representative, 17th District Sworn to and subscribed before me, this 26th day of February, 1968. /s/ Pamelia A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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CHATTAHOOCHEE PLANTATIONCORPORATE LIMITS. No. 1212 (House Bill No. 1610). An Act to amend an Act incorporating Chattahoochee Plantation, approved April 5, 1961 (Ga. L. 1961, p. 3178), so as to change the corporate limits of said municipality; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating Chattahoochee Plantation, approved April 5, 1961 (Ga. L. 1961, p. 3178), is hereby amended by adding between sections 2 and 3 a new section to be known as section 2A and to read as follows: Section 2A. In addition to the present corporate limits of Chattahoochee Plantation, the corporate limits of said municipality shall include the following described tracts of land: Tract No. 1All of that portion of Cobb County embraced within the following described tract of land: Beginning at a point at which the northern boundary line of the present corporate limits intersects the northern bank of the Chattahoochee River and proceeding in a northwestwardly direction for a distance of ten feet along the present northeasterly boundary line of the corporate limits of said municipality to a point; thence in a generally northeasterly and northerly direction along a line running parallel with the Chattahoochee River and the present boundary of Cobb and Fulton Counties until said line intersects the boundary line of Cobb County and Cherokee County; thence in an easterly direction along the boundary line of Cobb County and Cherokee County for a distance of ten feet to the intersection of the Cherokee, Cobb and Fulton Counties boundary; thence in a southerly and southwesterly direction along the present boundary line of Fulton and Cobb Counties and the northern bank of the Chattahoochee River to the point of beginning.
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Tract No. 2All of that portion of Cobb County embraced within the following described tract of land: Beginning at a point which point is the point at which the southernmost boundary line of the present corporate limits intersects the northern bank of the Chattahoochee River; thence in a generally southwesterly direction along a line coinciding with the northern bank of the Chattahoochee River to the intersection of Cobb, Fulton and Douglas Counties; thence in a northwesterly direction along the boundary between Cobb County and Douglas County for a distance of ten feet to a point; thence in a northwesterly direction along a line running parallel to the northern bank of the Chattahoochee River to the intersection of the western boundary of the present corporate limits; thence south for a distance of ten feet to a point, which point is the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Chattahoochee Plantation, Georgia (Ga. L. 1961, p. 3178, et seq.), as heretofore amended, and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson Hugh Lee McDaniell J. H. Henderson, Jr. Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Lee McDaniell
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who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12 and 19, 1968. Hugh Lee McDaniell Representative, 101st District Sworn to and subscribed before me, this 27 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1970. (Seal). Approved April 11, 1968. RICHMOND COUNTY BOARD OF EDUCATIONVACANCIES. No. 1213 (House Bill No. 1614). An Act to amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 23, 1937 (Ga. L. 1937, p. 1408), an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved March 4, 1955 (Ga. L. 1955, p. 2644), an Act approved March 17, 1960 (Ga. L. 1960, p. 3132), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2103), so as to change the method of filling vacancies on said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L.
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1872, p. 456), as amended, particularly by an Act approved March 23, 1937 (Ga. L. 1937, p. 1408), an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), an Act approved March 4, 1955 (Ga. L. 1955, p. 2644), an Act approved March 17, 1960 (Ga. L. 1960, p. 3132), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2103), is hereby amended by striking the following language from section 1 of said Act: Vacancies, except those arising from expiration of term, shall be filled by the remaining members of said board electing a successor for the unexpired portion of the term. In filling vacancies the resident requirements hereinbefore provided shall be observed, and substituting in lieu thereof the following language: Vacancies, except those arising from expiration of term shall be filled by election at the next succeeding election held for the purpose of electing members of the county board of education of Richmond County, Georgia, and shall be for the unexpired portion of term caused by said vacancies and if less than ten days remain before said election, said vacancies shall not be filled until the next succeeding election held for said purpose, and should there ever occur on said board as many as four vacancies at one time, then, in that event, a special election shall be conducted in the same manner as other elections for members of said board and shall be called not later than forty-five days after said vacancies occur, and any candidates desiring to qualify in said special election provided for herein to fill a vacancy shall have the resident requirements provided for herein and said candidates shall qualify and run for election as provided for herein., so that said Act when amended shall read as follows: Section 1. Vacancies, Board of Education . Vacancies, except those arising from expiration of term shall be filled by election at the next succeeding election held for the purpose of electing members of the county board of education of Richmond County, Georgia, and shall be for the unexpired
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portion of term caused by said vacancies and if less than ten days remain before said general election, said vacancies shall not be filled until the next succeeding election held for said purpose, and should there ever occur on said board as many as four vacancies at one time, then, in that event, a special election shall be conducted in the same manner as other elections for members of said board and shall be called not later than forty-five days after said vacancies occur, and any candidates desiring to qualify in said special election provided for herein to fill a vacancy shall have the resident requirements provided for herein and said candidates shall quality and run for election as provided for herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice Notice is hereby given that legislation will be offered at the 1968 Session of the General Assembly of Georgia to change the method of electing members of the county board of education of Richmond County, Georgia when vacancies occur thereon. This 31st day of January, 1968. Franklin H. Pierce, Atty. For the County Board of Education of Richmond County, Georgia State of Georgia, Richmond County. Personally appeared before me, the undersigned attesting officer, duly authorized by law to administer oaths, William S. Morris, III, who, after being fuly sworn says on oath that he is president of Southeastern Newspaper Corporation, publisher of The Augusta Herald, a daily newspaper published in Augusta, Richmond County, Georgia, the official gazette for sheriff's advertisements in Richmond
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County; and that notice of intention to apply for passage of local legislation by the county board of education of Richmond County, clipping of notice which is attached, duly appeared in said newspaper on the following dates, to-wit: February 8, 14 and 21, 1968. This 22 day of February, 1968. /s/ William S. Morris, III Sworn to and subscribed before me, this 22 day of February, 1968. /s/ A. M. LeRoy Notary Public, Georgia State at Large. My Commission Expires Feb. 16, 1969. (Seal). Approved April 11, 1968. MACHINERY CITYCHARTER REPEALED. No. 1214 (House Bill No. 1619). An Act to repeal an Act incorporating Machinery City in the County of Cobb, approved August 22, 1907 (Ga. L. 1907, p. 784); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating Machinery City in the County of Cobb, approved August 22, 1907 (Ga. L. 1907, p. 784), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1968 Session of the General Assembly
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of Georgia, a bill to amend the charter of the City of Machinery City, Georgia, (Ga. L. 1907, p. 784, et. seq.), as heretofore amended, and for other purposes. This 14th day of December, 1967. Cyrus M. Chapman Sam P. Hensley Senators Bob Howard Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Bill Cooper Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Howard who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1968. Bob Howard Representative, 101st District Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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DEKALB COUNTYCOMMISSIONER DISTRICTS, ETC. No. 1215 (House Bill No. 1620). An Act to amend an Act entitled An Act to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of DeKalb County, Georgia; to create a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commissioners' districts; to provide for the recall of such officers and the procedure for recall; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the chairman and board of commissioners of roads and revenues; to provide for the management of financial affairs and the keeping and auditing of fiscal records of said county; to provide a system of budgets and allotments for the expenditure of county funds; to restrict the interest of candidates for, and holders of such offices in trading with said county; to provide for the holding of a referendum upon the question of ratification of this Act and upon the question of whether the present commissioner of roads and revenues shall serve as chairman of the board of commissioners of roads and revenues herein created for a period equal to the unexpired term of the office to which he was elected; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes., approved March 8, 1956 (Ga. L. 1956, p. 3237), so as to reconstitute the four commissioner districts; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of DeKalb County, Georgia; to create a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, and prescribe their qualifications,
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terms of office, compensation, manner of election, powers, duties and responsibilities; to provide for the recall of such officers and the procedure for recall; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the chairman and board of commissioners of roads and revenues; to provide for the management of financial affairs and the keeping and auditing of fiscal records of said county; to provide a system of budgets and allotments for the expenditure of county funds; to restrict the interest of candidates for, and holders of such offices in trading with said county; to provide for the holding of a referendum upon the question of ratification of this Act and upon the question of whether the present commissioner of roads and revenues shall serve as chairman of the board of commissioners of roads and revenues herein created for a period equal to the unexpired term of the office to which he was elected; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes., approved March 8, 1956 (Ga. L. 1956, p. 3237), is hereby amended by striking so much of section 2 as contains the description of commissioner districts and substituting in lieu thereof the following: Commissioner District No. 1 shall be that portion of DeKalb County located within the following voting precincts as established by law, for the general election of 1966: Shallowford, Montgomery, Huntley Hills, Doraville, Jim Cherry, Chamblee, South Chamblee, Warren, Brookhaven, Skyland, Hawthorne, Henderson, Tucker, Woodward, Sagamore, Briar Lake, Laurel Ridge, Rehoboth. Commissioner District No. 2 shall be that portion of DeKalb County located within the following voting precincts, as established by law for the general election of 1966: Johnson Estates A, Kittredge, W. D. Thomson, Johnson Estates B, Emory, Medlock, Fernbank, Ponce de Leon, Glenwood-Decatur, Edgewood B, Edgewood C, Edgewood A, North Kirkwood. Commissioner District No. 3 shall be that portion of DeKalb County located within the following voting precincts, as established by law, for the general election of
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1966: South Kirkwood, Eastlake, Knollwood, East Atlanta, Parkview, Skyhaven, Terry Mill, Leslie J. Steele, Toney, Wadsworth, Gresham Park, Cedar Grove, Southwest DeKalb, McWilliams, Phillips. Commissioner District No. 4 shall be that part of DeKalb County located within the following voting precincts, as established by law, for the general election of 1966: Clarkston, Stone Mountain, Scottdale, Pine Lake, Oakhurst, Winnona, College Heights (including A and B) Hooper Alexander, Avondale, Midway, Evans B, Evans A, Redan, Diamonds, Lithonia. Section 2. Said Act is further amended by striking in its entirety section 3 and substituting in lieu thereof a new section 3 to read as follows: Section 3. Election and Term of Commission Members . The first members of the commission created herein to represent commissioner districts shall be elected in the general election of 1968, or serve, for staggered terms, commencing on January 1, 1969, as follows: Position Term Commissioner - District No. 1 4 years Commissioner - District No. 2 2 years Commissioner - District No. 3 2 years Commissioner - District No. 4 4 years In order to provide for full service of any term to which any person shall have been heretofore elected, (a) the person elected in the general election of 1966 to the office of `Commissioner District Number Two' or his successor under the provisions of the aforesaid Act, approved March 8, 1956 (Ga. L. 1956, p. 3237), shall be designated the incumbent Commissioner District Number Two , as reconstituted herein, and (b) the person elected in the general election of 1966 to the office of `Commissioner District Number Three ', or his successor under the provisions of the aforesaid Act, approved March 8, 1956 (Ga. L. 1956, p. 3237), shall be designated the incumbent Commissioner District Number Three , as reconstituted herein.
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All members elected in subsequent elections after the general election of 1968, other than elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are elected and qualified, so that two of the commission members shall be elected at the general election held every two years. Section 4. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks, during a period of sixty (60) days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 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 session of the General Assembly of Georgia convened January, 1968, a bill to redraw the lines of commissioner districts; to redefine the duties and powers of the chairman; to redefine the qualifications, duties and powers of the executive assistant and to change the title of such office, and for other purposes. Robert H. Walling Representative, Post 3, 118 District Robert H. Farrar Representative, Post 2 118 District 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
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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 February 8, February 15, and February 22, 1968. Britt Fayssoux Sworn to and subscribed before me, this 22 day of February, 1968. /s/ Carol E. Wheeler Notary Public, Georgia State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 11, 1968. FAYETTE COUNTYSALARY OF ORDINARY. No. 1216 (House Bill No. 1623). An Act to amend an Act abolishing the fee system of compensation for the ordinary of Fayette County and providing in lieu thereof an annual salary for the ordinary, approved March 24, 1965 (Ga. L. 1965, p. 2621), so as to change the compensation of the ordinary of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the ordinary of Fayette County and providing in
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lieu thereof an annual salary for the ordinary, approved March 24, 1965 (Ga. L. 1965, p. 2621), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2, to read as follows: Section 2. The ordinary of Fayette County shall receive a salary of $8,400 per annum, payable in equal monthly installments from the funds of Fayette County. The ordinary of said County shall have the authority to employ such clerks and other personnel as he shall determine necessary to efficiently and effectively discharge the duties of his office. Such personnel shall be compensated as hereinafter provided. Section 2. This Act shall become effective January 1, 1969. 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. There will be a bill introduced at the 1968 session of the General Assembly to raise the salaries of the sheriff, clerk of court, tax commissioner and ordinary of Fayette County. William J. (Bill) Lee Arch Gary Lamar D. Northcutt Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lamar D. Northcutt who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fayette County News which is the official organ of
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Fayette County, on the following dates: January 31, February 7, 14, 1968. Lamar D. Northcutt Representative, 35th District Sworn to and subscribed before me, this 14th day of February, 1968. s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 11, 1968. FAYETTE COUNTYSHERIFF'S SALARY. No. 1217 (House Bill No. 1624). An Act to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County and providing in lieu thereof an annual salary for the sheriff, approved March 24, 1965 (Ga. L. 1965, p. 2585), so as to change the compensation of the sheriff of Fayette County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the sheriff of Fayette County and providing in lieu thereof an annual salary for the sheriff, approved March 24, 1965 (Ga. L. 1965, p. 2585), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff of Fayette County shall receive a salary of $9,400 per annum, payable in equal monthly installments from the funds of Fayette County. In addition to such
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salary, the Sheriff shall also receive from county funds for each prisoner confined in the county jail, not less than $1.25 per day to feed said prisoners. Section 2. This Act shall become effective January 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. There will be a bill introduced at the 1968 session of the General Assembly to raise the salaries of the sheriff, clerk of court, tax commissioner and ordinary of Fayette County. William J. (Bill) Lee Arch Gary Lamar D. Northcutt Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lamar D. Northcutt who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fayette County News which is the official organ of Fayette County, on the following dates: January 31, February 7, 14, 1968. Lamar D. Northcutt Representative, 35th District Sworn to and subscribed before me, this 14th day of February, 1968. s/ Pamelia A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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DEKALB COUNTYRECORDER'S COURT CLERK. No. 1218 (House Bill No. 1632). An Act to amend an Act creating and establishing a recorder's court for DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, by an Act approved March 10, 1964 (Ga. L. 1964, p. 2545), so as to provide that the clerk of the recorder's court may take affidavits for the issuance of warrants and issue warrants thereon; to provide that deputy clerks may perform all acts which the clerk may perform; 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 Recorder's Court for DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, by an Act approved March 10, 1964 (Ga. L. 1964, p. 2545), is hereby amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. Clerk; Duties and Bond . Said board of commissioners of roads and revenues is further authorized and directed to elect a clerk of said recorder's court, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same within seventy-two hours to the director of finance of DeKalb County or such other person as may be designated by the governing authority of DeKalb County, for deposit in the county depository, as general funds of DeKalb County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar writs as may be by law authorized and to take affidavits for the issuance of warrants and to issue warrants thereon. Said clerk shall give bond to DeKalb County in the sum of $10,000.00 for the faithful performance of his duties and accounting for all funds coming into his possession by virtue of his office, and to insure the county against loss of any such funds. Said board may elect a sufficient number of deputy clerks as may be needed, who shall give bond in
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like manner as the clerk and may perform all acts which the clerk may perform. 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 1968 Session of the General Assembly of Georgia a bill to amend an Act (Ga. L. 1959, p. 3093) creating the recorder's court of DeKalb County so as to clarify the issuance of warrants and for other purposes. J. Robin Harris Representative, District 118th 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 February 1, February 8, and February 15, 1968. Britt Fayssoux Sworn to and subscribed before me, this 16th day of February, 1968. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Feb. 21, 1971. (Seal). Approved April 11, 1968.
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CITY COURT OF JEFFERSONSALARIES, TERMS, ETC. No. 1219 (House Bill No. 1642). An Act to amend an Act establishing the City Court of Jefferson in Jackson County, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334) and an Act approved March 28, 1935 (Ga. L. 1935, p. 523), so as to change the salary of the judge and solicitor of said court; to authorize the governing authority of said county to increase the salary of said judge and solicitor; to provide the court will sit at least once each month in addition to the regular terms; 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 Jefferson in Jackson County, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334), and an Act approved March 28, 1935 (Ga. L. 1935, p. 523), is hereby amended by striking section 1 of an amendatory Act, approved August 26, 1931 (Ga. L. 1931, p. 334), in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. (a) The salary of the judge of the City Court of Jefferson shall be $3,000.00 per annum, and the salary of the solicitor of said court shall be $2,000.00 per annum. Both salaries shall be paid in equal monthly installments from the funds of Jackson County and shall be expenses of said court. Salaries. (b) The governing authority of Jackson County is hereby authorized to increase the salary of the judge of the City Court of Jefferson to $3,600.00 per annum and the solicitor of said court to $2,400.00 per annum. Section 2. Said Act is further amended by striking section 1 of an amendatory Act, approved March 28, 1935 (Ga.
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L. 1935, p. 523) in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. (a) The terms of the City Court of Jefferson in Jackson County shall be the fourth Monday in February, the fourth Monday in May, the fourth Monday in August, and the fourth Monday in November of each year. Terms. (b) In addition to the above terms held by the City Court of Jefferson, said court shall sit at least once per month, preferably on a fixed Saturday, to receive and dispose of pleas in all cases in which jury trials are not demanded. Section 3. This Act shall become effective January 1, 1969. 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 in the Regular 1968 Session of the General Assembly of Georgia a bill to adjust the salaries of the judge of the City Court of Jefferson and the solicitor of the City Court of Jefferson. This the 25th day of January, 1968. Georgia, Jackson County. Personally before me, came Herman A. Buffington, who, after first being duly sworn on oath says: That he is owner and publisher of the Jackson Herald, a newspaper of general circulation in and for said county in which all legal advertisements in and for said county are published; that a copy of the attached legal advertisement was published in said Jackson Herald under dates of January 31st; February 7th and February 14th pertaining to the salaries of the judges of the City Court of Jefferson and the salaries of the solicitor of the City Court of Jefferson. /s/ Herman A. Buffington
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Sworn to and subscribed before me, this 14th day of February, 1968. /s/ Billy N. Elder Clerk Superior Court, Jackson County, Jefferson, Ga. (Seal). Approved April 11, 1968. CITY OF BRUNSWICKCORPORATE LIMITS. No. 1220 (House Bill No. 1646). An Act to amend the charter of the City of Brunswick in the County of Glynn, so as to define 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. The corporate limits of the City of Brunswick shall continue to be and the same are hereby defined to include the land lying in Glynn County, Georgia, as follows, to wit: The northern boundary line shall begin at the intersection of a certain creek, commonly called Dart's Narrows or Cut, and the waters of Back River, and shall run thence due west along that line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, Surveyors, and reported on the 19th day of September, 1896, by said surveyors to the Mayor and Council of the City of Brunswick and by said Mayor and Council on the 31st day of October, 1896, finally adopted as and declared to be the true northern boundary line of the corporate limits of said City (the true bearing of said line having been determined to be north 84 degrees, 33 minutes west, and wherever bearings are used in this section of this Act, such bearings are true, rather 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
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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 along a chord having a bearing of north 18 degrees 34 minutes east along the westerly line of said Glynn Avenue or U. S. Route No. 17 for a distance of 222 feet; thence running north 83 degrees 06 minutes west a distance of 317.37 feet to a point; thence south 9 degrees 44 minutes west a distance of 210.76 feet to a point on the northerly line of Redwood Street; thence running north 81 degrees 42 minutes west for a distance of 1993.37 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 04 minutes west for a distance of 334 feet; thence running south 72 degrees
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56 minutes west for a distance of 843.3 feet; thence north 33 degrees 07 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 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 Mill Road; thence running north 77 degrees 37 minutes west along the southerly line of Cypress Mill 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 Mill 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 04 minutes east a distance of 355.79 feet to a point; thence running North 74 degrees 04 minutes east 59.40 feet to a point; thence running north 15 degrees 34 minutes east 1835.79 feet to a point; thence north 20 degrees 29 minutes west 495.0 feet to a point; thence running north 77 degrees 31 minutes west 464.18 feet to a point; thence running south 4 degrees 59 minutes west 350.0 feet to a point; thence running south 80 degrees 59 minutes west 520.0 feet to a point; thence north 13 degree 08 minutes west 374.43 feet to a point; thence north 77 degrees 31 minutes west 200 feet to the easterly line of Altama Avenue; thence running south 12 degrees 29 minutes west 900.0 feet along the easterly line of Altama Avenue to the southerly line of proposed I-95 spur; thence north 35 degrees
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19 minutes west to the westerly line of Altama Avenue; thence along the westerly line of Altama Avenue to the southerly 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 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 51 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
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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 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. 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 1968 session of the General Assembly of Georgia, certain bills entitled: 1. An Act to amend the charter of the City of Brunswick in the County of Glynn, to extend and define the present corporate limits of said city. 2. An Act providing for a change in the manner of publication of ordinances of said such change reducing the number of times of publication from three (3) to one (1). 3. An Act to amend and change the election laws relating to said city and particularly the nominating petition law so that after passage of said Act a successful candidate in a primary shall not be required to have and produce a nominating petition to run in the general election, and further to provide that any cindadte who has not run in a primary and stands for election in the general election shall be required to have and produce and file with the
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clerk of said city a nominating petition containing one (1) percent of the qualified voters in said city. This 21st day of December, 1967. The Commission of the City of Brunswick By Harriet S. Jennings Harriet S. Jennings, Secretary of said City of Brunswick. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard M. Scarlett who, on oath, deposes and says that he is Representative from the 85th District, 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 Glynn County, on the following dates: January 6, 13, 20, 1968. /s/ Richard M. Scarlett Representative, 85th District Sworn to and subscribed before me this 16th day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 11, 1968.
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TOWN OF WAVERLY HALLCHARTER AMENDED. No. 1221 (House Bill No. 1651). An Act to amend an Act incorporating the Town of Waverly Hall in Harris County, approved July 29, 1914 (Ga. L. 1914, p. 1211), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 784), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2299), so as to change the term of office of the mayor and council; to change the punishment of offenders against the ordinances of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Waverly Hall in Harris County, approved July 29, 1914 (Ga. L. 1914, p. 1211), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 784), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2299), 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. Be it further enacted, that on the second Monday in December, 1968, a mayor and two councilmen shall be elected for a two-year term of office and three councilmen shall be elected for a four-year term of office. Thereafter, successors who are elected to the positions of mayor and councilmen provided herein shall be elected on the second Monday in December in that year in which the respective terms of office shall expire and shall serve for a four-year term of office and until their successors are duly elected and qualified. Terms of mayor and councilmen. 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, that persons convicted of violating the ordinances of the town may be placed on probation, may receive a fine not to exceed one thousand ($1,000.00) dollars, imprisonment not to exceed one (1)
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year of labor upon the streets and roads of said town not to exceed one (1) year, and any one or more of the above punishments may be ordered in the discretion of the officer presiding over the mayor's court. Ordinances. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Local Legislation. Notice is hereby given as required by law that there will be introduced in the 1968 Session of the General Assembly of Georgia, a bill to amend section 4 and section 13 of an Act approved July 29, 1914 in corporating the Town of Waverly Hall, Harris County, Georgia, Section 4 relates to the election and term of office of the mayor and councilmen. Section 13 relates to punishment of offenders against the ordinances of the Town. William Burton Steis Representative, District 100 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 the 100th District, 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 Harris County, on the following dates: February 15, 22, 29, 1968. /s/ William Burton Steis Representative, 100th District Sworn to and subscribed before me this 29 day of February, 1968. /s/ Priscilla Sexton Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved April 11, 1968.
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CITY COURT OF HABERSHAM COUNTYJUDGE, PRACTICE AND PROCEDURE. No. 1222 (House Bill No. 1652). An Act to amend an Act creating and establishing the City Court of Habersham County, approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), and an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), so as to provide that in all matters pertaining to service, pleadings, practice, notice and appeal the laws governing the superior courts shall govern the City Court of Habersham County; to provide the judge of said court shall not practice criminal law as a defense counsel in any court in Georgia; 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 City Court of Habersham County, approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), and an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), is hereby amended by striking section 6 and inserting in lieu thereof a new Section 6, to read as follows: Section 6. In all matters pertaining to service, pleadings, practice, notice and appeal the laws governing Superior Courts (as they now exist or may hereafter exist) shall govern the City Court of Habersham County. Procedure. Section 2. Said Act is further amended by striking from section 10 the following: The said judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own., and inserting in lieu thereof the following: Judge. The said judge shall receive no other compensation. He
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shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Georgia., so that when so amended section 10 shall read as follows: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1944, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said city court shall hold his office by virtue of an election by the qualified voters of Habersham County, and shall hold his office for a term of four years, beginning on the first day of January, 1945, at the regular election of county officers of Habersham County, in the year 1944 there shall be elected by the qualified voters of said County of Habersham a judge of said city court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said city court shall receive a salary of thirty-six hundred dollars per annum, which shall be paid monthly by the ordinary or other person or persons, who are now or may hereafter be charged by law with the paying out of the money of the County of Habersham, and shall be furnished an office in the courthouse as other county officers; and it shall be the duty of the ordinary of said county or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation. He shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice. Notice is hereby given that there will be introduced at the 1968 session of the Georgia General Assembly a bill to provide that the rules of pleading and practice in the City Court of Habersham County shall conform to the rules of pleading and practice in the superior courts now and as they may be amended in the future, to provide that the judge of the City Court of Habersham County may not serve as defense counsel in criminal cases in any court in Georgia and for other purposes. This 12th day of February, 1968. Jack N. Gunter Representative of Habersham County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: February 15, 22, 29th, 1968. /s/ Jack N. Gunter Representative, 11th District Sworn to and subscribed before me this 4th day of March, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 11, 1968.
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CITY OF MIDWAYSALARIES OF MAYOR AND COUNCILMEN. No. 1223 (House Bill No. 1653). An Act to amend an Act repealing an Act incorporating the Town of Midway and creating a charter for the City of Midway in the County of Liberty, approved February 8, 1955 (Ga. L. 1955, p. 2188), so as to change the compensation of the mayor and council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing an Act incorporating the Town of Midway and creating a charter for the City of Midway in the County of Liberty, approved February 8, 1955 (Ga. L. 1955, p. 2188), is hereby amended by striking from Section 16 the words and figure fifty dollars ($50.00) and the words and figure twelve dollars ($12.00) and inserting in lieu thereof the words and figure two hundred dollars ($200.00) and the words and figure seventy-five dollars ($75.00), respectively, so that when so amended, section 16 shall read as follows: Section 16. The salary of the mayor and members of council shall be fixed by ordinance, but such salaries shall not exceed the sum of two hundred dollars ($200.00) per annum for the mayor or seventy-five dollars ($75.00) per annum for members of the council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1968 session of the General Assembly of Georgia to change the terms of office for mayor and city council of the city of Midway and to change the compensation of the mayor and city councilman of the City of Midway, and for other purposes.
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This 29th day of January, 1968. Charles M. Jones Representative, 76th District 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 the 76th District, 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 Liberty County, on the following dates: February 1, 8, and 15th, 1968. /s/ Charles M. Jones Representative, 76th District Sworn to and subscribed before me this 4 day of March, 1968. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1976. (Seal). Approved April 11, 1968. WHITFIELD COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 1229 (House Bill No. 1251). An Act to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of roads and revenues for Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), so as to change the compensation of the chairman
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and members of the board of commissioners of roads and revenues of Whitfield County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of roads and revenues for Whitfield County, approved February 21, 1964 (Ga. Laws 1964, p. 2175), 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. Compensation and Allowances : Members of the board herein created shall be paid, as their entire compensation for services the sum of $100.00 per month, except the chairman who shall receive $125.00 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1968 session at the General Assembly of Georgia, a bill to amend an act creating the Whitfield County board of commissioners of roads and revenues. (Ga. L. 1964Vol. II [Illegible Text] 2175) so as to increase the compensation of the members of the board of commissioners.
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This 9th day of January, 1968. /s/ Jack H. Cole, Rep. 3rd. District Post No. 1 /s/ Virgil T. Smith, Rep. 3rd. District Post No. 2 /s/ Gerald H. Leonard, Rep. 3rd. District Post No. 2 January 31, 1968 This is to certify that notice of intent to introduce local legislation legal notice ran in our newspaper, January 13 20, and 26, 1968. /s/ R. M. Josey R. M. Josey, Publisher /s/ Louise B. Hackney, N.P. (Seal). Approved April 12, 1968. HUNTING WITH RECORDED SOUNDS, ETC. IN CERTAIN COUNTIES (44,000-45,300). No. 1230 (House Bill No. 1270). An Act to provide that in all counties of this State having a population of not less than 44,000 nor more than 45,300, according to the United States decennial census of 1960 or any future such census, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 44,000 nor more than 45,300, according to the United States decennial census of 1960 or any future such census, it shall be unlawful for any person to hunt, catch, take, kill or attempt to hunt, catch, take or kill any fox or foxes by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. LOCAL EDUCATION COMMISSION IN ATLANTA AND FULTON COUNTY REESTABLISHED. No. 1232 (House Bill No. 1513). An Act to re-establish a Local Education Commission in Atlanta and Fulton County to continue the study of 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 shall draft a plan or plans, together with proposed Constitutional amendments and legislation, for the combining of such school systems 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 the allocation 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.
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Whereas, by Resolution approved March 18, 1964 (Ga. L., 1964, p. 2171) there was created in Atlanta and Fulton County a Local Education Commission to study the desirability and feasibility of combining the school system of Fulton County and of the City of Atlanta; and Whereas, said Commission filed its report, recommending that said school systems be combined; and Whereas, by Resolution approved March 15, 1966 (Ga. L., 1966, p. 3413) said Commission was re-established for the purpose of drafting a plan or plans, together with proposed Constitutional amendments and legislation, for the combining of such school systems; for consideration by the members of the General Assembly; and Whereas, said Commission has presented its interim progress report, which indicates that additional time will be required to complete the work of the Commission; and Whereas, it is desirable to re-establish said Commission for the purpose of completing the work of the Commission. Now, therefore, be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. There is hereby re-established in Fulton County and the City of Atlanta a Commission to continue the study of 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, and while such systems are separate to study and recommend means for greater economy and efficiency by further cooperation between the two systems. 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 twenty-seven (27) members, classified into the following positions: (a) two ex-officio positions, to be filled by the Superintendent of the Atlanta Public Schools and the Superintendent of the Fulton
Page 3687
County Public Schools; (b) eight ex-officio representing positions, which shall be filled originally by Bill Wainwright 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; Carl Johnson, representing the Fulton County Commissioners; a classroom teacher elected by the Atlanta Education Association; a classroom teacher elected by the Gate City Teachers Association; a classroom teacher elected by the Fulton County Teachers Association; and a classroom teacher elected by the Capital City Teachers Association; and (c) the following voting members of said Commission: Oby Brewer, Jr., Dr. R. H. Brisbane, J. H. Cawthon, John T. Cunningham, Otis M. Jackson, Thomas M. Miller, A. B. Padgett, Mrs. A. L. Riter, Marthame Sanders, Wallace H. Stewart, W. Kenneth Stringer, William M. Teem, III, Dr. Asa Yancey, Dick Lane, Devereaux McClatchey, Horace Ward, and a member of the DeKalb County House Delegation elected by that Delegation, provided that if any one of the last four named individuals should cease to be a member of the Georgia General Assembly then if he be a member of the Georgia House his successor shall be elected by the members of the House representing any part of Atlanta or Fulton County, and if he be a member of the Senate his successor shall be elected by the members of the Senate representing any part of the city of Atlanta. Re-established. 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 representative position, it shall be filled by a person who is then a member of the class represented; if the vacancy is in one of the voting positions, it shall be filled by a citizen then residing in the City of Atlanta or in Fulton County outside the City of Atlanta. Notwithstanding anything else herein stated, if a vacancy takes place in a representative or voting position originally filled by a citizen residing in the City of Atlanta, such
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vacancy shall be filled by a citizen then residing in the City of Atlanta and in one 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 of the City of Atlanta, such vacancy shall be filled by a citizen then residing in Fulton County outside of the City of Atlanta. A majority of the persons serving as members of the Commission shall constitute a quorum to do business but a less number may adjourn from time to time. The Commission shall elect a Chairman, a Vice-Chairman and a Secretary-Treasurer from its membership. The Commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be furnished to the 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 Act 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. Vacancies, etc. Section 3. It shall be the function and duty of said Commission to continue the 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 if such combination is considered desirable, to submit to the General Assembly of the State of Georgia as hereinafter provided a plan or plans, together with proposed Constitutional amendments and legislation, for the combining of such school systems, 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. It shall be the further function and duty of the Commission, while the systems are separate, to study and recommend
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means for greater economy and efficiency in the operation of the separate systems by further cooperation between the two systems. Duties. Section 4. The said Commission shall have the power and authority to hold public hearings and any judge of the superior court upon application signed by the Chairman and Secretary-Treasurer of the Commission shall issue a subpoena for the attendance of any witness or the production of any books, papers or records. 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. Public hearings, subpoenaes, etc. Section 5. The official plan or plans, if any, 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, 1969. At least 60 days prior to filing any of the aforesaid plans, the Commission shall submit a draft copy thereof to each of the aforesaid Boards of Education, for comments and suggested revisions. The Commission
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shall provide for the publication and distribution of a reasonable number of copies of any plan or plans and supporting reports prepared by the Commission or previous Commission. The Commission's existence shall terminate on the first day of the 1969 session of the General Assembly. Official plans. Section 6. The Board of Education of the City of Atlanta is hereby authorized and directed to allocate the sum of $6,000.00 and the Board of Education of Fulton County is hereby authorized and directed to allocate the sum of $4,000.00, for the purpose of carrying out the purposes of this Act, 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. Said Boards of Education are further authorized to allocate and expend such additional funds as in their discretion they may determine to be necessary to carry out the purposes of this Act, provided that such additional allocations and expenditures shall be shared by said Boards on a ratio of 60% from the Atlanta Board of Education and 40% from the Fulton County Board of Education. Funds. Section 7. The Commission is authorized to accept donations in any form from any source and use the same in any way the Commission may deem advisable to effectuate the aims and purposes of the Commission. Gifts. Section 8. If is hereby found, determined and declared that the re-establishment 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 Act. Intent. Section 9. This Act, 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 Act are severable and if any of its provisions shall be held unconstitutional by
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any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Severability. Section 11. A copy of notice of intention to apply for this local legislation and affidavits showing the publication on such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 12. 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 local legislation will be introduced at the regular January-February 1968 session of the General Assembly which will provide for the election of Members of the Fulton County Board of Education by the voters of Fulton County, and further to provide that the members of the Fulton County Board of Education shall appoint the Superintendent of the Fulton County School District, and further to provide for the qualifications for office, the manner of election, the powers, the duties and the compensation of the Fulton County Board of Education, and the Superintendent of the Fulton County School District; to provide that the present school districts of the City of Atlanta and Fulton County shall continue to function under the management and control of their respective boards of education until the elected Fulton County Board of Education herein provided for shall arrange for the operation of the schools within the City of Atlanta as a part of the Fulton County School District; to provide that this act shall go into effect when approved by a majority of those voters of Fulton County who vote in a special election called for the purpose of approving this act, and further that the aforesaid special election shall be called by the Commissioners of Roads and Revenues of Fulton County within ten days after the Mayor and Board of Aldermen of the
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City of Atlanta have called a referendum of the voters of the City of Atlanta for the purpose of determining whether the voters of the City of Atlanta will annul their special school law and become a part of the county school system, and further that the Commissioners of Roads and Revenues shall call the aforesaid special election so that it shall be held on the same day as the aforesaid referendum of the voters of the City of Atlanta, and further that this act shall be of legal effect only if the voters of the City of Atlanta shall vote to annul their special school law and become a part of the county school system as provided by law; to repeal all laws inconsistent with this act; to repeal specific laws; and for other purposes. Local Education Commission of Atlanta and Fulton County. 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 6, 13, 20 days of December, 1967, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 16th day of February, 1968. /s/ Frances K. Nixon (Seal). Approved April 12, 1968.
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TOWN OF CLERMONTTERMS OF MAYOR AND COUNCILMEN. No. 1233 (House Bill No. 1517). An Act to amend an Act incorporating the Town of Clermont in the County of Hall approved August 11, 1913 (Ga. L. 1913, p. 674 et seq.), as amended, so as to provide that beginning an the first Wednesday in December 1968, that the election for mayor and five councilmen of said town shall be held each four years and that the mayor and councilmen so elected shall hold office for four years and until their successors are elected and qualified; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate the town of Clermont in the County of Hall approved August 11, 1913, (Ga. L. 1913, p. 674 et seq), as amended, is hereby amended by striking from section 4 of said Acts the words That on the first Wednesday in December 1913, and annually thereafter, an election shall be held in said town, as shall be designated by the council of said town, for mayor and five councilmen, who shall hold office for one year and until their successors are elected and qualified, and substituting in lieu thereof the words that on the first Wednesday in December, 1968, and on the first Wednesday in December each four years thereafter, an election shall be held in said town, as shall be designated by the council of said town, for mayor and five councilmen, who shall hold office for four years and until their successors are elected and qualified,, so that when so amended section 4 of said Act as amended shall read as follows: Section 4. Be it further enacted by the authority aforesaid, That on the first Wednesday in December, 1968, and on the first Wednesday in December each four years thereafter, an election shall be held in said town, as shall be designated by the council of said town, for mayor and five councilmen, who shall hold office for four years and until their successors are elected and qualified, but no one shall
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vote or be eligible for the office of mayor or councilman of said town who is not a resident of said town and who has not been a resident of the State of Georgia for twelve months, and of the County of Hall for six months and of the Town of Clermont for three months. Said election shall be held and conducted in the same manner as elections for county officers in the State, and the certificate of the managers shall be sufficient authority for the persons elected to enter on the discharge of the duties of the offices to which they have been elected. All elections for mayor and councilmen for the Town of Clermont, Georgia, shall be held at the place in Clermont, Georgia, designated as the town hall by the mayor and council of the Town of Clermont, Georgia. A permanent voters list of qualified voters of Clermont, Georgia, shall be prepared from the book of registered voters hereinafter mentioned and kept by the clerk elected by the mayor and council of the Town of Clermont, and the qualifications for said voters shall be the same as those stated in the original charter of the Town of Clermont, except that in any election held on and after December 1, 1963, no person shall be allowed to vote who shall not have attained his or her eighteenth birthday on or before the date of the election or who shall not have registered with the clerk appointed by the mayor and council at least three months prior to such election by signing his or her name in a book of registered voters kept for said purpose by said clerk, and in which book shall be entered, at the time of registration of each voter, the age, occupation and address of each voter. A registration once thus made shall remain valid so long at the voter remains a resident of the town. Said book of registered voters shall be open for registration for thirty days each year, commencing one hundred and twenty days prior to the annual election specified by the original charter of the Town of Clermont. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Notice of Intention Introduce Local Legislation. Notice is hereby given that there will be introduced in the January-February, 1968, Session of the General Assembly
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of Georgia a Bill to amend the Charter of the Town of Clermont (Ga. L. 1913, p. 674, et seq.) as heretofore amended, so as to provide that beginning on the first Wednesday in December 1968, that the election for mayor and five councilmen of said town shall be held each four years and that the mayor and councilmen so elected shall hold office for four years and until their successors are elected and qualified; to repeal conflicting laws and for other purposes. This December 11, 1967. W. M. Williams J. Robert Cooper Joe T. Wood Georgia, Hall County. In person before the undersigned officer authorized to administer oaths in and for said County and State came Ted Oglesby, who after being duly sworn deposes and says under oath that he is the editor and publisher of the Gainesville Tribune and that the Gainesville Tribune is and has been since January 1, 1968 the newspaper in which the Sheriff's advertisements for Hall County, Georgia are published, the same being a newpaper published in Hall County, Georgia and being the official gazette of Hall County, Georgia and that the Gainesville Tribune is published on Wednesday of each week and that deponent is the person duly vested with authority to sign for the corporation in all such matters and things as contained in this affidavit and further that the foregoing and attached notice of intention to introduce local legislation in the General Assembly of Georgia to amend the charter of the Town of Clermont was published in the Gainesville Tribune on January 31, 1968 and February 7th, 14th, 1968 as provided by the laws of the State of Georgia in cases of local legislation. Ted Oglesby Editor and Publisher of The Gainesville Tribune
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Sworn to and subscribed before me, this 16th day of February, 1968. Kay Head - Notary Public. Hall County, Georgia. My Commission expires May 26, 1971. (Seal). Approved April 12, 1968. GRANTS TO MUNICIPALITIESMINIMUM GRANTS. No. 1234 (House Bill No. 1533). An Act to amend an Act providing for grants to certain incorporated municipalities of this state to be used for any public purposes, approved April 21, 1967 (Ga. L. 1967, p. 889), so as to provide for minimum grants; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for grants to certain incorporated municipalities of this state to be used for any public purposes, approved April 21, 1967 (Ga. L. 1967, p. 889), is hereby amended by relettering subsections (e) and (f) of section 2 as subsections (f) and (g), respectively, and by adding a new subsection (e) to read as follows: (e) Provided, however, no incorporated municipality which qualifies for state grants under the provisions of this Act shall receive less than five hundred dollars ($500.00) per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968.
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THE PUBLIC TEACHER TENURE ACT FOR CITIES OVER 300,000 POPULATION. No. 1235 (House Bill No. 1608). An Act to provide tenure for teachers and other professional personnel of the public school systems of each city of this State having a population of more than 300,000 by the Federal Census of 1960, or by any future Federal census; to provide for a short title; to provide for exceptions; to provide for definitions; to provide for the time of employment in the said school systems in order to come within the scope of the tenure coverage; to provide for the transfer from the said systems to others in case of abolition of the said systems and establishment of new systems, or in case of merger or consolidation of the said systems with one or more already established systems; to provide for a probationary period in the event a teacher changes his professional certificated position and for reversion to tenure status in the event of termination; to provide for a probationary period; to provide for a method of dismissal both in the probationary and tenure period; to provide for a hearing of charges in a proposed dismissal action; to provide for a method of appeal; to provide for a method of removing charges from the permanent record of an employee; to provide for dismissal due to a decrease in student enrollment or other conditions beyond the control of the local board; to provide for seniority rights in such dismissal; to provide for the effect of breaching a contract; to provide for leaves of absence; to provide for maximum tenure age; to provide an effective date; to repeal existing laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title . This Act shall be known and may be cited as The Public School Teacher Tenure Act for Cities over 300,000 Population. Section 2. Persons covered by tenure . All professionally certified teachers and all other certificated professional
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personnel as defined by the State Board of Education, excluding school system superintendents, who are employed in the school systems of cities with a population of more than 300,000, shall be eligible for tenure as hereinafter provided. Section 3. Definitions . Unless clearly indicated otherwise by the context, the following words, when used in this Act, shall have the meanings respectively ascribed to them in this section: The word teacher means any professionally certificated person up to the rank of, but not to include, superintendent, who is employed by the public school system of cities with a population of more than 300,000. The words City Public School System means those public schools operated and controlled by the Board of Education of cities with a population of 300,000 or more according to the 1960 Federal census or any future Federal census. The word termination means separation of probationary personnel by the Board of Education of cities having a population of 300,000 or more at the end of the annual contract period. The word dismissal means separation of a probationary teacher during the contract year, or separation of a tenure teacher at any time. The words academic year means that portion of the year during which the public schools of the state are in regular session or during which the teacher is required to be on duty. The word probation means a contract status enjoyed by a teacher for a period of time when he is on trial with less than tenure status. A provisionally certified teacher may serve in a probationary status, but may not be elected to tenure status without professional certification. The words annual contract mean an original written offer and acceptance of employment for each academic year
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at a given annual salary under written conditions contained in the contract and subject to the provisions of the statutes and the rules and regulations of the state and local board of education. The word tenure means the contract status enjoyed by a teacher on a continuing basis. The word cause means that a teacher may be dismissed for incompetency, inefficiency, physical or mental disability, immorality, neglect of duty, insubordination or failure to carry out the competent directions of superiors or the mandates of the rules of the state or local board of education, advocacy of the overthrow of the local, state, or federal government by acts of violence, or other good and sufficient causes. Section 4. Tenure: eligibility . All personnel of the city public school system who come within the scope of the coverage of this Act shall have tenure status after they have completed three satisfactory academic years in the city system, and any satisfactory years of service rendered to the city Board of Education by a regularly elected teacher prior to the enactment of this Act shall count toward tenue status under this law. Provided, moreover, that in the event of the abolition of the city public school system or in the event of the creation by the legislature of a new school system which includes the certificated personnel of the city system, or in the event of the merger or consolidation of the city system with one or more established school systems, all tenure teachers of the city system who are affected by such abolition and/or creation or merger or consolidation shall be given immediate and automatic tenure status with the new and/or merged or consolidated system on the effective date of such abolition and/or merger or consolidation. In the event a tenure teacher changes his professional certificated position within the city system, he shall revert to probationary status for three years in the new position, at the end of which time he shall be elected to tenure status in the new position. Provided, however, nothing contained
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herein shall in any way affect the original tenure status of such teacher in his original position, and in the event of termination in such new position, the teacher shall revert to tenure status in his original position. Section 5. (a) Probationary Period. 1.) Status . A teacher as defined in this Act shall be on an annual contract basis during probation. 2.) Termination . In each of the three probationary years if a teacher is not to be continued after the termination of his annual contract, original or renewal, the teacher, on or before April 15, shall be given written notice that he will not be recommended for reelection to the second or third year of probation, or to tenure status. Separations arising under said notice shall not give cause for hearing or appeal. If such notice is not given in writing on or before April 15, the teacher shall be deemed to be reelected. 3.) Dismissal . Dismissal of a teacher in a probationary status shall be accomplished during the contract period only through written notice of specific charges with right of hearing before the local board of education, and with right of appeal to the State Board of Education. (b) Dismissal during Tenure Period . A tenure teacher may be dismissed for cause upon recommendation of the superintendent, with written notice of specific charges, thirty days before the proposed action, with right of public hearing before the city Board of Education upon written request within ten days of receipt of notice. Said hearing shall be held within thirty days of the request for hearing, and with right of appeal to the State Board of Education. If, at any final level of jurisdiction, the defendant teacher is exonerated, the charges shall be expunged from his official record. Section 6. Staff Reductions . Nothing in the foregoing provisions shall be construed as preventing the local board from separating an employee from the school system due
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to a decrease in student enrollment, because of unavailability of funds which dictates a reduction in staff, or because of discontinuation of any program, or because of other conditions beyond the control of the local board of education, provided that in staff reduction for any of the above reasons, no tenure teacher may be separated from the system so long as a probationary teacher or tenure teacher of less seniority is retained. Section 7. Effect of Breaching Contract . Any probationary teacher who breaches his contract after July 1 of any year without a release in writing from his superintendent shall lose any accrued time on probation and shall be subject to license denial or revocation as provided in the Minimum Foundation Program of Education Act approved January 24, 1964 (Ga. L. 1964, p. 3) as now or hereafter amended, and shall be required again to serve his full probationary period before being elected to tenure status. Section 8. Leaves of Absence . Leaves of absence including, but not limited to, annual, sick, maternity, professional and military leave, shall be established by local Board policy. The Board shall annually publish its policy relative to leaves of absence and furnish each teacher with a copy. Amendments to the policy relative to leaves of absence shall be published and furnished to each teacher within thirty days after adoption by the local Board. When a leave of absence is requested of said Board, the local superintendent shall notify the teacher in writing that his request has been approved or denied. All requests for leaves of absence shall be in writing. Section 9. Maximum Tenure Age . The Maximum tenure age of a teacher shall be 65 years of age. Section 10. Suspension . Nothing contained in this Act shall be construed so as to infringe upon the power of the local superintendent or local board to suspend a teacher for cause as provided by law. Section 11. Repeal or modification . The provisions of this Act and the rights provided herein shall be subject to
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repeal or modification and in such manner and to such extent as the General Assembly may hereafter deem appropriate. Section 12. Effective Date . The provisions of this Act shall become effective as soon as it has been signed into law by the governor, and they shall apply to the academic year of 1967-68 and thereafter. Section 13. Repealer . All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. PROTECTION OF PENSION RIGHTS OF EMPLOYEES AND TEACHERS, ETC. OF COUNTIES AND LARGEST CITIES IN CERTAIN COUNTIES (300,000 OR MORE). No. 1239 (Senate Bill No. 241). An Act to amend an Act approved December 23, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3000) for the protection of pension rights of county employees, county school district teachers and employees and employees of the largest city located in whole or in part in counties of the population of 300,000 or more according to the last or any future United States Decennial Census; to provide pension credits for prior service with subdivisions of government; to provide for transfer of employees' contributions and matching funds between pension funds of such subdivisions of government; and for other purposes; so as to provide that the effective date shall be the date of approval of this amendment thereafter; to change the interest rate on payment of funds for prior years service from 3% to 4%; 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 3703
that the Act described in the caption hereof be and the same is hereby amended as follows: Section 1. That section 1 of said Act, approved December 23, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 3000), which now appears as paragraph 1 of section 11.1.37 of volume I of the charter and related laws of the City of Atlanta, Georgia, be and the same is hereby stricken in its entirety and the following language is substituted in lieu thereof: Section 1. County employees, county school district teachers and employees, and employees of the largest city located in whole or in part in counties of 300,000 or more by the last or any future United States Decennial Census and who are members of the pension plans of the respective subdivisions of government as of the date of approval of this amendment to said Act and who may thereafter, by transfer of governmental function between such county or such city or through annexation and merger, be transferred to such city from such county or to such county from such city, shall be entitled to be credited on their pension time requirement by their respective pension boards, with all years of service not previously authorized and allowed, with which they were credited by any of said subdivisions of government at the time of separation from its service, provided, however, that school teachers in the employ of the largest city located in whole or in part in such counties shall be credited for years of teaching in other counties or cities of the State only if they become members of the city pension plan by reason of the annexation of territory to said largest city. Section 2. That section 3 of said Act, approved December 23, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 3000), which now appears as paragraph 3 of section 11.1.37 of volume I of the charter and related laws of the City of Atlanta, Georgia, be amended by striking from the first sentence of said section the words by which such member is now or by December 31, 1953 employed., and substituting in lieu thereof to which such employee is transferred and by which such employee is subsequently employed., so that the first sentence of said section shall read as follows:
Page 3704
Section 3. It is the legislative determination that any contributions or matching funds found to the credit of an employee on the books of the pension plan at the time of his separation from employment with the corresponding subdivision of government belongs to and is the the property of the pension fund of the subdivision of government to which such employee is transferred and by which such employee is subsequently employed. Section 3. By amending Section 4 of said Act, approved December 23, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 3000), which now appears as paragraph 4 of section 11.1.37 of volume I of the charter and related laws of the City of Atlanta, Georgia, so that said section, as amended, shall read as follows: Section 4. Any member of any pension plan referred to in section 1 of this Act who has withdrawn any portion of his contribution from any pension fund with any of said subdivisions of government from which he seeks credit for prior years of service or fraction thereof, shall not be allowed such credit unless he gives written notice, within ninety (90) days from the date of the employees transfer to the secretary of the pension board of the government by which he is employed, that he desires to receive credit for such prior years of service and pays into the pension fund of the subdivision of government by which he is employed, the sum withdrawn and unpaid, plus interest at the rate of four (4%) percent per annum, said payment may be in fifty (50) equal monthly installments bearing interest at the rate of (3%) percent per annum. Section 4. By amending section 5 of said Act, approved December 23, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 3000), which now appears as paragraph 5 of section 11.1.37 of volume I of the charter and related laws of the City of Atlanta, Georgia, so that said section, as amended, shall read as follows: Section 5. Any member of the pension plan of any subdivision of government referred to in section 1 of this Act shall be given credit for years of employment with any of
Page 3705
said subdivisions of government or with the State of Georgia not previously granted or allowed by giving written notice within ninety (90) days from the date of the transfer of the employee to the secretary of the pension board of the subdivision of government by which he is employed and by paying into the pension fund thereof a sum representing the contribution which he should have made had he been a member of its pension plan during the years in question or the sum which he should have paid to the pension fund of the subdivision of government by which he was employed during those years, whichever of said sums is the larger, plus interest at the rate of four (4%) percent per annum, said payment may be made in fifty (50) equal monthly installments, bearing interest at the rate of four (4%) percent per annum, provided, however, that no credit for years of employment with the State of Georgia shall be allowed in the pension plan of the largest city located in whole or in part in such counties. Section 5. By amending section 6 of said Act, approved December 23, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 3000), which now appears as paragraph 6 of section 11.1.37 of volume I of the charter and related laws of the City of Atlanta, Georgia, so that said section, as amended, shall read as follows: Section 6. Any employee of any of said subdivisions of government who is not a member of the pension fund or some part thereof, by reason of having chosen not to participate within the time provided by law, may become a member of said pension plan or part thereof, as the case may be, and obtain the benefits under this Act by notifying the secretary of the pension plan of said subdivision of government in writing within ninety (90) days from the date of the transfer of such employee, that he wishes to become a member of said plan or part thereof, as the case may be, and subject to the obligations and benefits and by paying into said pension plan a sum equal to the contribution he would have paid had he chosen to participate within the time originally provided, plus interest at four (4%) percent per annum. Said payment may be made in fifty
Page 3706
(50) equal monthly installments, bearing interest at the rate of four (4%) percent per annum. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 12, 1968. ACT CREATING PENSION FOR FIREMEN IN CERTAIN MUNICIPALITIES AMENDED (150,000 OR MORE). No. 1240 (Senate Bill No. 242). 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 member 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 eliminate the limitation of a tax on insurance premiums of one and one-fourth (1) per centum; to provide that a tax of not less than one and one-fourth (1) shall be levied upon premiums of all fire and lightning insurance companies or associations on property situated within the corporate limits of such cities; to provide that this tax shall go to the aid, relief and pension funds provided in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 13, 1924 (Ga. L. 1924, p. 167 et seq.), 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. The Act approved August 13, 1924 (Ga. L. 1924, p. 167, et seq.) is hereby amended by striking section 12 of said Act in its entirety.
Page 3707
Section 2. The Act approved August 13, 1924 (Ga. L. 1924, p. 167) as further amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 450), is hereby amended by striking section 10 of said Act in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. A tax of not less than one and one-fourth (1) per centum shall be levied against the premiums of all fire and lightning insurance companies or associations or property situated within the corporate limits of such cities, to be collected from and after the passage of this Act. The tax provided in this section shall go to the aid, relief and pension funds provided in this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. ACT CREATING PENSION PLANS FOR EMPLOYEES OF CERTAIN CITIES AMENDED (150,000 OR MORE). No. 1241 (Senate Bill No. 243). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; to provide that regular employees required to work only nine (9) months of each year and who are entitled to be credited with a full year in determining their period of service for eligibility to a pension shall receive such credit only at the expiration of the year for which said credit is being given, and not at the expiration of the nine months worked of such year; to repeal conflicting laws; and for other purposes.
Page 3708
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption hereof and the several Acts amendatory thereof be and the same is hereby further amended as follows: Section 1. That section 3 of the amendment to said Act, approved March 27, 1941 (Ga. L. 1941, pp. 468, 472), creating a new and additional section 10 of said Act, which now appears as section 11.1.39 of the charter and related laws of the City of Atlanta, Georgia, as follows: Whereas, in certain departments of the City of Atlanta certain regular employees are required to work only nine (9) months out of each calendar year, it is hereby enacted that such employees who, in the ordinary conduct of the business of their particular department are required to work only nine (9) months out of each year, shall be credited with a full year in determining their period of service for eligibility to a pension. be and the same is hereby further amended by adding at the end of said section 10, so added by the Act of 1941, and as set forth above, to become a part of same, the following: Provided, however, such employees shall be entitled to receive such credit only at the expiration of the year for which said credit is being given, and not at the expiration of the nine (9) months worked of each year. Section 2. That Section 12 of said Act, as amended by section 3 of the amendment to said Act, approved March 27, 1941, when amended as set forth in section 1, above, shall read as follows: Whereas, in certain departments of the City of Atlanta certain regular employees are required to work only nine (9) months out of each calendar year, it is hereby enacted that such employees who, in the ordinary conduct of the business of their particular department are required to work only nine (9) months out of each year, shall be
Page 3709
credited with a full year in determining their period of service for eligibility to a pension. Provided, however, such employees shall be entitled to receive such credit only at the expiration of the year for which said credit is being given, and not at the expiration of the nine (9) months worked of such year. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved April 12, 1968. ACT CREATING JOINT BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES AMENDED. No. 1242 (Senate Bill No. 308). 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; (Ga. L. 1952, pp. 2825 et seq.), as amended by an Act creating the position of office manager in the office of the joint city-county board of tax assessors and fixes compensation and to create the position of attorney for the joint city-county board of tax assessors and to fix the qualifications and salary of such attorney (Ga. L. 1956, pp. 3466, et seq.), so as to abolish the position of office manager of the joint city-county board of tax assessors; so as to place all administrative responsibilities of the joint city-county board of tax assessors in the chairman of the joint city-county board of tax assessors with the exception of the duties of the evaluation of properties and the assessment of taxes; 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 creating a joint city-county board of
Page 3710
tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more (Ga. L. 1952, pp. 2925 et seq.), as amended by Georgia Laws 1956, pages 3466, et seq., be amended as follows: Section 1. The position of office manager in the office of the joint city-county board of tax assessors is hereby abolished. Office manager. Section 2. The chairman of the joint city-county board of tax assessors shall be responsible for all administrative duties of the said Board with the exception of the duties of the evaluation of properties and the assessment of taxes. All employees of the joint city-county board of tax assessors shall be subject to and under the supervision and direction of the chairman. Section 3. Nothing herein shall be deemed to modify the duties and powers of the members of the joint city-county board of tax assessors in relation to the evaluation of properties and the assessment of taxes. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Approved April 12, 1968. CITY OF MARIETTAAUTHORITY OF BOARD OF EDUCATION TO DISPOSE OF PROPERTY. No. 1246 (Senate Bill No. 355). An Act to amend an Act creating a system of public schools for the City of Marietta, in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91 Vol. II, p. 1014), as amended, so as to provide that the board of education of the City of Marietta shall be authorized to sell, lease or rent real or personal property owned by said board of education; to provide the procedures connected with the
Page 3711
foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a system of public schools for the City of Marietta, in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91 Vol. II, p. 1014), as amended, is hereby amended by adding a new section between sections III and IV to be designated section IIIA, and to read as follows: Section IIIA. (a) Subject to the provisions of subsection (b) of this section, the board of education of the City of Marietta is hereby authorized to sell any real or personal property owned by said board of education when said board determines that such property is not needed, obsolete or inconvenient. Said board shall also be authorized to trade, exchange, lease, rent and otherwise contract concerning any real or personal property owned by said board. (b) Before any real property is sold pursuant to the authority granted in subsection (a) of this section, the board of education of the City of Marietta shall advertise and accept bids for the purchase of such real property, and such property shall be sold to the highest responsible bidder as determined by said board of education. The State, political subdivisions and other public agencies, and agencies of the Federal Government shall be authorized to bid on such real property offered for sale by said board, and in the event the highest responsible bid made by a private person, firm, corporation, partnership or other organization does not exceed the bid made by the State, any political subdivision or other public agency or agency of the Federal Government, said property shall be sold to the State, political subdivision, other public agency or agency of the Federal Government, as the case may be. (c) Whenever any conveyance or other instrument is executed pursuant to the authority granted by this section, said conveyance or other instrument shall be executed by the party or parties designated by the board of education
Page 3712
of the City of Marietta in a resolution duly adopted by said Board authorizing the execution of such conveyance or other instrument. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968. CITY OF LAKE CITYCHARTER AMENDED. No. 1247 (Senate Bill No. 362). An Act to amend an Act incorporating the City of Lake City in the County of Clayton, approved February 12, 1951 (Ga. L. 1951, p. 2351), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 2382), an Act approved March 3, 1962 (Ga. L. 1962, p. 2585), an Act approved March 11, 1963 (Ga. L. 1963, p. 2172), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2770), so as to change the date of elections in said city; to abolish the mayor's court in said city; to create and establish a recorder's court in said city; to provide for the jurisdiction of said court; to provide for the judge of said court; to provide for his term of office, duties and compensation; to provide for all other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Lake City in the County of Clayton, approved February 12, 1951 (Ga. L. 1951, p. 2351), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 2382), an Act approved March 3, 1962 (Ga. L. 1962, p. 2585), an Act approved March 11, 1963 (Ga. L. 1963, p. 2172), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2770), is hereby amended by striking section 3 in
Page 3713
its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The municipal government of said city shall be vested in the mayor and a board of four councilmen who are hereby constituted a body corporate under the name and style of the City of Lake City, Georgia, and by that name and style, shall have perpetual succession, shall be able to contract, buy and hold property, sue and be sued, shall have all the incidental rights usually conferred upon such municipalities by the laws of the State of Georgia and all the rights hereinafter conferred. The mayor and councilmen shall be elected for a term of two years expiring on the first Monday in January biennially thereafter. The mayor and councilmen shall have the authority to adopt the necessary ordinances providing for rules and regulations to govern the holding of all elections governing registration, voting, declaring the results, filing and hearing contests, and all other matters connected therewith. Elections shall be held in said city on the first Saturday in December of each year. Government. Section 2. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. Recorder's Court Created; Presiding Officer . There is hereby created in and for the City of Lake City a recorder's court, which shall have jurisdiction over violations of this Act and ordinances of the city. The presiding officer of the recorder's court shall be a recorder. The mayor and council shall, by a majority vote, appoint the recorder and fix his compensation which shall be payable in equal monthly installments from the funds of the city. The mayor and council shall prescribe, by ordinance, the qualifications and oath of office of the recorder; provided, the recorder shall not be required to be a resident of said city. The recorder shall serve at the pleasure of a majority of the mayor and council. The sessions of the recorder's court shall be held at the place where council meetings are held as often as necessary to dispose of the business before the court. The recorder shall have full authority as judge of said court for the administration of its affairs. Any vacancy in the office
Page 3714
of city recorder, by reason of death, resignation, removal, or any other reason shall be filled by appointment of the mayor and council. In case of disqualification or absence of the recorder, the mayor or mayor pro tem may hold said court and may exercise all of the powers conferred by law and this charter upon the recorder. The recorder shall have full power and authority to sentence any offender, upon conviction, to labor upon the streets or other public works in said city for a period not exceeding ninety (90) days, or to impose a fine not exceeding $500.00, or both. Either one or both of said penalties may be imposed separately or concurrently at the discretion of the recorder for each conviction. When sitting as a court for the trial of offenders the recorder shall have the power to punish for contempt by fine not exceeding $100.00, or by imprisonment or work in the manner hereinabove prescribed for not exceeding thirty (30) days, one or both, at the discretion of the recorder, The city is hereby expressly authorized to contract with Clayton County for the detention of city prisoners. 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 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 in the same manner as a justice of the peace. If the offense charged in the warrant is 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 case shall be disposed of as other cases not made under warrant. All warrants issued by the recorder shall be directed to any policeman of the City of Lake City or marshal thereof, and to all and singular sheriffs, deputy sheriffs and constables of this state and any one of said officers shall have the same authority to execute said warrants as the sheriffs of this state have to execute criminal warrants. The rules of practice in the recorder's court, so far as practicable, shall be the same as the rules of practice in the superior courts of this state.
Page 3715
The recorder 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 provided for in this charter. Any police officer or marshal of the City of Lake City 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 Lake City in an amount and surety to be approved by the policemen or as directed by the city recorder, conditioned upon the 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 shall have been tried for the offense for which charged. If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof, provided 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 has been 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 sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the City of Lake City 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 of binding effect upon such property and of the defendant and
Page 3716
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 or marshal 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, be regarded as a fine and so assessed by said recorder and paid into the treasury of the city. The ministerial officers of the recorder's court shall be the policemen and marshals of the City of Lake City, to whom all mesne and final processes shall be directed. Said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such duties connected with said court as may be required of them. Any decision of the recorder's court shall be reviewable by writ of certiorari to the superior court as provided by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968. FANNIN COUNTYTAX COLLECTOR PLACED ON SALARY BASIS. No. 1248 (Senate Bill No. 372). An Act to abolish the present method of compensating the tax collector of Fannin 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 with the exception of fees for the sale of motor vehicle license plates of such officer shall become the property of the county; to provide for the collection of all such
Page 3717
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 for such officer; to provide for the compensation for such personnel; to provide the tax collector and tax receiver shall occupy the same suite of offices; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the tax collector of Fannin 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 tax collector shall receive an annual salary of $8,500.00 payable in equal monthly installments from the funds of Fannin County. Salary. Section 3. The tax collector 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 his services in his capacity as tax collector, and he 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 such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. It is specifically provided that the fees and commissions allowed by an Act approved January 17, 1938 (Ga. L. 1937-38, Extra Session, p. 297), as amended, relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest shall be paid into the county treasury. Fees.
Page 3718
Section 4. It is specifically provided however that in addition to the salary provided herein the tax collector shall continue to receive those fees allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, for the sale of motor vehicle license plates by local tax officials. Same. Section 5. In addition to the salary provided above the tax collector of Fannin County shall receive the sum of $3,600.00 per year, payable in equal monthly installments from the funds of Fannin County to be used by said officer in compensating any additional personnel which he desires to employ in his office. The tax collector shall receive this sum regardless of whether he employs additional personnel within his office and regardless of whether the entire sum provided therefor is expended by said officer in compensating additional personnel. Clerical personnel. Section 6. The tax collector shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. It shall be within the sole power and authority of said officer, 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, and to fix the compensation of each employee thereof within the limits of the funds made available for that purpose. Deputies, etc. Section 7. The necessary operating expenses of such office, excluding the salaries of deputies, clerks, assistants and other personnel, shall be paid from any funds of the county available for such purpose. Office expenses. Section 8. The official bonds of the tax collector and his deputies, clerks, assistants and other personnel as may be required by law, shall be procured by the tax collector, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bonds. Section 9. The tax collector and tax receiver shall occupy the same suite of offices. Officers.
Page 3719
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968. CITY OF HAPEVILLECHARTER AMENDED. No. 1249 (Senate Bill No. 378). 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 change the provisions relating to the election of the mayor, councilmen and aldermen; to change the provisions relating to the term of office of the mayor, aldermen and councilmen; to change the provisions relating to the wards of the City of Hapeville; to provide for severability; 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 September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisement for the localities are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published for once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Advertisement.
Page 3720
Section 2. Section 2 of Georgia Laws 1961 Session, Act. No. 236, and codified in the official Code of the City of Hapeville as article 1, section 38 of the charter laws of Hapeville, is hereby amended by striking all of said section and inserting in lieu thereof the following: Election for the offices of mayor, councilmen and alderman-at-large of the said city shall be held on Tuesday after the first Monday in November in the year prior to the expiration date of the term for which such mayor, councilman and alderman-at-large were elected. The hour for the opening and closing of the polls shall be as provided by resolution each year of mayor and council not in conflict with any provisions of the Federal and State Constitutions, nor the Laws of the State of Georgia. The election shall be held in one or more locations of the city and such public buildings or places as shall be designated by resolution of the mayor and council at least sixty (60) days prior to such election. Special elections to fill vacancies occurring on the governing body or for bond elections shall be held as per the publication of notice as provided elsewhere in this charter and the laws of this State, but in no event less than thirty (30) days after publication of a resolution by mayor and council declaring such election. Elections. Section 3. That section 3 of Act No. 873 of the General Assembly of Georgia, Georgia Laws, page 2983, 1962 Session, approved March 3, 1962, and codified in the official code of the City of Hapeville as section 38.1 of article 1 of the charter laws of Hapeville is hereby amended by striking all of section 3 and inserting in lieu thereof the following: That commencing with the election to be held in the year 1968, the term of office of mayor shall be for three (3) years commencing on the first Tuesday in January, 1969, and in the election to be held in 1971 shall be for a term of four (4) years commencing with the first Tuesday in January, 1972, and shall be for a four (4) year term thereafter. Commencing with the election to be held in 1970, the alderman-at-large shall be elected for a one (1) year term commencing the first Tuesday in January, 1971, and for a four (4) year term thereafter. As of the election to be held in 1970, councilmen
Page 3721
shall be elected for a four (4) year term commencing the first Tuesday in January, 1971, and for a four (4) year term thereafter. Thereafter the city shall hold elections as is provided elsewhere in the charter of the City of Hapeville (article 1, section 38, code of Hapeville). Nothing herein shall affect the terms of office of the present mayor, alderman and councilmen, it being the intention of this Act to reduce the number of councilmen from four (4) to two (2) as of the first Tuesday in January, 1961. Terms of office. Section 4. Section 4 of Georgia Laws of 1961 Session, Act No. 236 and codified in the official code of the City of Hapeville as article 1, section 43 of the charter laws of the City of Hapeville is hereby amended by striking all of said section and inserting in lieu thereof the following: That effective the first Tuesday in January, 1969, the City of Hapeville shall be divided into two wards, ward no. 1 to consist of all of the area of the City of Hapeville south of the railroad tracks at Central Avenue and all of the area of the city west of the center line of Stewart Avenue, the same being the area formerly comprising wards 1, 2 and 3; ward no. 2 to comprise the area north of the railroad tracks on Central Avenue and east of the center line of Stewart Avenue, being the area formerly known as ward no. 4. One councilman shall be elected from each ward to be elected at large from the entire city. There is also to be an alderman-at-large to be elected at large by the entire city. To qualify to the office of mayor of the City of Hapeville, a candidate must have been a resident of said city for not less than one (1) year prior to date of his qualification; must be a property owner and taxpayer in said city; and must be a qualified voter for members of the General Assembly of Georgia and have voted in any election held in the preceding year in which he was qualified to vote. To qualify for election as councilman from a designated ward in the city a candidate must be a property owner and taxpayer in the City of Hapeville; a resident of the City of Hapeville for at least 12 months prior to the date of his qualification as candidate; and a resident of the ward from which he qualifies for at least thirty (30) days prior to his qualification. He must also be a qualified voter for members of the General Assembly
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of Georgia and must have voted in the election in the year preceding his qualification if any election in which he was qualified to vote had been held. To qualify as alderman-at-large, a candidate must have been a resident of said city for not less than one (1) year prior to the date of his qualification; must be a property owner and taxpayer in said city and must be a qualified voter for members of the General Assembly of Georgia; and have voted in any election held in the preceding year in which he was qualified to vote. These qualifications shall be cumulative to any other qualifications provided in this charter and not in lieu thereof. The term alderman-at-large shall be considered the same as the alderman mentioned elsewhere in this charter. Nothing in this act shall affect the status of the present four wards and the representation thereof as to councilmen until the first Tuesday in January, 1969, when this section shall take affect. Wards, etc. Section 5. That if any clause, sentence, paragraph or any part of this Act for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. Severability. Section 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 April 12, 1968. CITY OF DAISYNEW CHARTER, REFERENDUM. No. 1250 (Senate Bill No. 380). An Act to incorporate the City of Daisy in Evans County, Georgia and provide a Charter for said City; to repeal the Charter of the Town of Daisy granted by the Superior Court of Evans County on the 13th day of June, 1923; 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
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said city now in force and not in conflict with this Act to be preserved, continue of force, and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for notice by candidates for office, the manner of their election and removal from office; to provide for the retention of office of the present officers of the city; to provide for the qualifications of all electors and voters therein; to provide for the registration of the qualified voters thereof, and for the registration books of said city, and when the same shall be open; to provide for the recorder's court, the appointment of a judge thereof, and the trial and punishment therein of all offenders against the laws of said city, and the manner of appeal therefrom; to establish the qualifications of the mayor and councilmen, and to provide for the election thereof; to provide an oath of office for the mayor and councilmen and to provide for the designation of mayor pro tem; to provide for the meetings of the mayor and councilmen and to establish a quorum therefor; to provide for salaries for city officials and employees; to establish the powers of the mayor and councilmen; to provide for the enactment of all necessary ordinances, rules and regulations, and to provide penalties for the violation thereof; to provide for the effective dates of ordinances, etc.; to provide for the enforcement of ordinances, rules and regulations; to provide for appearance bonds; to authorize the use of a city depository; to establish a bond commission; to provide for the fiscal year; to provide for the submission of an annual budget and for the contents thereof; to provide for appropriation ordinances, for the scaled reduction of appropriations, for the use of emergency loans, for the transfer of funds, for deficiency appropriations, and for the reversion of balances; to provide for ad valorem taxation; to provide for a board of assessors of tax returns; to provide for collection of business licenses; to provide for the issuance of retail liquor licenses; to provide for execution; to provide for condemnation; to provide for the improvements of streets, etc., and assessments therefor; to provide for issuance of both general
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obligation and revenue bonds; 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 charter of the Town of Daisy granted by the Superior Court of Evans County on the 13th day of June, 1923, is hereby repealed in its entirety. Prior charter repealed. Section 2. Name: Created . The City of Daisy lying in Evans County, Georgia. The City of Daisy, Georgia, hereinafter referred to as the city or said city, in the County of Evans, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of Daisy, Georgia. Said city as a municipality shall have perepetual 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 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 to dispose of, in any manner known to law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said city for corporate purposes, subject to the restrictions contained in this Act. Said city shall have the right to adopt such ordinances, rules and regulations and resolutions for the welfare and proper government of the city and for the transaction of the business thereof as may be deemed good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Said city shall be the legal successor of the Town of Daisy, Georgia, existing at the time of passage of this Act and shall receive all of the property of said former city and shall be responsible for all debts, contracts and obligations for which said former city is now obligated. All existing, valid ordinances, rules, by-laws, regulations and resolutions of the Town of Daisy not inconsistent
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with this charter shall remain in full force and effect for the city until altered, amended or repealed. Section 3. Corporate limits . The corporate limits of said city shall be as follows: LEGAL DESCRIPTION FOR REVISED CORPORATE LIMITS OF THE CITY OF DAISY. The corporate limits of the City of Daisy, in the County of Evans, shall be, one (1) mile square, with the central point of said square located at the northwest corner of the former location of the Seaboard Air Line Railway Company's Depot, evidenced by a concrete marker, in the said City of Daisy. And the northern and southern boundary lines of said incorporate square of the said City of Daisy, each to be one (1) mile in length, parallel to each other and one (1) mile distant each from the other, and the said northern and southern boundary lines of said incorporate square of the said City of Daisy, each to be one (1) mile in length, parallel to each other and one (1) mile distant each from the other, and the said northern and southern boundary lines of said incorporate square of said City of Daisy, to be parallel to, equal to, and equidistant one-half () of one (1) mile from another base line, the same being a true east and west line drawn through the central point of said square and extending one-half () of one (1) mile, east, of said central point of said incorporated square of the City of Daisy, and the said true east and west line extending one-half () of one (1) mile, west, of the said central point of said square. And the said true east and west line appears on the map or graph of said City of Daisy, on file in the office of the clerk of the mayor and Council of said city, as the latitudinal median. And the eastern and western boundary lines of said incorporated square of the City of Daisy, each to be, one (1) mile in length, parallel to, equal to, and equidistant one-half () of one (1) mile from another base line the same being a true north and south line drawn through the central point of said incorporate square of said City of Daisy, and extending one-half () of one (1) mile, north, of the said central point of said incorporate square of said City of Daisy, and the said true north and south line extending one-half () of one (1)
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mile, south, of said central point of said incorporate square of the City of Daisy, and the said true north and south line appears on the map or graph of said City of Daisy, on file in the office of the clerk of the mayor and council of said city, as the longitudinal median, and the said eastern and western boundary lines shall be one (1) mile distant each from the other. Section 4. Form of government . The municipal government of said city shall consist of a mayor and five councilmen. The present mayor and councilmen of the city shall continue in office until the expiration of their terms on December 31, 1968, and until their successors are duly elected and qualified, as hereinafter provided, and they shall have and exercise all the rights, powers, and duties hereby conferred on the mayor and councilmen of the city. Section 5. ElectionsGeneral . The first election for mayor and councilmen shall be held on the first Tuesday in December, 1968, at which time the mayor and all five councilmen shall be elected as follows: The candidate for mayor and the two candidates for councilman receiving the highest number of votes cast at said election shall be elected for terms of two years and until their successors are elected and qualified. The three candidates for councilman receiving the next highest number of votes cast at said election shall be elected for initial terms of one year and until their successors are elected and qualified. Thereafter, an election shall be held annually in the city on the first Tuesday in December. At the election held on the odd-numbered years there shall be elected three councilmen, while on the even-numbered years there shall be elected a mayor and two councilmen. Each of said officers shall serve two years and until their successors are duly elected and qualified. The mayor and councilmen shall make such ordinances relating to elections as they, in their discretion deem necessary. Section 6. SameSpecial . In case of vacancy in the office of mayor and councilmen, by death, resignation, failure to elect, removal from office, removal from the city, or for
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any other reason, a special election shall be ordered by the mayor and councilmen of the city within thirty days, of such occurrence, giving at least ten days' notice by publication of the election to fill such vacancy. If such vacancy occurs within three months of the expiration of the term of office of such officer, the mayor and councilmen, in their discretion, may decline to order such election. All vacancies existing at the time of any general election shall be filled at such general election and without the aforementioned ten days' notice. Section 7. SameVoter qualifications . All persons who are eighteen (18) years of age and who shall have paid all taxes legally imposed and demanded by the city authorities, except taxes for the year in which the election is held, and who have been bona fide residents of said city for six (6) months previous to the time when the election is held, and who are qualified to vote in the County of Evans for members of the General Assembly of Georgia, and who have registered, as hereinafter provided, shall be considered electors and be entitled to vote in said city elections; and no others shall be qualified to vote. Section 8. SameRegistration . (a) The clerk-treasurer, or such other person as may be designated by the mayor and councilmen of the city, shall keep open, during the hours of transaction business in said city, a list or book for the registration of those citizens qualified to vote; said list or book shall remain open for registration until two weeks before any election duly held in said city. (b) Every person registered shall take the following oath: I do solemnly swear that I am a citizen of the United States of America; that I have resided in Georgia one year immediately preceding this election and six months within the corporate limits of the City of Daisy immediately preceding the opening of the registry list; that I am eighteen years of age or over, or will be by the day of the election; that I have paid all taxes due the city; that I have made all returns required by the ordinances of the city; that I am qualified to vote for members of the General Assembly of Georgia, so help me God.
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Section 9. SameManagers . All elections shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, all of whom shall be citizens of the city. Each of said managers, before entering on his duties, shall take an oath before some justice of the peace, or some other officer duly qualified to administer an oath, that he will faithfully and impartially conduct said election and will enforce all laws and ordinances governing such elections to the best of his skill and power. Said managers shall cause to be kept a list of voters and a tally sheet of such election. Section 10. SameManner of holding; Duties of managers . All elections in said city shall be held at the fully provided and designated voting booth or booths within said city. The manner of holding said election, a secret ballot, the provisions for voting booths, the hours of keeping the polls open shall in all respects be the same as the holding of an election for the members of the General Assembly in the County of Evans. Persons receiving the highest number of votes for respective offices shall be declared elected. At the close of said polls, the managers shall count all votes and shall return the tally sheet of said votes, together with the list of qualified voters, a list of those voting, and all ballots, properly sealed, to the clerk-treasurer. The clerk-treasurer, after the expiration of ninety days, shall destroy the contents of said ballot box without examining said ballots or allowing such an examination to be made, provided no notice of contest shall be filed or pending. Section 11. SameContests . If the results of any election held in the city are contested, notice of the contest shall be filed with the clerk-treasurer, or such other officer as has been designated by the mayor and council, within twenty-four hours after the managers have completed the counting of said votes, setting forth all the grounds of contest, and paying twenty-five ($25.00) dollars in advance to the clerk-treasurer as costs. Within ten days thereafter and after the mayor and councilmen have given two days' notice to the contesting parties as to the time of hearing said contest, the mayor and councilmen shall proceed to hear and determine all issues made by said contest, and their decision shall be
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final, except as the right of certiorari or quo warranto may apply. Section 12. SameCandidates . Any person desiring to qualify as a candidate for the office of mayor or councilman of the city shall file with the clerk-treasurer a written notice of his or her intention to run for such office and shall at the same time pay to the said clerk-treasurer a qualifying and entrance fee in the amount of five ($5.00) dollars, if qualifying for the office of mayor, and in the amount of two and 50/100 ($2.50) dollars, if qualifying for the office of councilman. Said notice shall be filed and said qualifying fee shall be paid at least by 12:00 noon, Eastern Standard Time of the fifteenth day prior to said election, and if the fifteenth day should fall on a legal holiday, said statement shall be filed by noon of the following day. To determine the fifteenth day, the day alleged to be the fifteenth day shall be counted, but the day of the election shall not be counted. Section 13. SameBallots . Prior to said election day, the clerk-treasurer, under the direction of the mayor, shall have printed or prepared a ballot to be used by the voters in said election, which ballot shall be in all respects a secret ballot without any identifying number or other writing on the part actually denoting the voter's choice. Any error made by an elector in marking of his ballot shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. Section 14. SamePolling places . The mayor and councilmen shall by ordinance prescribe one or more voting places or election precincts within the city. Section 15. Mayor and councilmen, Qualifications . No person shall be eligible to hold the office of mayor or councilman unless he has reached the age of twenty-five years, is a citizen of the United States of America and of the State of Georgia, shall have resided in the city one year immediately preceding his election, and shall have paid all taxes, licenses and other indebtedness legally due and demanded by said city.
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Section 16. Mayor. Powers and duties generally . The mayor shall preside at all meetings of the mayor and councilmen and perform all duties of the office of the mayor generally. He shall be authorized to call special meetings of the mayor and councilmen upon his own motion or upon request of a councilman. He shall have a voice vote in all meetings of the mayor and councilmen and shall be recognized as the official head of the city. He shall have authority to appoint all standing committees of the mayor and councilmen and such other committees as he may deem necessary and to the best interest of the city. He may in times of emergency or danger with the consent of the mayor and councilmen take command of the police and other law enforcement officials and may govern the city by proclamation to maintain peace and good order and enforce the laws and ordinances of the City of Daisy. Section 17. Mayor pro tem . At the first regular meeting of the may or and councilmen in each year, they shall elect one of their number mayor pro tem., whose term of office shall be one year; and during the sickness, absence or disqualification of the mayor, mayor pro tem, or in his sickness, absence or disqualification of any one of the councilmen chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties. Section 18. Oath of office . Before entering upon the discharge of their duties, the mayor and councilmen shall take an oath to faithfully perform and discharge the duties devolving upon them respectively, to the best of their ability and understanding, which oath shall be as follows: I, , Do solemnly swear that I will well and truly perform the duties as mayor (councilman, as the case may be) of the City of Daisy, to the best of my skill and ability, without favor or affection, so help me God. Section 19. Meetings . The mayor and councilmen shall provide by ordinance for regular meetings, not fewer than one each month, and shall hold such special meetings as the
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business of the city may require, to be convened as provided by ordinance. Section 20. Quorum . The mayor or mayor pro tem., and three members of the council shall constitute a quorum for the transaction of any business before the governing body of said city, and the majority of the votes cast shall determine all questions and elections before the council. Neither the mayor nor any councilman shall vote upon questions where he is disqualified by reason of interest, relationship, or otherwise. Section 21. Salaries . The mayor, councilmen, clerk-treasurer, and other elected or appointed officials and employees shall have an adequate salary to be fixed by annual ordinance. Section 22. Powers, Generally . The mayor and councilmen shall have power and authority to appoint a city manager, acting city manager, a city marshal, a clerk-treasurer, a city attorney, a city recorder, and other officers, as they may deem necessary to properly carry out the affairs of the city, and may require bonds therefrom, and shall make and pass all ordinances, by-laws, rules and regulations which they may deem necessary for the good order, peace, health and government of the city, and for the enforcement of the powers herein provided and granted; they shall have exclusive jurisdiction over the streets, alleys, sidewalks, drives, parks, and other public property of said city, the authority to regulate the use thereof, and keep the same in good order. They may construct and maintain at such time as they may determine, water-works, drainage and sewer systems, lights, gas system and other modern improvements, including airports parking facilities and public buildings, issuing bonds when necessary to pay the same; they shall establish and regulate police, fire and sanitary protection for said city; they shall, when in their judgment it is necessary, grant municipal franchises, raise revenue by taxation, grant licenses to defray the expenses of the government, regulate the sale and barter of merchandise and the exhibition of shows within the limits of the city and to impose on same all proper taxation and licensing regulations; and they shall
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do all things whatsoever, not repugnant to the Constitution of the United States or of the State of Georgia, which may be incidental to municipal corporations generally. Section 23. Specific powers . In addition to the power and authority vested in the city, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and councilmen are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: (1) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infectious, contagious or dangerous diseases in said city; (2) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases in said city, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases, mental and physical, and personal injuries, and to contribute money to the same; (3) To own and regulate cemeteries, including the right to move, remove, locate or relocate graves therein, also parks, either within or without the said city, to own or contribute to the support and maintenance of swimming pool, golf links, parks and playgrounds, or similar recreation facilities, either within or without the corporate limits of said city; (4) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit the sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city;
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(5) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buldings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electrical wiring in structures in said city; (6) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; at the expense of the person obstructing same. (7) To grant franchises, easements, and 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 State or Federal law; (8) To establish, equip, and maintain a fire department; (9) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (10) To provide, equip, and maintain a prison and public work camp, and to regulate the same; and to provide for the working of prisoners on the streets of said city, or any public works of said city, both within and without the corporate limits; (11) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys and transfer companies operating in said city, and to regulate the operation thereof;
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(12) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (13) To lay out and open new streets, sidewalks, and alleys and close abandoned streets, sidewalks, and alleys in said city; and to change the grades, location and widths thereof; (14) To provide a uniform scale of costs to the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; (15) To require connection with sewerage by property owners whose property abut on streets having sewer mains therein; (16) To establish, equip, and maintain a police department and to establish police rules and regulations; (17) To pass zoning and planning laws whereby the city may be zoned or districted for various uses and other or different uses prohibited therein and may regulate the use for which said zones or districts may be set apart and may regulate the plans for development and improvement on real estate therein; (18) To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia and to expand general funds for such; (19) To establish for the benefit of city officials and employees an equitable civil service system and retirement plan, which may be that of old age and survivor's insurance, or a combination thereof, and to levy taxes for the city's contribution to same. Section 24. Intent . The enumeration of powers contained in this Act shall not be considered as restrictive; but the city and its authorities may exercise all powers, rights and jurisdiction as they might if such enumeration were not made;
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and the council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare and protection of said city; and, where under this Act rights are conferred or powers granted but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure not repugnant to the interest and purpose of this Act or laws of this State. Section 25. Ordinance enactment . Every proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more than one subject, which subject shall be clearly stated in the title; but general appropriation ordinances may contain various subjects and accounts for which moneys are to be appropriated. The enacting clause of all ordinances shall be Be it ordained by the Mayor and Councilmen of the City of Daisy. No ordinance, unless it shall be an emergency measure, shall be passed until it shall have been read at two regular meetings, not less than one week apart, or unless the requirement of such reading has been dispensed with by a unanimous vote of the mayor and councilmen. An emergency ordinance is one necessary for preservation of peace, health, welfare, prosperity or safety. Section 26. Effective date of ordinances and resolutions . Each ordinance or resolution shall take effect when passed and certified as to passage, unless otherwise provided in said ordinance or resolution. Section 27. Enforcement of ordinances, punitive powers . The mayor and councilmen shall have the power to enforce the ordinances, rules and regulations of the city by fine not exceeding five hundred ($500.00) dollars, and upon default thereof by labor upon the streets or other public works for a period not to exceed sixty days or by imprisonment in the city jail for a period not to exceed sixty days. The collection of any and all fines may be enforced by execution and levy and sale of property as provided for the collection of taxes. Section 28. Clerk-TreasurerResponsibility discharge . The clerk-treasurer shall be responsible directly to the mayor
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and councilmen, who are given absolute authority to discharge at any time the clerk-treasurer appointed by them, by a majority vote of the council, with or without cause. Section 29. SameDuties . The clerk-treasurer shall be the custodian of the funds of the city; shall be the keeper of the records thereof; shall be clerk of the recorder's court; shall discharge all duties that may be required of him by this Act or by the laws, ordinances, rules, regulations and resolutions of the mayor and councilmen. All processes shall issue in the name of the clerk. Section 30. City attorney, Duties . The city attorney shall meet with the mayor and councilmen at all regular meetings and at such called meetings as he may be requested. He shall render legal opinions to the mayor and councilmen or any individual member thereof, the clerk-treasurer, the city marshal, the city recorder, the city manager, and chief of police. He shall be attorney for all commissions and agencies of the City of Daisy unless otherwise provided by proper ordinance and shall render opinions and services to those agencies. He shall render such other service and perform such other acts as may be desired by the mayor and councilmen for the best interest, welfare, and benefit of the city. Section 31. Chief of police, Duties . The chief of police shall have full direction and management of the policemen under him, subject to the control and direction of the mayor and councilmen by ordinance. He shall see that all ordinances are enforced and that the personnel under him discharge their duties faithfully. The chief of police and the policemen under him shall require an offender to give bond and security conditioned upon his appearing at court and upon his failure to give said bond they may confine said offender in the city jail until a hearing can be had. The chief of police and the policemen under him may execute any warrant issued by any magistrate of this State, upon any defendant found within the city. Upon the arrest of any person for violating the criminal laws of Georgia, or when it is known that the State law is being violated, the chief of police or the policemen under him shall apply immediately to the nearest magistrate for a warrant and execute same. When any offense
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has been committed in the presence of said chief of police or any member of the police force and the offender shall flee, they may pursue said offender anywhere in the State, arrest offender, and deliver him to the proper authorities. The chief of police and other officers of said city shall perform such other and further duties as shall be required of them by the mayor and councilmen of the city. Section 32. City marshal, Duties . The city marshal shall be the collecting officer of all executions issued for unpaid taxes, licenses, and other matters, which he may be directed to collect by the mayor and councilmen. He shall execute such executions by levying the same upon either real or personal property, and any property so levied upon shall be advertised and sold as directed by ordinances passed by the mayor and council. There shall be taxes against all persons against whom an execution shall be issued, and for levying, advertising, selling and making titles, the same costs as are allowed sheriffs for like service, and fees shall be paid over by said marshal to the city treasurer. Section 33. Recorder's courtEstablished . There is hereby established a court to be known as a recorder's court in and for the city, which court shall have jurisdiction to try offenses against the laws and ordinances, rules and regulations of the municipal government and to punish for violation of the same. Said court shall have the power to preserve order, compel the attendance of witnesses, to punish for contempt by imprisonment, not exceeding two days or by fines not exceeding ten dollars, one or both. Section 34. SameRecorder, Appointment . The mayor and councilmen shall have authority to elect and to fix the salary of a recorder, who shall be a lawyer living and practicing in the County of Evans, said recorder shall preside over the recorder's court. In the event of the absence, disability or disqualification of said recorder, the said court shall be presided over by the mayor, or by the mayor pro tem., in the absence, disability or disqualification of said mayor, or by any councilman who may be designated by the clerk-treasurer
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in the absence, disability or disqualification of the mayor pro tem., and, when presiding, any of the aforementioned persons shall be known as the city recorder. Section 35. SameMaximum penalties . Said court shall be authorized and empowered to punish for the violation of the ordinances, rules and regulations of the city by fine not exceeding five hundred ($500.00) dollars and, upon default thereof, by labor upon the streets or other public works for a period not to exceed sixty days or by imprisonment in the city jail for a period not to exceed sixty days, said fine shall not include costs of court, which costs shall be in addition to the fine. Section 36. SameAppeals or certiorari . Any person convicted in the recorder's court of the city for the violation of any ordinances, rules or regulations shall have the right of certiorari to the Superior Court of Evans County. Section 37. Appearance bonds . The mayor and councilmen shall provide by ordinance for the giving of appearance bonds, which may be either a surety bond or a cash bond, for persons accused or charged with the violation of the ordinances, rules and regulations of the city, and by ordinance shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure pertaining thereto. Section 38. City depositories . The mayor and councilmen shall designate a bank or banks as city depository. All checks or warrants withdrawing city funds shall be signed by the clerk-treasurer and by the mayor or one other member of the city council, when required by ordinance. Section 39. Bond commissionEstablished . There is hereby created and established a bond commission, which shall consist of three persons, residents of the city, none of whom shall be an official or employee of the mayor and city council, and each of whom shall be an experienced and trustworthy businessman or businesswoman, the powers and duties of said commission to be as follows:
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(a) To receive from the clerk-treasurer as and when the same are collected, all funds derived and collected from the assessment and levy by the mayor and city council of a tax for the payment of the principal and interest due or to become due on the bonded indebtedness of the mayor and city council; (b) To safely keep and protect all such funds so received by said commission and apply the same when due in payment of the principal and interest of the bonded indebtedness of the city, and to keep all cash on hand, until needed for the purpose stated, on deposit in some safe and secure bank or banks at the highest rate of interest obtainable and properly protected by bond, or else invest the same in bonds of the State of Georgia, or unmatured bonds of the mayor and city council; (c) To make frequent, and at least quarterly examinations of the books, records and accounts of the clerk-treasurer and ascertain whether or not said commission is receiving, as and when the same are collected, all sums due said commission as herein provided for; and in the event said commission should at any time find that the clerk-treasurer has failed, neglected or refused to pay over to said commission all or any sum or sums collected by him for the assessment and levy of a tax for the payment of the principal and interest of said bonded indebtedness, said commission shall immediately institute action in the proper court against the clerk-treasurer and his bondsman for the recovery of the amount said clerk-treasurer has so failed, neglected or refused to pay over to said commission. Section 40. SameMembers, how appointed . The members of said bond commission shall be named and appointed by the mayor and councilmen; all members of said commission appointed, except to fill vacancies, shall be appointed for a term of three years; and in case of a vacancy of said commission, by reason of death, resignation or for other cause, appointed shall be made for the remainder of the unexpired term. Before entering upon the duties of his office, each member of said commission shall make oath in writing, to be filed with the clerk-treasurer, to truly and
Page 3740
faithfully discharge his powers and duties as a member of said commission, and shall file with the clerk-treasurer a good and solvent bond in the sum of not less than five thousand dollars payable to the mayor and city council and conditioned to truly and faithfully perform his powers and duties as a member of said commission and to account for all funds coming into his hands as a member of said commission; the premium, if any, on such bond shall be paid by the mayor and city council. The mayor and city council shall cause the books, records and accounts of said commission to be thoroughly examined and audited at least once each year. Section 41. City managerAppointment . The mayor and councilmen of the city shall appoint a city manager whose title shall be City Manager of the City of Daisy, and who shall be the administrative head of the municipal government under the direction and supervision of the mayor and councilmen, and he shall hold office at the pleasure of the city council. He shall be chosen solely on the basis of his executive and administrative qualifications, and he need not be a resident of the city or of the State at the time of his appointment. He shall receive a salary to be fixed by the mayor and councilmen. No person who has served as a member of the city council shall be eligible for appointment to the office of the city manager until one year after he has ceased to be a member of the city council. Section 42. SameDesignation of acting city manager . During the absence or disability of the city manager, the mayor and councilmen may by resolution designate some properly qualified person to temporarily execute the functions of his office. The person thus designated shall have the same powers and duties as the city manager and shall be known while so serving as Acting City Manager of the City of Daisy. Section 43. SameRemoval . The city manager shall be removable by such procedure as may be prescribed by ordinance. Section 44. SamePowers and duties generally . In addition to those elsewhere in this Act provided, the following
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powers are hereby conferred on the city manager and the following duties are required of him: (1) He shall have authority to appoint and remove all officers and to hire and fire all employees of the city with exception of those specifically set forth and provided in Section 22 above and such employees and officers of the utility commission; (2) He shall be responsible to the mayor and councilmen for the proper administration of the affairs committed to his charge; (3) He shall devote all of his working time to his duties as city manager; (4) He shall have the right to request the counsel, advice or opinion of the city attorney concerning any matter affecting the interest of the city; and it shall be his duty to respond to such request to the best of his ability; (5) He shall have the power, subject to the approval of the mayor and councilmen, to change, consolidate or abolish any of the offices, departments or functions over which he exercises supervision and control, and create in lieu thereof such other offices, departments and functions as he may deem best, which offices, departments and functions, when so created, shall be under his supervision and control as provided therein; (6) He shall be purchasing agent for the city, by whom all purchases of supplies shall be made, and he shall approve all vouchers for payment of same. In the capacity of purchasing agent, he shall also conduct all sales of personal property which the council may authorize to be sold as having become unnecessary or unfit for the city's use. All purchases and sales shall conform to such regulations as the city council may from time to time prescribe; but in case of purchases, if an amount in excess of five hundred ($500.00) dollars is involved, such purchases shall be made by competitive bid; (7) All bonds required of the officers and employees shall be subject to the approval of the city manager;
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(8) He shall attend all meetings, stated and special, of council with the right to take part in the discussions, but not to vote; (9) He shall have the right to recommend to the mayor and councilmen for adoption such measures as he may deem necessary or expedient; (10) He shall see that all terms and conditions in favor of the city or its inhabitants in contracts with public utilities and other are faithfully kept and performed; (11) He shall prepare the budget of the city annually, and submit its to the mayor and councilmen, and be responsible for its administration after its adoption; (12) He shall prepare and submit to the mayor and councilmen, within thirty days after the end of each fiscal year, a complete annual report on the finance and administrative activities of the city for the preceding year; and make such other financial reports from time to time as may be required by the mayor and councilmen or by the charter of the city; (13) He shall have the power to investigate the affairs, records, accounts and expenditures of the various commissions created either by ordinances of the mayor and councilmen or by Acts of the Legislature of Georgia relating to the affairs of the City of Daisy, and to report thereon at least once a year to the mayor and councilmen; (14) He shall keep the mayor and councilmen advised of the financial condition of the city and make such recommendations as may seem to him desirable; (15) He shall perform such other duties as may be required of him by the mayor and councilmen. Section 45. Fiscal year . The fiscal year of and for the city shall be from the first day of January to the thirty-first day of December of each year, that is to say, it shall be the same as the calendar year.
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Section 46. Budget, required: Contents . On or before the first regular meeting of the mayor and councilmen in January of each year, a budget shall be submitted by the city manager, if one has been appointed, to the mayor and councilmen for the ensuing fiscal year. In the absence of a city manager, the clerk-treasurer must submit such budget. Said budget shall contain a detailed and summarized statement of the following matters, as nearly as it is ascertainable: (1) Total assessed property valuation of the city. (2) Public debt of city, floating and bounded and the annual interest charges thereon. (3) Total receipts and expenditures of the city for the four last previous years. (4) Detailed and summarized statement and estimate of all anticipated revenues of the city for the ensuing fiscal year, classified as to its sources. (5) Total expenditures of the city during the previous fiscal year, classified for each department, agency, and institution. (6) A complete plan of proposed expenditures for the ensuing fiscal year, so classified as to exhibit clearly the items of expenditures proposed and showing the distinction between such as are for permanent improvements, salaries, maintenance and new municipal undertaking for each separate department, institution, board, commission or other municipal agency. (7) Statement of assets, liabilities, revenues and surplus or deficit of the city, in sufficient detail and in such form as to show the then financial condition of the city, together with a comparison of such financial condition with that existing during the four previous fiscal years. (8) A statement or balance showing aggregate or proposed expenditures and estimated revenues for the ensuing fiscal year, and such other statements and information as
Page 3744
may be necessary for an intelligent consideration and determination of and concerning the proposals and estimates as made in said budget. Section 47. AppropriationsOrdinances . All expenditures and appropriations of money by the mayor and councilmen shall be by ordinance, and the same shall not be valid until approved by the mayor; provided, however, should the mayor disapprove of any such ordinances, or scale or reduce any appropriation or appropriations carried therein, the councilmen may override such disapproval or change by a two-thirds vote of the membership thereof, unless overriding such disapproval or change such appropriation or appropriations would cause the aggregate appropriations for any fiscal year to exceed the anticipated and estimated revenue in such year, in which event the power of the councilmen to override such disapproval or change by the mayor shall extend only to the aggregate of the anticipated and estimated revenue for any fiscal year as set forth in the budget. In the event any such ordinance or any appropriation or appropriations carried therein is disapproved, scaled or reduced, as aforesaid, by the mayor, the same shall be returned to the mayor and councilmen by the mayor not later than the next regular meeting of the mayor and councilmen, and upon his failure so to do, such ordinance shall stand as if approved; except that no ordinance shall be of any force or effect whatsoever which causes the aggregate appropriations for any fiscal year to exceed the anticipated and estimated revenue as contained in the budget. Section 48. SameScaled reduction: Emergency loan . In case the mayor and councilmen appropriate funds for any fiscal year, for any purpose whatsoever, in excess of the estimated revenue for said year, the mayor is authorized, empowered and is hereby directed to scale or reduce any or all appropriations made for such year, whether contained in the budget appropriation ordinance or supplementary appropriation ordinance, keeping in view the relative importance and need of each appropriation so made, to the end and extent that the aggregate appropriation for any one fiscal year shall conform to and not exceed the estimated revenue for said year. In case of emergency, that is to say in case of
Page 3745
some extraordinary and unexpected need or demand not anticipated at the time of the preparation of the budget, the mayor and councilmen are authorized and empowered to obtain, by loan or otherwise and appropriate and expend the sum of $2,000.00 or so much thereof as may be necessary in excess of said estimated revenue, but in no event shall such excess or emergency appropriation exceed the sum of $2,000.00; in the event such excess or emergency appropriation is required and made, the budget for the next succeeding fiscal year shall contain and provide for the payment of the same out of the revenue for such succeeding year. It shall be unlawful for the clerk-treasurer to pay out funds otherwise than in accordance with this Act, and he shall be personally liable for the violation thereof to the extent and amounts of any such unauthorized payment, at the instance of any taxpayer of the city. Section 49. SameTransfer of items; Deficiency appropriations . In order to achieve some degree of flexibility in appropriations, any department, institution or other agency receiving an appropriation under the terms of this Act may apply to the city manager for leave to transfer a part of any item appropriated to such department, institution or agency to any other item in such appropriation; if the city manager shall consent thereto, he shall notify the clerk-treasurer thereof in writing, whereupon the clerk-treasurer shall place the amounts so transferred to the credit of the item designated. However, no sum appropriated for any permanent improvement shall be used for maintenance or for any temporary purpose. In the preparation of said budget the city manager or clerk-treasurer shall incorporate therein and shall set aside from out of said estimated revenues the sum of $2,000.00 to be designated as deficiency appropriation, which sum shall be appropriated, if occasion demands, by the mayor and councilmen to cover deficiencies in the appropriation to any department, institution or agency as carried in said budget appropriation ordinance and also to pay any claims or requests approved by the mayor and councilmen which are not provided for in the budget. Section 50. SameReversion of balances . At the close of each fiscal year the unencumbered balance of each appropriation
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shall revert to the respective fund from which it was appropriated and shall be subject to future appropriation. Any accruing revenue of the city not appropriated and any balance remaining after the purpose of the appropriation shall have been satisfactory or abandoned may, from time to time, be appropriated by the mayor and councilmen, to such use as will not conflict with any uses for which specifically such revenues accrued. Section 51. Ad valorem taxation . The mayor and councilmen are authorized and empowered to prescribe by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the corporate limits of the city not exceeding five (5) mills on each dollar of property taxable in said city for the purpose of raising revenue for the support and maintenance of the city government, and are further authorized to increase the millage provided any proposed increase shall be submitted to the qualified voters of said city and a referendum called for such purpose by the mayor and councilmen which may be called by appropriate resolution, provided that no referendum shall be held for such purpose until after thirty (30) days' notice is given to the qualified voters of said city by publication once a week for four weeks in the official gazette immediately preceding the referendum. Said published notice shall contain the amount of the proposed increase, the purpose of such proposed increase, and such other and additional data and information as the mayor and councilmen deem advisable. All qualified voters shall be eligible to vote in such referendum, and if a majority of the ballots cast approve such increase, then it shall be effective immediately upon the results being officially determined and announced by the mayor and councilmen. Section 52. Board of tax assessorsAuthorized . The mayor and councilmen shall have power and authority to appoint three freeholders, residents of the city, as a board of tax assessors, whose authority, duties, and compensation shall be established by the mayor and councilmen by ordinance. Section 53. Business licenses . The mayor and councilmen of the city shall have full power and authority to license,
Page 3747
regulate and control all businesses, occupations, professions, callings, trades or avocations conducted or engaged in within the corporate limits of the city, which under the laws of the State, are subject to license. Such occupation tax or license tax shall constitute a lien, upon all the property of the tax-payer or person liable and shall take rank and be enforceable in the same manner as ad valorem taxes due the city; and the city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in the city; and said city shall have power to punish anyone conducting or engaging in any such business, etc., without first registering and paying said license taxes. Section 54. ExecutionAuthorized . The mayor and councilmen shall have the power and authority to enforce by execution the collection of any amount due or to become due for taxes, utility rates and charges, license fees, taxes and assessments of every kind; for fines and forfeitures, for curbing, guttering and paving streets and sidewalks, lanes and alleys; for laying sewers and drains; for cleaning and repairing privies; and for any other debt or demand due the city. Such execution shall be issued by the clerk-treasurer against the person, firm or corporation by whom any such debt may be due or may become due. Said execution may be levied by the city marshal on the property of the owner against whom such execution shall issue, and the same shall be sold as provided by the Georgia Code, Chapter 92-44 relating to sales for municipal taxes. Section 55. Condemnation . The mayor and councilmen shall have full power and authority to condemn property within or without the corporate limits, for the purpose of public buildings, parking facilities, airports, parks, cemeteries, water supplies, sewerage, drainage, water systems, gas systems, electric systems, and for laying out new streets, grading, or in any way changing streets, lanes and sidewalks in said city, and for any other purpose for which authority is granted to a municipality by the State of Georgia; and the manner of condemning said property shall be that now fixed or hereafter fixed by the laws of this State for the condemnation of property by municipalities.
Page 3748
Section 56. Improvements of streets, etc., Assessments . The mayor and councilmen shall have full power and authority, in their discretion, to grade, re-grade, pave, repave, macadamize, open and close, and otherwise improve the drainage of the sidewalks, streets, alleys and public parks of said city, and to carry into effect the authority herein granted, the mayor and councilmen shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks and streets against the real estate abutting on such streets and sidewalks. Any railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in proportion as the mayor and councilmen may provide by ordinance. Said mayor and councilmen shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of each improvement made, and prorating the costs thereof an real estate according to the frontage of the streets or portion of streets so improved, or according to the area of value of said real 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. Section 57. Authority to provide public parking areas, etc . (a) The mayor and councelmen of the city shall have the right, by complying with the provisions of the Act known as the Revenue Bond Law approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, to issue revenue bonds for the purpose of acquiring sites, razing, altering, or repairing buildings and improvements thereon for the purpose of using the same as public parking areas and public parking buildings; said revenue bonds to provide that the principal and interest thereon shall be paid from the proceeds of revenues derived from operation of such public parking areas and public parking buildings. (b) The mayor and councilmen of the city shall have the right to rent or lease said public parking areas and public parking buildings or parts thereof, for such term of years
Page 3749
as it may deem proper, to such person or corporations as it may deem proper and upon such conditions as it may approve; and the mayor and councilmen of the city shall further have the right to collect charges from the public for parking, storing or servicing motor vehicles or other vehicles in said parking areas and public parking buildings and may make such charges as it may deem proper and may change the schedule of such charges from time to time. (c) The mayor and councilmen of the city shall have the right to borrow funds from any source for the purpose of erecting, altering and repairing improvements on the property and shall have the right to secure the payment of said loans by executing to the lender or lenders, deeds to secure debts, mortgages, notes or other instruments necessary for property in order to properly secure the repayment of said loans. Section 58. General Obligation bonds . The mayor and councilmen shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of the State, and general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued, may refund existing debts, establish and maintain a system of waterworks, a system of lights, erect public buildings, or any other improvements, convenience or necessity for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations therein stated. Section 59. Revenue bonds . The city shall have all powers granted to municipalities under the Revenue Bond Law (Ga. L. 1937, p. 761, et seq.), as amended, other applicable laws of the State of Georgia and the Constitution thereof, and any present or subsequent amendments thereto. Section 60. Referendum . Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the Town of Daisy to issue the call for an election for the purpose of submitting this
Page 3750
Act to the voters of the Town of Daisy for approval or rejection. The mayor and council shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The mayor and council shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Evans County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating the City of Daisy in Evans County, Georgia and providing a charter for said City. Against approval of the Act incorporating the City of Daisy in Evans County, Georgia and providing a charter for said 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 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 the Town of Daisy. It shall be the duty of the mayor and council to hold and conduct such election, and such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the mayor and council to convass 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 61 . All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968.
Page 3751
CHEROKEE COUNTYSCHOOL DISTRICTS, REFERENDUM. No. 1251 (Senate Bill No. 391). An Act to change the school districts of the Cherokee County school system; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purpose of electing the members of the Cherokee County board of education, said county is hereby divided into five school districts, as follows: School District 1, Posts 1 and 2, shall be composed of that portion of the Canton Militia District (G.M.D. 792) lying within the corporate limits of the City of Canton, and a member of said board shall be elected from each of said posts. School District 1, Post 3, shall be composed of the Canton Militia District (G.M.D. 792) lying without the corporate limits of the City of Canton and that portion of the Wildcat Militia District (G.M.D. 1019) more particularly described as follow: Beginning at the point where the centerline of Butterworth Road interects the line dividing the Canton Militia District (G.M.D. 792) and the Wildcat Militia District (G.M.D. 1019); thence southeasterly along the centerline of Butterworth Road to a point where the centerline of Butterworth Road intersects the centerline of State Highway No. 5; thence southeasterly along the centerline of Univeter Road to a point where the centerline of Univeter Road intersects the northern right-of-way boundary line of the L. N. Railroad tracks; thence northeasterly along the northern right-of-way boundary line of the L. N. Railroad tracks to a point where said right-of-way boundary line intersects the line dividing the Canton Militia District (G.M.D. 792) and the Wildcat Militia District (G.M.D. 1019); thence westerly along said line dividing said Militia
Page 3752
Districts to the point of beginning. One member of said board shall be elected from said post. School District 2 shall be composed of the Ball Ground (G.M.D. 1032) and Conns Creek (G.M.D. 1031) Militia Districts, and one member of said board shall be elected from said district. School District 3 shall be composed of the Cross Roads (G.M.D. 1000), Little River (G.M.D. 1174), Mullins (G.M.D. 818) and Hickory Flat (G.M.D. 1010) Militia Districts, and one member of said board shall be elected from said district. School District 4 shall be composed of the Woodstock (G.M.D. 890), Lickskillet (G.M.D. 1015), Bells (G.M.D. 817), Sixes (G.M.D. 1279) and Wildcat (G.M.D. 1019) Militia District, except that portion of the Wildcat Militia District included in School District 1, Post 3, and one member of said board shall be elected from said district. School District 5 shall be composed of the Salacoa (G.M.D. 960), Harbins (G.M.D. 1008), Claytons (G.M.D. 971) and Fair Play (G.M.D. 1028) Militia Districts, and one member of said board shall be elected from said district. Section 2. The school districts of the Cherokee County school system, as defined in section 1 of this Act, shall be effective for the election of the members of the Cherokee County board of education beginning with the first election for a member of said board held after this Act becomes effective. Nothing herein shall be construed to shorten, lengthen or abolish the term of office of any member of the board of the Cherokee County Board of Education holding office on the date this Act becomes effective, and except for redefining said school districts as provided in section 1, the provisions of the amendment to the Constitution ratified at the general election held in 1956 and set forth in Georgia Laws 1956, p. 133, as amended, by the amendment to the Constitution ratified at the general election held in 1966 and set forth in Georgia Laws 1966, p. 1075 shall continue in full force and effect.
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Section 3. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Cherokee County to issue the call for an election for the purpose of submitting this Act to the voters of Cherokee County for approval or rejection. The ordinary shall set the date of such election for the Tuesday next following the first Monday in November, 1968. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: For approval of the Act changing the School Districts of the Cherokee County School System. Referendum. Against approval of the Act changing the School District of the Cherokee County School 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 onehalf of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1969, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Cherokee County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968.
Page 3754
CITY OF NASHVILLECORPORATE LIMITS. No. 1253 (Senate Bill No. 400). An Act to amend an Act creating a new charter for the City of Nashville, approved December 17, 1900 (Ga. L. 1900, p. 374), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Nashville, approved December 17, 1900 (Ga. L. 1900, p. 374), as amended, is hereby amended by adding between section 2 and 3 a new Section to be known as section 2A and to read as follows: Section 2A. In addition to the present territory embraced within the corporate limits of the City of Nashville, the corporate limits of said city shall also include all that territory embraced within the following described tract of land: Commencing at a point which is located at the point where the northern boundary line of the present corporate limits intersects the centerline of U. S. Highway 129; thence in an easterly direction along the present boundary line of said city for a distance of 50 feet to a point; thence in a northerly direction along a line running parallel with the centerline of U. S. Highway 129 for a distance of 5,835 feet to a point; thence in a westerly direction along a line running perpendicular to said U. S. Highway 129 for a distance of 100 feet to a point; thence in a southerly direction along a line running parallel to the centerline of said U. S. Highway 129 for a distance of 5,835 feet to the present northern boundary of said corporate limits; thence in a westerly direction along the present northern boundary line of said corporate limits for a distance of 50 feet to a point, which point is the point of beginning.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968. WHITE COUNTYCOUNTY DEPOSITORY. No. 1254 (Senate Bill No. 401). An Act to abolish the office of treasurer of White County; to provide that the commissioners of roads and revenues of White County shall appoint depositories for county funds; to provide for procedures; to provide for construction of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of treasurer of White County is hereby abolished. It shall be the duty of the commissioners of roads and revenues of White County on January 1 of each year to appoint a chartered bank or chartered banks, which are located and doing business in White County, as depository or depositories of all funds of White County. Section 2. Said county depository or depositories shall not pay out any county funds so deposited except on order or check duly signed by the chairman of the board of commissioners of roads and revenues of White County. Upon approval by said board, the vice chairman or comparable officer, may sign such orders and checks in the absence of the chairman. Section 3. Said depository or depositories shall be selected under such rules and regulations as may be prescribed by the board of commissioners of roads and revenues of White County.
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Section 4. Said depository or depositories shall furnish to the board of commissioners of roads and revenues of White County at the end of each month a statement showing the amount of funds deposited and paid out during the month, and the balance remaining on deposit together with all cancelled checks paid during said month. Section 5. Said depository or depositories shall receive no compensation for acting as such. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968. COOSA VALLEY AREA VOCATIONAL TECHNICAL SCHOOL SYSTEM. No. 1255 (Senate Bill No. 406). An Act to create the Coosa Valley Area Vocational Technical School System; to provide for a board of trustees of said system; to provide for the appointment of the board of trustees; to provide for the qualifications, compensation and terms of office of the members of the board; to provide for the operation and administration of the system by the board of trustees; to provide that the director of the Coosa Valley Area Vocational Technical School shall be the secretary of the board of trustees; to provide for the submission of budgets by the board of trustees; to authorize the board of trustees to promulgate rules and regulations; to provide for the powers and duties of the board of trustees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Coosa Valley Area Vocational Technical School System. The affairs of the
Page 3757
Coosa Valley Area Vocational Technical School shall be administered by a Board of Trustees composed of seven members as follows: The county school superintendent of Floyd County and the city school superintendent of the Rome school system shall be ex officio voting members of the board. The board of education of Floyd County and the board of education of the City of Rome shall each appoint a member to the board and such members shall each serve for terms of office of two years. The board of commissioners of roads and revenues of Floyd County shall appoint one members to the board for one year, one member to the board for two years, and one member to the board for three years. Thereafter, the members of the board appointed by the board of commissioners of roads and revenues shall each be appointed for terms of office of three years. The members of the board of trustees shall assume office on July 1, 1968, and administer thereafter the affairs of the Coosa Valley Area Vocational Technical School System. The members of the board shall receive no compensation for their services. Vacancies for an unexpired term shall be filled in the same manner as appointments. Created, trustees, etc. Section 2. The board of trustees shall elect a chairman and such other officers as they may deem necessary at their first meeting in each fiscal year. The director of the Coosa Valley Area Vocational Technical School shall serve as secretary of the board. Chairman, etc. Section 3. The board of trustees shall prepare an annual budget and submit it to the board of commissioners of roads and revenues of Floyd County on or before September 1 of each calendar year. The board of commissioners of roads and revenues shall have the authority to increase, decrease or approve the budget as recommended by the board of trustees and the Floyd County budget commission; and to levy the necessary taxes to operate said system. Budget. Section 4. The powers of the board of trustees shall include, but shall not be limited to, the following: (a) To receive and administer gifts, grants and donations and administer trusts. Powers.
Page 3758
(b) To contract with the State of Georgia or any of its political subdivisions or any municipality and with the United States Government or with any department or agency of the State of Georgia or the United States and with private persons and corporations; to contract with the State School Building Authority, the State Department of Education or with any of its divisions and with the Georgia State Board for Vocational Education or either of them in any manner relating to said school system. (c) To borrow money, to issue notes, to execute trust agreements or indentures and to mortgage, pledge and assign any and all of its funds, property and income as security therefor, subject to approval of the board of commissioners of roads and revenues. (d) To acquire property by gift or purchase, to erect buildings thereon for school purposes and to equip and maintain such facilities, to rent or lease for a specified number of years, with the privilege of renewal or with the option to purchase, from any person, firm or corporation, land, buildings, equipment, furnishings, and supplies for school purposes. (e) To prescribe the curriculum of said school system and to determine entrance requirements in accordance with the laws of this State. (f) To appoint and employ such executive, instructional, clerical and maintenance personnel and other employees and fix their compensation and terms of employment. (g) To appoint attorneys, accountants, architects, and engineers and to fix their compensation. (h) To adopt, alter or repeal bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be employed, as the Board may deem necessary or expedient in facilitating its business. Section 5. The board is authorized to receive funds from the State, any of its agencies, the State Board of Education
Page 3759
or the State Board for Vocational Education under such terms and conditions as may be prescribed by the State, said agencies, or the State Board of Education. Funds. Section 6. The board shall promulgate such rules and regulations as it shall deem advisable for the admission of students. The board is further authorized to contract for the admission of students who reside outside the territorial limits of Floyd County and shall have the power and authority to contract with the governing authority of counties, municipalities and other political subdivisions for the admission of students residing in such municipalities, counties or other political subdivisions. The board shall fix, charge and collect such matriculation fees, tuition and supply fees as it, in its discretion, may prescribe, and may condition the attendance of any student in said school system upon the prompt payment of such fee or fees. Rules, etc. Section 7. The board shall maintain such records and reports as it shall deem advisable, and it shall maintain such financial records as shall be required by good accounting practices. Records. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. CITY OF ATLANTACHARTER AMENDED. No. 1259 (Senate Bill No. 311). 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 the 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 and the same are further amended as follows:
Page 3760
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. By adding thereto a new section to read as follows: The mayor and board of aldermen shall have the authority to take all necessary and proper means for keeping the corporate limits of the City of Atlanta, and any property over which the jurisdiction of the City of Atlanta may extend, free from garbage, trash, refuse, rubbish and filth of all kinds. Sanitation. Section 3. By adding thereto a new section to read as follows: The mayor and board of aldermen of the City of Atlanta shall have the authority, in addition to making assessments for sanitary purposes, and with respect to garbage, rubbish and refuse, as hereinafter defined, to charge fees for the collection, removal and/or disposal of same, such fees to be charged against the owners, or when not owner occupied, against the occupants, tenants or lessees of the premises from which such garbage, rubbish and refuse is collected, removed and/or disposed. Assessment, etc. In determining such fees, the mayor and board of Aldermen of the City of Atlanta shall have the authority to consider the amount, weight or volume, of the garbage, rubbish or refuse to be collected and/or removed as well as the nature
Page 3761
of the producer thereof, whether residential, commerical, industrial or otherwise, and to base such fees upon classifications of the foregoing, as the mayor and board of aldermen of the City of Atlanta in their discretion may determine. Fees. The following words shall have the following meanings: (1) Refuse is all putrescible and nonputrescible solid waste, excluding body wastes, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes, but including garbage and rubbish; (2) Garbage is putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food; (3) Rubbish is a nonputrescible solid waste consisting of combustible and noncombustible waste such as paper, cardboard, tin cans, wood, glass, bedding, crockery and similar materials, but excluding ashes, yard clippings and street cleanings. Definitions. Section 4. By adding thereto a new section to read as follows: Nothing herein contained shall limit the authority of the mayor and board of aldermen of the City of Atlanta from continuing, as they may from time to time determine, with respect to the collection, removal and/or disposal of garbage, refuse, rubbish and trash, for making such assessments for such services, in whole or in part, for sanitary purposes against lots of land and lot owners, as provided for in the provisions of the charter of the City of Atlanta now codified as sections 9.2.7 and 9.2.8 of volume I of the charter and related laws of the City of Atlanta. Intent. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968.
Page 3762
FULTON COUNTYDUTIES OF TAX COMMISSIONER. No. 1260 (Senate Bill No. 312). An Act to amend an Act entitled an Act to consolidate the offices of tax receiver of Fulton County and 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 and of the chief deputy tax commissioner of Fulton County; to define the duties, obligations, rights, powers and privileges of each such officer; to provide that the tax commissioner of Fulton County shall have the power to appoint one or more deputies and to define their duties; to provide that the tax commissioner of Fulton County shall be ex-officio county registrar of such county and to define his duties as such; to provide that said tax commissioner shall be ex-officio sheriff insofar as to enable him to collect the taxes due the State and county by levy and sale under tax executions and to define his duties as ex-officio sheriff; to provide for and fix the compensation of such officers; to provide a separability clause; to repeal conflicting laws, and for other purposes, approved February 21, 1951 (Ga. L. 1951, pages 3006-3010), be amended so as to authorize the tax commissioner of Fulton County to collect taxes due the City of Atlanta lying and being situated in DeKalb County by levy and sale under tax executions; 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 described in the caption hereof (Ga. L. 1951, p. 3006-3010), be further amended as follows: Section 1. By adding to Section 10, relating to the powers of the tax commissioner of Fulton County as ex-officio sheriff, a new paragraph to read as follows: The tax commissioner of Fulton County, as ex-officio sheriff, insofar as to enable him to collect the taxes due
Page 3763
the City of Atlanta on property in the City of Atlanta lying and being situated in Fulton County and DeKalb County, shall have full power to bring such property to sale for the purpose of collecting taxes due the City of Atlanta, and sales made by the tax commissioner of Fulton County shall be valid and shall carry the title to the property thus sold as fully and completely as if made by the municipal revenue collector and ex-officio marshal of the City of Atlanta prior to the effective date of this law., so that, as amended, section 10 shall read as follows: Section 10. The tax commissioner of Fulton County shall have the power to appoint one or more deputies, who shall be vested with the same powers as the tax commissioner with respect to levy and collection as is vested by law in tax collectors and the said tax commissioner shall be responsible for the acts of said deputies. The tax commissioner of Fulton County shall be ex-officio sheriff, insofar as to enable him to collect the taxes due the State and county, by levy and sale under tax execution and said tax commissioner shall not be allowed to turn over any tax executions to the sheriffs, or to any other levying officials of the State, except when it may become necessary for the purpose of enforcing the same, to send said executions to any other county or counties than that in which issued. Said tax commissioner, by virtue of his office, shall have full power and authority to levy all tax executions heretofore or hereafter issued by him or the tax collector of Fulton County. Said tax commissioner shall have full power to bring property to sale for the purpose of collecting taxes due the State and county, and sales made by the tax commissioner of Fulton County shall be valid and shall carry the title to property thus sold as fully and completely as if made by the tax collector prior to the effective date of this law. The tax commissioner of Fulton County, as ex-officio sheriff, insofar as to enable him to collect the taxes due the City of Atlanta on property in the City of Atlanta lying and being situated in Fulton County and DeKalb County,
Page 3764
shall have full powers to bring such property to sale for the purpose of collecting taxes due the City of Atlanta, and sales made by the tax commissioner of Fulton County shall be valid and shall carry the title to the property thus sold as fully and completely as if made by the municipal revenue collector and ex-officio marshal of the City of Atlanta prior to the effective date of this law. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice, as required by law, are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. See Enrolled Act for affidavit and advertisement. Approved April 12, 1968. DOUGLAS COUNTY BOARD OF EDUCATIONREFERENDUM. No. 1261 (House Bill No. 1149). An Act to provide that the membership of the board of education of Douglas County shall consist of five (5) members; to provide for education districts; to provide for education posts; to define the residence requirements of the members; to provide for the election of a chairman; to provide for filling vacancies; to provide for qualifications; to provide for staggered terms; to provide for terms of office; to provide for a quorum; to provide for compensation; to provide for all matter and procedure relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Page 3765
Be it enacted by the General Assembly of Georgia: Section 1. The board of education of Douglas County shall be composed of five (5) members including the chairman to be elected as hereinafter provided. For the purpose of electing members of the board of education of Douglas County, Douglas County shall be divided into three education districts as follows: Education District No. 1 . Education District No. 1 shall be composed of all that territory within Douglas County embraced within Militia District No. 730 (Douglasville). Education District No. 2 Education District No. 2 shall be composed of all that territory within Douglas County embraced within Militia District No. 1273 (Salt Springs). Education District No. 3 . Education District No. 3 shall be composed of all that territory within Douglas County embraced within Militia District No. 784 (Chestnut Log), Militia District No. 1272 (Crombies), Militia District No. 1260 (Fairplay), Militia District No. 1271 (Middle), Militia District No. 1259 (Conners) and Militia District No. 736 (Chapel Hill). Each of the five (5) members of the Board of Education shall occupy a board post, the same numbered 1 through 5, inclusive. Posts numbered 1 and 2 shall be occupied by board members from Education District No. 1, post numbered 3 shall be accupied by a board member from Education District No. 2, post numbered 4 shall be occupied by a board member from Education District No. 3, and post numbered 5 shall be occupied by a board member from anywhere in Douglas County. Section 2. The members of the board shall be elected by the registered and qualified voters from the education district which they represent, except for the member which occupies post numbered 5, who shall be elected by the registered and qualified voters of the entire county. Candidates may not offer for election to said board from any education district other than the district in which their legal residence
Page 3766
lies. The chairman shall be a member of the board and shall be elected by the board at the first meeting which is conducted in January of each year. In the event of a vacancy on the board for any reason other than the expiration of the term of office, the remaining members of the Board shall elect a person for the education post from the education district in which the vacancy occurs, who shall serve for the unexpired term. Members, chairman, etc. Section 3. No person shall be eligible to be on the board unless he is at least twenty-five years of age, a freeholder, and has been a resident of the county at least two years and a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of election. In the event a member moves his residence from the district he represents, his place on the board shall immediately become vacant. Members. Section 4. At the general election to be conducted in 1968, there shall be elected the first members of the board of education of Douglas County as herein provided for. The candidates elected for education posts 1 and 3 shall take office on the first day of January following their election and shall serve for a term of office of two years each and until their successors are duly elected and qualified. The candidates elected for posts 2, 4 and 5 shall take office on the first day of January following their election and shall serve for a term of four years each and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial members of the Douglas County board of education as provided for herein shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire and they shall take office on the first day of January following their election and shall serve for a term of four years until their successors are duly elected and qualified. Terms. Section 5. Three (3) members of the board shall constitute a quorum for the transaction of any business which may come before the board. All members of the board shall be compensated in the amount of fifty ($50.00) dollars per month, payable monthly. Quorum, compensation.
Page 3767
Section 6. The board of education of Douglas County created by this Act shall be the successor to all the rights, powers, duties and obligations of the old board of education of Douglas County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Intent. Section 7. Within 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 Douglas County to issue the call for an election for the purpose of submitting this Act to the voters of Douglas County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Douglas County. The ballot shall have written or printed thereon the words: For approval of the Act providing for redistricting of the Education Districts of Douglas County and providing for staggered terms of the members of the Douglas County Board of Education. Referendum. Against approval of the Act providing for redistricting of the Education Districts of Douglas County and providing for staggered terms of the members of the Douglas County Board of Education. 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 Douglas County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result
Page 3768
of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1968 Session of the General Assembly of Georgia, a bill to provide that the membership of the board of education of Douglas County shall consist of five (5) members; to provide for education districts; to provide for education posts; to define the residence requirements of the members; to provide for the election of a chairman; to provide for filling vacancies; to provide for qualifications; to provide for staggered terms; to provide for terms of office; to provide for a quorum; to provide for compensation; to provide for a referendum; and for other purposes. This 5th day of Jan., 1967. s/ Kent Dickinson Representative, 27th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kent Dickinson who, on oath, deposes and says that he is Representative from the 27th District, 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 Douglas County, on the following dates: January 11, 18, 25, 1968. /s/ Kent Dickinson Representative, 27th District
Page 3769
Sworn to and subscribed before me, this 29th day of January, 1968. /s/ Pamela A. McIntyre Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 12, 1968. ACT CREATING ZONING AND PLANNING COMMISSIONS IN CERTAIN COUNTIES AMENDED (300,000 OR MORE). No. 1263 (House Bill No. 1142). An Act to amend an Act entitled Zoning in Certain Counties for the creation and establishment for counties having a population of 300,000 or more inhabitants, a county planning commission and a board of zoning appeals, and to authorize the board of commissioners of roads and revenues to exercise the authority conferred upon them by law with reference to zoning property in said county..... and for other purposes approved February 15, 1952 (Ga. L. 1952, p. 2689 et seq.) so as to provide that the hearing before the county authorities with respect to the modification or amendment of any portion of the comprehensive plan or zoning resolution shall be after a written report has been filed by the planning commission of the county, which report of such planning commission shall be within thirty (30) days after the public hearing held by such commission..... and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that An Act entitled An Act to create and establish for counties having a population of 300,000 or more inhabitants by the last or any future census of the United States a county planning commission and board of zoning appeals and to authorize the board of commissioners of roads and
Page 3770
revenues or other governing authorities for such counties to create a county planning commission; to authorize said county planning commission to exercise the authority conferred upon them by law with reference to zoning property in said county;.....and for other purposes be amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 as follows: Section 9. After the adoption of said comprehensive plan or zoning resolution herein provided for, the same may be modified, amended, and designated areas therein changed, and the rules governing the erection and construction of buildings modified and changed in the following manner: All proposals to amend or modify any portion of the comprehensive plan or zoning resolution, whether proposed by the authorities in charge of county affairs, by the planning commission, by a property owner, or otherwise, shall be filed with the planning commission which shall proceed to hold a public hearing thereon after notice to interested parties, in accordance with the rules and regulations adopted by the authorities in charge of county affairs as a part of the zoning resolution. The commission shall make a written report to the authorities in charge of county affairs within 30 days after such hearing, which report shall contain the the recommendations of the commission as to whether or not the proposal to amend or modify the comprehensive plan or zoning resolution should be adopted. At the first regular meeting of the county commission after such report is received, the commissioners of roads and revenues or other governing authorities of such counties shall hold public hearing on said proposed change. Notice thereof shall be published once a week for at least three (3) weeks in the newspaper in which sheriff's advertisements are published prior to the holding of the same, such notice to state the nature of the proposed change and the date, hour and place of the meeting, which notice, however, may be published during the period when the planning commission has said matter under consideration, and before a recommendation has been made thereon. On the day and hour appointed for the public hearing the county authorities shall proceed to a hearing on the proposed change, provided they shall have the right to continue the hearing from day to day, or to a
Page 3771
named day, or may withhold final action thereon pending further consideration and investigation on their part, Provided, the county commission shall take no action until it has received the recommendation of the planning commission. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1968. DOUGHERTY COUNTYCOMPENSATION OF ORDINARY. No. 1264 (House Bill No. 1654). An Act to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, so as to change the compensation of the ordinary of Dougherty County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the clerk of the superior court, and the ordinary of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, is hereby amended by striking from section 2 the following: The salary of the ordinary of Dougherty County shall be seven thousand five hundred dollars ($7,500.00) per annum, and substituting in lieu thereof the following: The salary of the ordinary of Dougherty County shall be seven thousand five hundred dollars ($7,500.00) per
Page 3772
annum, and such sum, not to exceed seventy-five dollars ($75.00) per month, as the commissioners of roads and revenues of Dougherty County desire to supplement said salary., so that when so amended section 2 shall read as follows: Section 2. The salary of the sheriff of Dougherty County shall be twelve thousand dollars ($12,000.00) per annum. The salary of the ordinary of Dougherty County shall be seven thousand five hundred dollars ($7,500.00) per annum, and such sum, not to exceed seventy-five dollars ($75.00) per month, as the commissioners of roads and revenues of Dougherty County desire to supplement said salary. The salary of the clerk of the superior court of Dougherty County, where such clerk of the superior court likewise serves as clerk of the City Court of Albany, shall be twelve thousand dollars ($12,000.00) per annum. Each of said officials shall be paid monthly from the general funds in the county treasury. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor, or it otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1968 Session of the General Assembly of Georgia a Bill to amend an act providing for the compensation of the sheriff and clerk of the superior court and the ordinary of Dougherty County, approved March 7, 1955 (Ga. L. 1955, p. 2874), so as to authorize the commissioners of roads and revenues of Dougherty County, Georgia to supplement the salary of the ordinary of Dougherty County, Georgia. This 9th day of February, 1968. Jesse W. Walters Dougherty County Attorney
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee who, on oath, deposes and says that he is Representative from the 79th District, 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 Dougherty County, on the following dates: February 10, 17 and 21, 1968. /s/ George D. Busbee Representative, 79th District Sworn to and subscribed before me, this 4th day of March, 1968. /s/ George H. Carley Notary Public. Approved April 12, 1968. ALL-STATE BONDING COMPANY RELIEVED A SURETY ON FOUR BONDS. No. 288 (Senate Resolution No. 76). A Resolution. To relieve All-State Bonding Company as surety on four appearance bonds and to concel four Fi Fas issued against All-State Bonding Company; and for other purposes. Whereas, All-State Bonding Company, as surety, and Charlie Grady, as principal, were parties to an appearance bond, conditioned upon the appearance of the principal to appear in the State Court of Bibb County to answer to certain criminal charges lodged against said principal in said Court, and through error Fi Fa No. 8002 was issued against All-State Bonding Company when, in fact, Charlie Grady was surrendered by All-State Bonding Company to
Page 3774
the court, but through error such Fi Fa was never cancelled; and Whereas, All-State Bonding Company, as surety, and Charlie Hill as principal were parties to an appearance bond conditioned upon the appearance of the principal to appear in the State Court of Bibb County to answer certain charges lodged against principal, and said Charlie Hill died while out on bond, and Fi Fa No. 7731 and Fi Fa No. 7332 were issued against All-State Bonding Company when the appearance bond for Charlie Hill was forfeited, when said Charlie Hill failed to appear and answer such charges; and Whereas, All-State Bonding Company, as surety, and Horace Hill as principal were parties to an appearance bond conditioned upon the appearance of the principal to appear in the State Court of Bibb County to answer certain charges lodged against said principal, and said principal, and said Horace Hill died while out on bond, and Fi Fa No. 8139 was issued against All-State Bonding Company when the appearance bond for Horace Hill was forfeited, when said Horace Hill failed to appear and answer such charges; and Whereas, All-State Bonding Company, as surety, and Buford Hamilton as principal were parties to an appearance bond conditioned upon the appearance of the principal to appear in the State Court of Bibb County to answer certain charges lodged against said principal, and said Buford Hamilton died while out on bond, and Fi Fa No. 7975 was issued against All-State Bonding Company when the appearance bond for Buford Hamilton was forfeited, when said Buford Hamilton failed to appear and answer such charges; and Whereas, the above forfeitures are outstanding because of reasons beyond the control of All-State Bonding Company, and it is only just and proper that All-State Bonding Company be relieved of the payment of the bond forfeitures and Fi Fas issued pursuant thereon.
Page 3775
Now, therefore, be it resolved by the General Assembly of Georgia that the clerk of the Superior Court of Bibb County and the clerk of the State Court of Bibb County are hereby authorized and directed to mark the judgments against All-State Bonding Company in said cases satisfied and the Fi Fas issued thereon are hereby cancelled as a matter of law. Approved April 12, 1968.
Page 3777
CHARTER AMENDMENTS Adopted Pursuant to THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED
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CITY OF ATLANTAEMPLOYEES' INSURANCE. An Ordinance to amend Sec. 3.1.53 of volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended (Ga. L. 1949, p. 256; Ga. L. 1952, p. 2712; Ga. L. 1963, p. 2447), to provide for an additional group life insurance plan of $2,500 on the lives of officers or employees in the City of Atlanta; to amend Sec. 3.1.54 of volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended (Ga. L. 1951, p. 3062; Ga. L. 1957, p. 3045), so as to provide for an additional group life insurance plan of a maximum amount, as may from time to time be determined by the mayor and board of aldermen on the lives of officers and employees of the City of Atlanta; to amend sec. 3.1.56 of volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended (Ga. L. 1935, p. 881), so as to provide that the appropriation to be made shall be increased to cover the increased coverages of group life insurance as provided in sec. 3.1.53 and 3.1.54, as amended by this ordinance; and to amend title 3, chapter I, article III, insurance, by adding a new section thereto to be appropriately numbered sec. 3.1.58, which new section shall provide for personal accident insurance coverage for certain officers or employees of the City of Atlanta; and for other purposes. Be and it is hereby enacted by the mayor and board of aldermen of the City of Atlanta, as follows: Section 1. That sec. 3.1.53 of volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended (Ga. L. 1949, p. 256; Ga. L. 1952, p. 2712; Ga. L. 1963, p. 2447), be and the same is hereby further amended by repealing said section in its entirety and substituting in lieu therefor a new sec. 3.1.53, of volume I of the charter, related laws and code of ordinances of the City of Atlanta, which shall read as follows: All employees of the city, including heads of departments, their assistants and employees of the several departments,
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except policemen and firemen, who were employed by the city on May 31, 1967, and who receive a salary or wage of at least $100 per month, shall have insurance on their lives of a minimum amount of $1,000 each; provided, that the payment by said employees shall not exceed 70 per month, and whatever sum is necessary over and above 70 per month to pay said group insurance will be paid by the city on its employees, except those employed by the board of education, whose part shall be paid by the board of education from annual appropriations made by said board. Elected officials, who have qualified on May 31, 1967, shall be insured under the group plan providing insurance on their lives in a minimum amount of $1,000. All employees of the city, including heads of departments, their assistants and employees of the several departments, except policemen and firemen, and who are employed by the city on or subsequent to June 1, 1967, and who receives a salary or wage of at least $100 per month, shall have insurance on their lives in a minimum amount of $2,500 each; provided, that the payment by said employee shall not exceed 70 per thousand per month, and whatever sum is necessary over and above 70 per thousand per month to pay said group insurance will be paid by the city on its employees, except those employed by the board of education, whose part shall be paid by the board of education from annual appropriations made by said board. All employees of the city, including heads of departments, their assistants and employees of the several departments, except policemen and firemen, who were employed by the city on May 31, 1967, and who receive a salary or wage of at least $100 per month, may voluntarily elect to come under the group insurance plan provided in this paragraph, upon the terms and conditions as set forth in this paragraph; provided, however, such persons so electing shall not be permitted thereafter to continue in the group life insurance plan providing a minimum amount of insurance of $1,000 each, as set forth in the first paragraph of this section. Elected officials, who are elected and qualify on or subsequent to June 1, 1967, shall be insured under the group plan providing insurance on their lives in a minimum amount of $2,500, and shall not be permitted to come under the
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group life insurance plan providing a minimum amount of insurance of $1,000. Section 2. That sec. 3.1.54 of volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended (Ga. L. 1951, p. 3562; Ga. L. 1957, p. 3045), be and the same is hereby further amended by repealing said section in its entirety and substituting in lieu therefor a new sec. 3.1.54, which shall read as follows: In addition to the group life insurance now provided for in the first paragraph of sec. 3.1.53, the mayor and board of aldermen are authorized to contract for additional group life insurance sufficient to provide a maximum of $10,000 on the life of each officer or employee of the City of Atlanta who was employed by the city as of May 31, 1967, in such groups and in such classifications as it deems proper, provided that the payment by the officer or employee shall not exceed 70 per thousand per month. The balance of the cost required to pay for such group insurance shall be paid by the City of Atlanta except as to those employed by the board of education which shall be paid by the board of education, from annual appropriations made by said board. No officer or employee shall be compelled to take such additional insurance but if he voluntarily elects to do so the city comptroller shall be authorized to deduct the contributions of such officer or employee from the salary or wages of the officer or employee so insured if he is an employee of the city and the board of education is authorized to deduct the contributions of its employees. Provided, however, that subsequent to May 31, 1967, no officer or employee of the city shall be allowed to come under the above group life insurance plan, providing only a maximum of $10,000 on the life of each officer or employee. In addition to the group life insurance provided for in the second paragraph of sec. 3.1.53, and the first paragraph of this section, the mayor and board of aldermen, with respect to those officers or employees who are employed by the city on or subsequent to June 1, 1967, are authorized to contract for additional group life insurance in such amounts as they may from time to time determine on the
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life of each officer or employee of the City of Atlanta in such groups and in such classifications as it deems proper, provided that the payment by the officer or employee shall not exceed 70 per thousand per month. The balance of the cost required to pay for such group insurance shall be paid by the City of Atlanta except as to those employed by the board of education which shall be paid by the board of education from annual appropriations made by said board. No officer or employee shall be compelled to take such additional insurance but if he voluntarily elects to do so the city comptroller shall be authorized to deduct the contributions of such officer or employee from the salary or wages of the officer or employee so insured if he is an employee of the city and the board of education is authorized to deduct the contributions of its employees. Any officer or employee, employed as of May 31, 1967, may voluntarily elect to come under the group life insurance plan, as provided for in this paragraph and contributions shall be deducted as set forth above; provided, however, that such officer or employee making such election shall not be permitted thereafter to continue in the group life insurance plan providing a maximum of $10,000 upon the life of each officer or employee, as set forth in the first paragraph of this section. Section 3. That sec. 3.1.56 of volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended (Ga. L. 1935, p. 881), be and the same is hereby further amended by repealing said section in its entirety and substituting in lieu therefor a new sec. 3.1.56, which shall read as follows: The mayor and board of aldermen are hereby required to make an appropriation annually to the board of trustees sufficient to cover the difference in the amount paid by the employee and the amount due the insurance company, in order to insure the life of each employee in the sums provided for in sec. 3.1.53, and the amounts as may from time to time be determined under sec. 3.1.54 above. The funds collected by the said board, both from the employees and from the city, shall be kept separately from other city funds and in the name of said board. Such funds shall be
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paid out only on vouchers drawn by the president of the board and countersigned by the secretary. Section 4. That title 3, chapter 1, article III, Insurance, be and the same is hereby amended by adding thereto a new section to be appropriately numbered sec. 3.1.58, which shall read as follows: The mayor and board of aldermen of the City of Atlanta, with respect to those officers or employees, who are required, or who elect, to come under the group life insurance plans as set forth in the second paragraphs of sec. 3.1.53 and sec. 3.1.54, are authorized to contract for group personal accident insurance in like amounts, as provided for in the respective life insurance plans, for the benefit of said officers or employees, or in such groups or classifications as the mayor and board of aldermen may deem proper. The payment of 70 per thousand per month, by the officers or employees, as provided for in the second paragraphs of sec. 3.1.53 and sec. 3.1.54, shall include both group life insurance and group personal accident insurance. The balance of the cost required to pay such group personal accident insurance shall be paid by the City of Atlanta except as to those employed by the board of education, which shall be paid by the board of education from annual appropriations made by said board. Section 5. That a copy of this proposed amendment to the charter of the City of Atlanta shall be filed in the office of the clerk of the mayor and board of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 6. That all laws and parts of laws in conflict herewith are hereby repealed.
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Adopted by Board of Aldermen March 6, 1967. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend sec. 3.1.53 of volume I of the charter, related laws and code of ordinances of the city of Atlanta, as amended (Ga. L. 1949, p. 256; Ga. L. 1952, p. 2712; Ga. L. 1963, p. 2447), to provide for an additional group life insurance plan of $2,500 on the lives of officers or employees of the City of Atlanta; to amend sec. 3.1.54 of volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended (Ga. L. 1951, p. 3062; Ga. L. 1957, p. 3045), so as to provide for additional group life insurance on the lives of officers and employees of the City of Atlanta; to amend sec. 3.1.56 of volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended (Ga. L. 1935, p. 881), so as to provide that the appropriation to be made shall be increased to cover the increased coverages of group life insurance as provided in sec. 3.1.53 and 3.1.54, as amended by this ordinance; and to amend title 3, chapter 1, article III, Insurance, by adding a new section thereto to be appropriately numbered sec. 3.1.58, which new section shall provide for personal accident insurance coverage for certain officers or employees of the City of Atlanta; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 7th day of February, 1967. J. J. Little, City Clerk City of Atlanta
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Publishers Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia and that the attached advertisement was published by said newspaper on February 9, 1967, February 16, 1967 and February 23, 1967. /s/ H. W. Martin Filed in Office of Secretary of State March 13, 1967. Approved March 8, 1967. CITY OF ATLANTADEPARTMENT OF CITY CLERK. An Ordinance to amend volume I of the charter and related laws of the City of Atlanta so as to establish the department of city clerk by combining the departments of clerk of the board of aldermen, building superintendent and municipal revenue collector; to provide for the powers, functions and duties of the office of city clerk; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 2.6.1. of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which reads as follows: There shall be elected as provided in section 3.1.1. of the charter and related laws by the mayor and board of aldermen every four years at the first regular meeting in June, a clerk of the board of aldermen whose term of office shall begin on the first Monday in January following, and who shall be elected to serve for a term of four years, unless removed for cause to be adjudged by the mayor and board of aldermen.
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in its entirety and substituting therefor a new section 2.6.1 which shall read as follows: The position and office of city clerk is hereby created. This office shall have all the power and authority formerly given to the office and department of clerk of the board of aldermen, building superintendent and municipal revenue collector, and all work or authority formerly vested in these offices and departments shall be vested and exercised by the city clerk. The city clerk shall have the authority to appoint his assistants, but the mayor and board of aldermen have authority to decide how many assistants he shall have and the salaries of such assistants. The city clerk shall assign all officers and employees of the departments of city clerk to their respective duties and to make such changes from time to time as he may deem proper and to the best interests of said department and the city. The city clerk shall be the appointing authority for the department of city clerk and he shall, subject to civil service regulations, exercise all powers as such in connection with the employment, suspension and discharge of all officers and employees of the department. The city clerk shall be elected as provided by section 3.1.1. of the charter and related laws by the mayor and board of aldermen every four years at the first regular meeting in June whose term of office shall begin the first Monday in January following and who shall be elected for a term of four years, unless removed for cause to be adjudged by the mayor and board of aldermen. Section 2. That section 2.6.2 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words, the clerk of the board of aldermen, in the first line of said section and inserting in lieu thereof the following words, the city clerk.
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Section 3. That section 2.6.3 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words, the clerk of the board of aldermen, in the first line of said section and inserting in lieu thereof the words, the city clerk. Section 4. That section 2.6.4 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section which reads as follows: The deputy clerks of the board of aldermen, whether one or more, are appointed upon the authority of the mayor and board of aldermen, shall have all the authority of the clerk of the board of aldermen, and are authorized to sign executions, licenses and all other documents, to which the signature of the clerk of the board of aldermen is necessary, using their own names, but adding thereto the words, deputy clerk of the board of aldermen. The signatures of the deputy clerks of the board of aldermen when so signed, shall be recognized and given all the force and effect of the signature of the clerk of the board of aldermen. in its entirety and substituting thereof a new section 2.6.4 which shall read as follows: The deputy city clerks, whether one or more, who are appointed upon the authority of the mayor and board of aldermen, shall have all the authority of the city clerk, and are authorized to sign executions, licenses and all other documents, to which the signature of the city clerk is necessary, using their own names, but adding thereto the words, deputy city clerk. The signatures of the deputy city clerks, when so signed, shall be recognized and given all the force and effect of the signature of the city clerk. Section 5. That section 3.4.1. of volume I of the charter and related laws of the City of Atlanta, as amended, which reads as follows: The municipal revenue collector shall be the chief executive officer of the department of municipal revenue collector. He shall have full power and authority over the
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management and conduct thereof and shall be charged with full and complete responsibility for its successful and efficient operation. He shall faithfully execute all of the laws of the State of Georgia and the ordinances of the city. He shall have power and authority to give such orders to the officers and employees of his department as he may term proper; and it shall be their duty to render to him and his orders implicit obedience. He shall have full and complete power and authority to assign any officer or employee in his department to the performance of any duty and such officer or employee shall be accountable to the municipal revenue collector alone for his efficient and satisfactory conduct of his duties. is hereby repealed. Section 6. That section 3.4.2. of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which reads as follows: The municipal revenue collector shall be the tax collector and shall perform, in addition to his other duties, the duties now performed by the tax collector. The tax collector in office on the effective date of this Act shall become deputy municipal revenue collector and as such, shall be under and protected by the civil service provisions of the charter. in its entirety and substituting therefor a new section 3.4.2. which shall read as follows: The city clerk shall be the revenue and tax collector and shall perform, in addition to his other duties, the duties now performed by the municipal revenue collector. Section 7. That section 3.4.3. of volume I of the charter and related laws of the City of Atlanta, as amended, be further amended by striking said section, which reads as follows:
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The municipal revenue collector shall become ex officio treasurer of the City of Atlanta and shall assume all the duties relevant to that position except service on the pension boards. in its entirety and substituting thereof a new section 3.4.3. which shall read as follows: The city clerk shall become ex officio treasurer of the City of Atlanta and shall assume all the duties revelant to that position except service on the pension boards. Section 8. That section 3.4.4. of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words, the municipal revenue collector, in the first line of said section and substituting therefor the words, the city clerk. Section 9. That section 3.4.5 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words, to authorize the municipal revenue collector, in the second and third lines of said section and substituting therefor the words, to authorize the city clerk. Section 10. That section 3.4.6 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section which reads as follows: The municipal revenue collector shall have the power and authority to designate any officer or employee in his department as a deputy municipal revenue collector or a deputy marshal, and when so designated, such officer or employee shall take the oath of office required to be taken by the municipal revenue collector as such or as an ex officio marshal. The municipal revenue collector may designate any officer or employee in his department as his chief deputy, who shall exercise the powers herein conferred at the pleasure of the municipal revenue collector. The said chief deputy shall exercise all the powers of the municipal revenue collector or ex officio marshal in his absence or
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disability, and who shall be under such circumstances the head of the department, and shall have as such, all the powers and all the authority of the municipal revenue collector and ex officio marshal. in its entirety and substituting thereof a new section 3.4.6 which shall read as follows: The city clerk shall have the power and authority to designate any officer or employee in his department as a deputy municipal revenue collector or a deputy marshal, and when so designated, such officer or employee shall take the oath of office required to be taken by the city clerk as such or as an ex officio marshal. Section 11. That section 3.4.7 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which reads as follows: There is hereby created in the department of municipal revenue collector the position of chief deputy municipal revenue collector who shall be chief deputy, ex officio marshal and chief deputy treasurer of the City of Atlanta. He shall have and exercise all the powers of the municipal revenue collector or the ex officio marshal or the treasurer of the City of Atlanta in the absence of, or in case of the disability of, the municipal revenue collector in his several capacities, and as such, during the absence or disability of the municipal revenue collector, shall be the head of the department and shall have and exercise as such all the powers, duties and authority of the municipal revenue collector. His compensation shall be the same as the present incumbent of the office of assistant municipal revenue collector who is now acting as chief deputy. in its entirety and substituting therefor a new section 3.4.7 which shall read as follows: There is hereby created in the department of city clerk the position of chief deputy city clerk who shall be chief deputy, ex officio marshal and chief deputy treasurer of the
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City of Atlanta. The city clerk may designate any officer or employee in his department as his chief deputy, who shall exercise the powers herein conferred at the pleasure of the city clerk. He shall have and exercise all the powers of the city clerk or the ex officio marshal or the treasurer of the City of Atlanta in the absence, or in case of the disability of, the city clerk in his several capacities and as such, during the absence or disability of the city clerk, shall be the head of the department and shall have and exercise as such all the powers, duties, and authority of the city clerk. The said chief deputy shall be subject to all the applicable civil service laws of the city. Section 12. That section 3.4.8 of volume I of the charter and related laws of the City of Atlanta, as amended, which reads: The said chief deputy shall be subject to all the applicable civil service laws of the city but the present incumbent of the office of assistant municipal revenue collector who is now acting chief deputy shall be the chief deputy until the termination of his employment as such. is hereby repealed. Section 13. That section 3.4.9 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which reads as follows: The successor to the chief deputy municipal revenue collector and ex officio marshal shall be appointed by the municipal revenue collector upon proper certification by the personnel director from applicable civil service list. in its entirety and substituting therefor a new section 3.4.9 which shall read as follows: The successor to the chief deputy city clerk and ex officio marshal shall be appointed by the city clerk upon proper certification by the personnel director from applicable civil service list.
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Section 14. That section 3.4.10 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words, chief deputy municipal revenue collector, and substituting therefor the words, chief deputy clerk. Section 15. That title 2, chapter 6, of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby amended by adding thereto a new section to be known as section 2.6.5 which shall read as follows: The office and department of building superintendent and municipal revenue collector shall be abolished and its scope of responsibility merged with the office and department of city clerk through the following procedure: (a) When the present holder of the office of building superintendent resigns, retires or dies or is removed for cause, said office shall not be filled by the mayor and board of aldermen and any vacancy in said position shall thereupon terminate the office. (b) When the present holder of the office of municipal revenue collector resigns, retires or dies or is removed for cause, said office shall not be filled by the mayor and board of aldermen and any vacancy in said position shall thereupon terminate the office. Nothing herein shall be so construed or applied as to deprive any present department head of his office or his eligibility to be re-elected at the expiration of his present term or any subsequent term to which he is elected, provided he is otherwise eligible under existing laws, it being the intention of this legislation to abolish such offices only as a vacancy is created by reason of retirement, death, resignation or removal for cause to be adjudged by the mayor and board of aldermen. Nothing herein shall be construed or applied as to deprive any present department head of any right, privilege or entitlement or emeritus status due him under the law.
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Section 16. That chapter 6 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by adding thereto a new section to be known as section 2.6.6 which shall read as follows: Whenever the words, `clerk of board of aldermen', are used in the charter and related laws and the code of ordinances of this city the same shall be construed to mean `city clerk'. Upon the effective dates of the termination of the offices and departments of building superintendent and municipal revenue collector wherever the words, `building superintendent' or `municipal revenue collector' are used in the charter and related laws and code of ordinances of this city the same shall be construed to mean `city clerk'. Section 17. That a copy of this proposed amendment to the charter and related laws of the City of Atlanta shall be filed in the office of the clerk of the mayor and board of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to the Charter and Related Laws of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 18. All laws or parts of laws in conflict herewith are hereby repealed. Adopted by Board of Aldermen May 1, 1967. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 2.6.1, section 2.6.2, section 2.6.3, section 2.6.4, section 3.4.1, section 3.4.2, section 3.4.3, section
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3.4.4, section 3.4.5, section 3.4.6, section 3.4.7, section 3.4.8, section 3.4.9, section 3.4.10, title 2, chapter 6 of volume I of the charter and related laws of the City of Atlanta of 1965, as amended, to provide for the establishment of city clerk by combining the departments of clerks of the board of aldermen, building superintendent and municipal revenue collector; to provide for the powers, functions and duties of the office of city clerk; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the superior court of Fulton County, Georgia, for the purpose of examination and inspection by the public. This 4th day of April, 1967. J. J. Little, City Clerk City of Atlanta Publishers Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia, and that the attached advertisement was published by said newspaper on April 6, 1967, April 13, 1967, and April 20, 1967. /s/ H. W. Martin Assistant Credit Manager Filed in Office of Secretary of State March 5, 1967. Approved May 2, 1967. CITY OF ATLANTADEPARTMENT OF PUBLIC WORKS. An Ordinance to amend volume I of the charter and related laws of the City of Atlanta; to establish the department of public works by combining the departments of chief of construction, sanitary engineer and superintendent of garages; to provide for the functions, powers and duties
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of the office of director of public works; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 3.6.1 of volume 1 of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which reads as follows: The position of chief of construction is hereby created. This office shall have all the power and authority formerly given the offices of city engineer and commissioner of public works, and all such work as paving, sewers, curbing, sidewalks, repairing of same, engineering work, grades and any and all work or authority formerly vested in either of those offices shall be vested and exercised by the chief of construction. No one shall be eligible therefor unless he be a competent Civil Engineer of ten years' practical experience and is registered by the The Georgia State Board of Engineers Examiners. Said chief of construction shall have authority to appoint his assistants, but the mayor and board of aldermen have authority to decide how many assistants he shall have and the salaries of such assistants, but at least the following assistants are hereby created for said chief of construction, to wit; one in charge of sewers, one in charge of streets, one in charge of sidewalks, one in charge of repairs, one in charge of stockade. The salary of the Chief of Construction is as provided in section 3.1.18 of the Charter and Related Laws, payable in monthly or semi-monthly installments. in its entirety and substituting therefor a new section 3.6.1 which shall read as follows: The position of director of public works is hereby created. This office shall have all the power and authority formerly given to the offices and departments of chief of construction, sanitary engineer and superintendent of garages and all work or authority formerly vested in these
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offices and departments shall be vested and exercised by the director of public works. No one shall be eligible therefor unless he be a competent civil engineer of ten years' practical experience. Said director of public works shall have the authority to create divisions within the department and to appoint his assistants, but the mayor and board of aldermen have authority to decide how many assistants he shall have and the salaries of such assistants, but at least the following assistants are hereby created for said director of public works, to wit: one in charge of water pollution control, one in charge of streets, one in charge of sidewalks, one in charge of maintenance, one in charge of bridges, one in charge of municipal garages (motor transport), one in charge of sanitation. The salary of the director of public works is as provided in section 3.1.18 of the charter and related laws, payable in monthly or semi-monthly installments. The director of public works shall assign all officers and employees of the department of public works to their respective duties and make such changes from time to time as he may deem proper and to the best interests of said department and the city. The director of public works shall be the appointing authority for the department of public works and he shall, subject to civil service regulations, exercise all powers as such in connection with the employment, suspension and discharge of all officers and employees of the department. Section 2. That section 3.6.2 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which reads as follows: The chief of construction shall be elected as provided by section 3.1.1 of the charter and related laws for a term of four years, unless removed for cause, to be judged of
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by the mayor and board of aldermen. He shall take an oath before said mayor that during his continuance in office, he will make all appointments and discharges of employees, and will make all selections or purchases of material, conduct and execute all contracts and dealings in behalf of the city and will in these, as in all other respects, faithfully and impartially discharge the duties of said office with an eye single to the duty and the good of the public service, without fear, favor, affection, reward or the hope thereof, and without being in any manner influenced by his own interest or personal favor or interests of any other individual, whether member of board of aldermen or not, and that he will faithfully execute all orders of the city government as officially expressed by the lawful ordinances or orders of the mayor and board of aldermen. The term of the present chief of construction is extended to June 30, 1945, and his successor shall be elected on the first Monday in May, 1945. in its entirety and substituting therefor a new section 3.6.2 which shall read as follows: The director of public works shall be elected as provided by section 3.1.1 of the charter and related laws for a term of four years, unless removed for cause, to be adjudged by the mayor and board of aldermen. He shall take an oath before said mayor that during his continuance in office, he will discharge the duties of said office to the good of the public service, without fear, favor, affection, reward or the hope thereof, and without being in any manner influenced by his own interests or personal favor or interests of any other individual, whether member of board of aldermen or not, and that he will faithfully execute all orders of the city government as officially expressed by the lawful ordinances or orders of the mayor and board of aldermen. Section 3. That section 3.6.3 of volume 1 of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section which reads as follows:
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The said chief of construction, before entering upon the duties of his office, shall file with the clerk of the board of aldermen a statement in writing, showing all the real estate in the City of Atlanta and County of Fulton owned by him, or in which he is in any manner interested, whether as proprietor, partner, co-partner or otherwise, with location and description thereof, and if, during his continuance in office, he becomes owner, or interested as aforesaid in any such property, he shall within five days, supplement said statement by like entry and description thereof, and a failure to comply with the requirements of this section shall be good cause for his removal from office. in its entirety and substituting therefor a new section 3.6.3 which shall read as follows: The said director of public works, before entering upon the duties of his office, shall file with the city clerk a statement in writing, showing all the real estate in the City of Atlanta and County of Fulton owned by him, or in which he is in any manner interested, either as proprietor, partner, co-partner or otherwise, with location and description thereof, and if, during his continuance in office, he becomes owner or interested as aforesaid in any such property, he shall within five days, supplement said statement by like entry and description thereof, and a failure to comply with the requirements of this section shall be good cause for his removal from office. Section 4. That section 3.6.4 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which reads as follows: The mayor and board of aldermen of the City of Atlanta shall, by ordinance from time to time define the powers and duties of said chief of construction. It shall be in the power of the mayor and board of aldermen to consolidate the duties of any other office or offices in any department of the city government, other than charter offices, with those of the said chief of construction and to discontinue or abolish such position thus rendered unnecessary.
Page 3798
in its entirety and substituting therefor a new section 3.6.4 which shall read as follows: The mayor and board of aldermen of the City of Atlanta shall, by ordinance from time to time, define the powers and duties of said director of public works. It shall be in the power of the mayor and board of aldermen by ordinance, to consolidate the duties of any other office or offices in any department of the city government, other than charter offices, with those of the said director of public works and to discontinue or abolish such positions thus rendered unnecessary. Section 5. That section 3.6.5 of volume I of the charter and related laws of the City of Atlanta, as amended, which reads as follows: The mayor and board of aldermen are authorized in their discretion to abolish the offices of superintendent of electrical affairs and building inspector and create a division of permits and inspection under the chief of construction, and upon such creation, the said division of permits and inspection shall exercise the functions and duties now exercised by the superintendent of electrical affairs and the building inspector and also the duties now exercised by the assistant chief of construction in charge of plumbing and such other duties as to issuance of licenses, permits making of inspections as may be imposed upon said division by the mayor and board of aldermen. Upon the creation of such division, the mayor and board of aldermen shall fix the qualifications and salaries of the persons who shall be in charge of such division and assistants therein. is hereby repealed. Section 6. That section 3.6.6 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words, chief of construction in the fifth line of said section and inserting in lieu thereof director of public works.
Page 3799
Section 7. That section 3.6.7 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words chief of construction in the third line of said section and inserting in lieu thereof the words, director of public works and by striking the words, into two or more departments in the eleventh and twelfth lines of said section and inserting in lieu thereof the words, into two or more divisions and by striking the words, two or more sections in the last line of said section and inserting in lieu thereof the words, two or more divisions. Section 8. That volume I, chapter 6, of the charter and related laws of the City of Atlanta be amended by striking a new section to be known as section 3.6.8: The director of public works shall not have any power or authority to exercise any function or perform any duties relating to public health or sanitation in any area under his jurisdiction that are similar in character to activities or services being carried out or rendered in the same area by the board of health or other similar agency of Fulton or DeKalb Counties. Any obligations incurred at any time by the City of Atlanta, or the governing authorities thereof, in respect to street cleaning, refuse and garbage collection and disposal, and others of a similar nature in the incorporated portion of Fulton County shall be the responsibility of the director of public works. The mayor and board of aldermen may delegate to the director of public works such other duties and responsibilities as are appropriate to the enforcement of laws, ordinances and regulations pertaining to sanitation within the jurisdiction of said city. Section 9. That title 3, chapter 6, volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by adding thereto a new section to be known as section 3.6.8 which shall read as follows: The mayor and board of aldermen, at the time the annual appropriations are made each year, shall set apart and appropriate such amounts as the probable income of
Page 3800
the city will authorize for sanitary purposes, the same to be expended by the committee exercising its authority, for such purposes. The above said section shall be in lieu of section 7.1.65 of the charter and related laws of the City of Atlanta which said section is hereby stricken in its entirety. Section 10. That title 3, chapter 6, volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by adding thereto a new section to be known as section 3.6.9 which shall read as follows: It shall be the duty of the director of public works to keep under his control and custody and to maintain all of the automotive equipment of the city. The director of public works shall render an account each month to the head of each department of the city which has one or more automobiles or auto trucks and service, furnished by the city, which account shall show in detail the repairs done, the cost of new parts, and the amount of gasoline furnished each machine in order that the head of such department may be better informed of the cost of each machine in his department and whereby he may more fully cooperate with such director of public works in keeping down the expenses of the machines. Section 11. That section 7.2.46 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words under the direction of, the chief of construction. and substituting in lieu thereof the words under the direction of, the director of public works. Section 12. That section 7.5.3 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words therein shall be done under the direction and supervision of the chief of construction and substituting in lieu thereof the following words shall be done under the direction and supervision of the director of public works.
Page 3801
Section 13. That section 7.1.61 of volume I of the charter and related laws of the City of Atlanta, as amended, which reads as follows: The mayor and board of aldermen are given power and authority to organize the department of sanitary engineering in whatever way and to create such positions therein as they deem appropriate and necessary for the efficient operation of said department. is hereby repealed. Section 14. That section 7.1.62 of volume I of the charter and related laws of the City of Atlanta, as amended, which reads as follows: The position of sanitary engineer is hereby created. The first incumbent of this office shall be nominated by the mayor and elected on the first Monday in November, 1951, by the mayor and board of aldermen for a term beginning on January 1, 1952, and ending June 30, 1953. Successors shall be nominated by the mayor and elected quadrennially by the mayor and board of aldermen of the first Monday in May, beginning in the year 1953, for terms of four years which shall begin on the first day of July next following their election. He shall continue to hold office until his successor shall be duly elected and qualified. The sanitary engineer shall receive a salary to be fixed by the mayor and board of aldermen. Before entering upon the duties of his office, he shall take an oath before the mayor that he will faithfully discharge the same. is hereby repealed. Section 15. That section 7.1.63 of volume I of the charter and related laws of the City of Atlanta, as amended, which reads as follows: The sanitary engineer shall have all the powers and duties heretofore given to the chief of the sanitary department. He shall not, however, have any power or authority to exercise any functions or perform any duties relating
Page 3802
to public health or sanitation in any area under his jurisdiction that are similar in character to activities or services then being carried out or rendered in the same area by the board of health or other similar agency of Fulton or DeKalb County. Any obligations incurred at any time by the City of Atlanta, or the governing authorities thereof, in respect to street cleaning, refuse and garbage collection and disposal, and others of a similar nature, in the unincorporated portion of Fulton County shall be the responsibility of the sanitary engineer. The mayor and board of aldermen may delegate to the sanitary engineer such other duties and responsibilities as are appropriate to the enforcement of laws, ordinances and regulations pertaining to sanitation within the jurisdiction of said city under the charter. is hereby repealed. Section 16. That section 7.1.64 of volume I of the charter and related laws of the City of Atlanta, as amended, which reads as follows: It shall be the duty of the sanitary engineer to assign all officers and employees of the department of sanitary engineering to their respective duties and to make such changes from time to time as he may deem proper and to the best interests of said department and the city. The sanitary engineer shall be the appointing authority for the department of sanitary engineering and he shall, subject to civil service regulations, exercise all powers as such in connection with the employment, suspension and discharge of all officers and employees of that department. is hereby repealed. Section 17. Upon the effective date of this ordinance, whenever the office or department of sanitary engineer or superintendent of garages shall be referred to or used in this charter and related laws and code of ordinances of the city, the same shall be construed to mean director of public works.
Page 3803
Section 18. Nothing herein shall be so construed or applied as to deprive any present department head of any rights, interests or entitlements due him under existing laws. Section 19. The effective date of this ordinance shall be July 1, 1967. Section 20. That a copy of this proposed amendment to the charter and related laws of the City of Atlanta shall be filed in the office of the clerk of the mayor and board of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to the Charter and Related Laws of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 21. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen May 1, 1967. April 4, 1967 Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 3.6.1, section 3.6.2, section 3.6.3, section 3.6.4, section 3.6.5, section 3.6.6, section 3.6.7, section 3.6.8, section 7.2.46, section 7.5.3, section 7.1.61, section 7.1.62, section 7.1.63, section 7.1.64, title 3, chapter 6 of volume I of the charter and related laws of the City of Atlanta of 1965, as amended, to provide for the establishment of the department of public works by combining the
Page 3804
departments of chief of construction, sanitary engineer and superintendent of garages; to provide for the functions, powers and duties of the office of director of public works; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. This 4th day of April 1967. J. J. Little, City Clerk, City of Atlanta. Publishers Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia, and that the attached advertisement was published by said newspaper on April 6, 1967, April 13, 1967, and April 20, 1967. H. W. Martin Assistant Credit Manager. Filed in Office of Secretary of State May 5, 1967. Approved May 2, 1967. CITY OF ATLANTACLASSIFIED SERVICE. An Ordinance to amend section 10.1.11 of volume I, of the charter and related laws of the City of Atlanta; to provide for methods of filling vacancies in the classified service; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 10.1.11 of volume I of the charter and related laws of the City of Atlanta, as amended,
Page 3805
is hereby further amended by striking said section, which reads as follows: 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. in its entirety and substituting therefor a new section 10.1.11 which shall read as follows: Methods of Filling Vacancies . The appointing authority may elect to fill any vacancy under his jurisdiction by any one of the following methods: 1. Promotion 2. Re-employment 3. Regular appointment 4. Transfer 5. Demotion He may elect to make temporary appointment only when the work is of a temporary duration of less than six months, or when the director indicates that no register of eligibles is available. Unless the appointing authority requests otherwise, the director shall certify first those persons who have qualified for the particular position through promotional examinations; second, qualified eligibles on re-employment
Page 3806
lists; third, qualified persons on eligible registers used for making regular appointments. Section 2. That a copy of this proposed amendment to the charter and related laws of the City of Atlanta shall be filed in the office of the clerk of the mayor and board of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to the Charter and Related Laws of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen May 15, 1967. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 10.1.11 of volume I of the charter and related laws of the City of Atlanta of 1965, as amended, (Ga. L. 1939, p. 841) to provide for methods of filling vacancies in the classified service; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. This 18th day of April, 1967. J. J. Little, City Clerk City of Atlanta
Page 3807
Exhibit A April 18, 1967 Publishers Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia, and that the attached advertisement was published by said newspaper on April 20, 1967, April 27, 1967 and May 4, 1967. David N. Evans Deponent's Signature Filed in Office of Secretary of State May 22, 1967. Approved May 17, 1967. CITY OF ATLANTAPROMOTIONS IN CLASSIFIED SERVICE. An Ordinance to amend section 10.1.24 of volume I of the charter and related laws of the City of Atlanta; to provide for the method of making promotions in the classified service; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 10.1.24 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which read as follows: Promotion of employees covered by this chapter 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.
Page 3808
in its entirety and substituting therefor a new section 10.1.24 which shall read as follows: Promotions of employees covered by this chapter 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. All promotions shall be for a probationary period of six (6) months. During the probationary period, the person so promoted may be demoted by the appointing authority to the position he formerly held, without a hearing. Any person so demoted shall be credited with any increments that he would have earned in the position formerly held by him had he not been promoted. Section 2. That a copy of this proposed amendment to the charter and related laws of the City of Atlanta shall be filed in the office of the clerk of the mayor and board of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to the Charter and Related Laws of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen May 15, 1967.
Page 3809
Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 10.1.24 of volume I of the charter and related laws of the City of Atlanta of 1965, as amended, (Ga. L. 1939, p. 841) to provide for the method of making promotions in the classified service; and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 10.1.24 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section, which reads as follows: Promotion of employees covered by this chapter 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. In its entirety and substituting therefor a new section 10.1.24 which shall read as follows: Promotions of employees covered by this chapter 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. All promotions shall be for a probationary period of six (6) months. During the probationary period, the person so promoted may be demoted by the appointing authority to the position he formerly held, without a hearing. Any person so demoted shall be credited with any increments that he would have earned in the position formerly held by him had he not been promoted. Section 2. That a copy of this proposed amendment to the charter and related laws of the City of Atlanta shall be filed in the office of the clerk of the mayor and board
Page 3810
of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to the Charter and Related Laws of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the superior court of Fulton County, Georgia, for the purpose of examination and inspection by the public. This 18th day of April, 1967. J. J. Little, City Clerk City of Atlanta Affidavit of Publication. State of Georgia, County of Fulton. Personally appeared before me, the undersigned David N. Evans who after being duly sworn states under oath he is collection manager of Atlanta Newspapers, Inc., proprietors of The Atlanta Constitution, and The Atlanta Journal, newspapers of general circulation published in Atlanta, Georgia, and who further states under advertisement attached hereto and made a part hereof appeared in The Atlanta Constitution April 20, 27 and May 4, 1967. David N. Evans Collection Manager
Page 3811
Sworn to and subscribed before me, this 11th day of May, 1967. /s/ Julian O. Nicholson. Filed in Office of Secretary of State May 22, 1967. Approved May 17, 1967. CITY OF ATLANTADIRECTOR OF PUBLIC WORKS. An Ordinance to amend volume I of the charter and related laws of the City of Atlanta so as to provide for the election of the director of public works; to amend the powers, functions and duties of the office of the director of public works; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta, as follows: Section 1. That section 3.6.1 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by inserting the words and ofice between the words position and of in the first line thereof so that said sentence will read: The position and office of director of public works is hereby created. Said section is further amended by striking the following words in the second and third lines of the second paragraph said section which read as follows: competent civil engineer of ten years' practical experience, and inserting in lieu thereof, the words, registered, professional engineer. Said section is further amended by striking paragraphs 3 and 4 thereof which read as follows: Said director of public works shall have the authority to create divisions within the department and to appoint his assistants, but the mayor and board of aldermen have authority to decide how many assistants he shall have and the salaries of such assistants, but at least the following assistants
Page 3812
are hereby created for said director of public works, to wit: one in charge of water pollution control, one in charge of streets, one in charge of sidewalks, one in charge of maintenance, one in charge of bridges, one in charge of municipal garages (motor transport), one in charge of sanitation. The salary of the director of public works is as provided in section 3.1.18 of the charter and related laws, payable in monthly or semi-monthly installments. in its entirety. Said section is further amended by adding the word promotion between the words employment and suspension in the fifth line of the last paragraph of said section so that when amended said paragraph shall read as follows: The director of public works shall be the appointing authority for the department of public works and he shall, subject to civil service regulations, exercise all powers as such in connection with the employment, promotion, suspension and discharge of all officers and employees of the department. Section 3.6.1., as amended, will read as follows: The position and office of director of public works is hereby created. This office shall have all the power and authority formerly given to the offices and departments of chief of construction, sanitary engineer and superintendent of garages and all work or authority formerly vested in these offices and departments shall be vested and exercised by the director of public works. No one shall be eligible therefor unless he be a registered, professional engineer. The director of public works shall assign all officers and employees of the department of public works to their respective duties and make such changes from time to time as he may deem proper and to the best interest of said department and the city.
Page 3813
The director of public works shall be the appointing authority for the department of public works and he shall, subject to civil service regulations, exercise all powers as such in connection with the employment, promotion, suspension and discharge of all officers and employees of the department. Section 2. That section 3.6.2 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by adding thereto the following words, However, the holder of the office of chief of construction shall be, and serve, as director of public works until June 30, 1969. The first election for the office of director of public works shall be at the first regular meeting of the board of aldermen in May, 1969. so that said section 3.6.2 when amended shall read as follows: The director of public works shall be elected as provided by section 3.1.1 of the charter and related laws for a term of four years, unless removed for cause, to be adjudged by the mayor and board of aldermen. He shall take an oath before said mayor that during his continuance in office, he will discharge the duties of said office to the good of the public service, without fear, favor, affection, reward or the hope thereof, and without being in any manner influenced by his own interest or personal favor or interests of any other individual, whether member of board of aldermen or not, and that he will faithfully execute all orders of the city government as officially expressed by the lawful ordinances or orders of the mayor and board of aldermen. However, the holder of the office of chief of construction shall be, and serve, as director of public works until June 30, 1969. The first election for the office of director of public works shall be at the first regular meeting of the board of aldermen in May, 1969. Section 3. That section 3.6.6 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words, section 3.6.6., and inserting in lieu thereof the words, section 3.6.5. Section 4. That section 3.6.7 of volume I of the charter and related laws of the City of Atlanta, as amended, is
Page 3814
hereby further amended by striking the words, section 3.6.7, and inserting in lieu thereof the words, section 3.6.6. Section 5. That the words section 3.6.8 in the third line of section 8, page 10, of the ordinance, amending the charter and related laws, adopted by the board of aldermen on May 1, 1967, and approved May 2, 1967, be amended so as to read section 3.6.7. Section 6. That section 3.6.8 of section 9, page 11, of the ordinance, amending the charter and related laws, adopted by the board of aldermen on May 1, 1967, and approved May 2, 1967, be amended by striking the same which read as follows: The mayor and board of aldermen, at the time the annual appropriations are made each year, shall set apart and appropriate such amounts as the probable income of the city will authorize for sanitary purposes, the same to be expended by the committee exercising its authority, for such purposes. in its entirety and the same is hereby repealed. Section 7. That the words section 3.6.9 in the fourth line of section 10, page 11, of the ordinance, amending the charter and related laws, adopted by the board of aldermen on May 1, 1967, and approved May 2, 1967, be amended so as to read, section 3.6.8. Section 8. That section 17 on page 16 of the ordinance, amending the charter and related laws, adopted by the board of aldermen May 1, 1967, and approved by the mayor May 2, 1967, is hereby amended by adding the words, or chief of construction, between the words of garages and shall be referred in the third line of said section, so that the same shall read as follows: Upon the effective date of this ordinance, whenever the office or department of sanitary engineer, superintendent of garages, or chief of construction shall be referred
Page 3815
to or used in this charter and related laws and Code of ordinances of the city, the same shall be construed to mean director of public works. Section 9. That a copy of this proposed amendment to the charter and related laws of the City of Atlanta shall be filed in the office of the clerk of the mayor and board of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to the Charter and Related Laws of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance, prior to its final adoption by the mayor and board of aldermen. Section 10. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen July 3, 1967. Notice of proposed amendment to charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend sections 3.6.1, 3.6.2, 3.6.6, 3.6.7, 3.6.8, 3.6.9, and section 17 on page 16 of ordinance approved May 2, 1967, of the charter and related laws of the City of Atlanta of 1965, as amended, so as to provide for the election of the director of public works; to amend the powers, functions and duties of the office of the director of public works; to amend numbered sections; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public.
Page 3816
This 10th day of July, 1967. J. J. Little, City Clerk City of Atlanta June 6, 1967 Publishers Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia, and the attached newspaper advertisement was published by said newspaper on June 8, 1967, Thursday; June 15, 1967, Thursday; and June 22, 1967, Thursday. H. W. Martin asst. Credit Manager Filed in office of Secretary of State July 11, 1967. Approved July 5, 1967. CITY OF ATLANTACITY CLERK. An ordinance to amend volume I of the charter and related laws of the City of Atlanta so as to provide for the election of the city clerk; to amend the powers, functions and duties of the office of city clerk; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta, as follows: Section 1. That section 2.6.1 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the second paragraph thereof which reads as follows: The city clerk shall have the authority to appoint his assistants, but the mayor and board of aldermen have authority to decide how many assistants he shall have and the salaries of such assistants.
Page 3817
in its entirety, and said section 2.6.1 is further amended by adding the word promotion' between the words employment and suspension in the fifth line of the fourth paragraph of said section so that the same shall read as follows: The city clerk shall be the appointing authority for the department of city clerk and he shall, subject to civil service regulations, exercise all powers as such in connection with the employment, promotion, suspension and discharge of all officers and employees of the department. and said section 2.6.1 is further amended by adding to the fifth and last paragraph of said section immediately after the words, by the mayor and board of aldermen., the following: However, the holder of the office of clerk of the board of aldermen shall be, and serve, as city clerk until the first Monday in January, 1969. The first election for the office of city clerk shall be at the first regular meeting of the board of aldermen in June, 1968. so that such amended paragraph shall read as follows: The city clerk shall be elected as provided by section 3.1.1 of the charter and related laws by the mayor and board of aldermen every four years at the first regular meeting in June whose term of office shall begin the first monday in January following and who shall be elected for term of four years, unless removed for cause to be adjudged by the mayor and board of aldermen. However, the holder of the office of clerk of the board of aldermen shall be, and serve, as city clerk until the first Monday in January, 1969. The first election for the office of city clerk shall be at the first regular meeting of the board of aldermen in June, 1968. Section 2. That section 2.6.4 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words in the second, third, and fourth lines of said section which read, who are appointed upon the authority of the mayor and board of aldermen shall have all the authority of the city clerk, and
Page 3818
substituting the following words in lieu thereof: shall be appointed, subject to civil service regulations, by the city clerk and shall have all the authority as previously exercised by the clerk of the board of aldermen and building superintendent, so that when amended said section will read as follows: The deputy city clerks, whether one or more, shall be appointed, subject to civil service regulations, by the city clerk and shall have all the authority as previously exercised by the clerk of the board of aldermen and building superintendent, and are authorized to sign executions, licenses and all other documents, to which the signature of the city clerk is necessary, using their own names, but adding thereto the words, `deputy city clerk'. The signatures of the deputy city clerks, when so signed, shall be recognized and given all force and effect of the signature of the city clerk. Section 3. That section 3.4.2 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.5. Section 4. That section 3.4.3 of volume I of the charter and related laws of the city of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.6. Section 5. That section 3.4.4 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.8. Section 6. That section 3.4.5 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.8. Section 7. That section 3.4.6 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.9.
Page 3819
Section 8. That section 3.4.7 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.10. Section 9. That section 3.4.8 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.11. Section 10. That section 3.4.9 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.12. Section 11. That section 3.4.10 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the same and inserting in lieu thereof 2.6.13. Section 12. That the words section 2.6.5 in the fourth line of Section 15, page 12, of the ordinance, amending the charter and related laws, adopted by the board of aldermen on May 1, 1967, and approved May 2, 1967, be amended so as to read, section 2.6.14, and is further amended by adding to said section the following words and paragraph: Until the contingencies, set forth hereinabove, occur, the building superintendent and the municipal revenue collector shall continue to perform all of the duties bestowed upon them. Section 13. That the words, section 2.6.6., in the fourth line of section 16, page 13, of the ordinance, amending the charter and related laws, adopted by the board of aldermen on May 1, 1967, and approved May 2, 1967, be amended so as to read, section 2.6.15.. Section 14. That section 3.4.7., as amended to read section 2.6.10., of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the second sentence of said section which reads as follows:
Page 3820
The city clerk may designate any officer or employee in his department as his chief deputy, who shall exercise the powers herein conferred at the pleasure of the city clerk. in its entirety and inserting in lieu thereof the following, to-wit: The city clerk may designate any officer or employee in his department as his chief deputy, subject to civil service regulations. Said section is further amended by striking the third sentence of said section which reads as follows: He shall have and exercise all the powers of the city clerk or the ex officio marshal or the treasurer of the City of Atlanta in the absence, or in case of the disability of, the city clerk in his several capacities and as such, during the absence or disability of the city clerk, shall be the head of the department and shall have and exercise as such all the powers, duties, and authority of the city clerk. in its entirety and substituting in lieu thereof the following, to wit: He shall have and exercise all the powers of the city clerk or the ex officio marshal or the treasurer of the City of Atlanta upon the direction of the city clerk, or the absence of the city clerk, or in case of the disability of the city clerk. In the event of the absence or disability of the city clerk, the chief deputy city clerk shall be the head of the department and shall have and exercise as such all the powers, duties, and authority of the city clerk. Said section is further amended by adding thereto immediately after the words in the last sentence thereof laws of the city. the following: The present chief deputy, ex officio marshal and chief deputy treasurer of the City of Atlanta, if in office at the time of municipal revenue collector is merged with that of the office of city clerk, shall then and thereafter become the chief deputy city clerk.
Page 3821
so that said section will read as follows: There is hereby created in the department of city clerk the position of chief deputy city clerk who shall be chief deputy, ex officio marshal and chief deputy treasurer of the City of Atlanta. The city clerk may designate any officer or employee in his department as his chief deputy, subject to civil service regulations. He shall have and exercise all the powers of the city clerk or the ex officio marshal or the treasurer of the City of Atlanta upon the direction of the city clerk, or in the absence of the city clerk, or in case of the disability of the city clerk. In the event of the absence or disability of the city clerk, the chief deputy city clerk shall be the head of the department and shall have and exercise as such all the powers, duties, and authority of the city clerk. The said chief deputy shall be subject to all the applicable civil service laws of the city. The present chief deputy, ex officio marshal and chief deputy treasurer of the City of Atlanta, if in office at the time the office of municipal revenue collector is merged with that of the office of city clerk, shall then and thereafter become the chief deputy clerk. Section 15. That a copy of this proposed amendment to the charter and related laws of the City of Atlanta shall be filed in the office of the clerk of the mayor and board of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to the charter and related laws of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 16. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen July 3, 1967
Page 3822
Notice of proposed amendment to Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 2.6.1, 2.6.4, 2.6.5, 2.6.6, 3.4.2, 3.4.3, 3.4.4, 3.4.5, 3.4.6, 3.4.7, 3.4.8, 3.4.9, and 3.4.10, of volume I of the charter and related laws of the City of Atlanta of 1965, as amended, so as to provide for the election of the city clerk; to amend the powers, functions and duties of the office of city clerk; to amend certain section numbers; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. This 6th day of June, 1967. J. J. Little, City Clerk City of Atlanta June 6, 1967 Publishers Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia, and the attached newspaper advertisement was published by said newspaper on June 8, 1967, Thursday; June 15, 1967, Thursday; and June 22, 1967. Thursday. H. W. Martin Filed in Office of Secretary of State July 11, 1967. Approved July 5, 1967 CITY OF ATLANTAFIREMEN'S UNIFORMS. An ordinance to amend section 8.2.8. of volume I of the 1965 code of the City of Atlanta, as amended, to provide for the furnishing of uniforms to members of the fire department; and for other purposes.
Page 3823
Be and it is hereby enacted by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 8.2.8 of volume I of the 1965 code of the City of Atlanta, as amended, (1963 Ga. L. Nov-Dec Sess., p. 2697; 1955 Ga. L., Jan-Feb Sess., p. 2225) be and the same is hereby amended by repealing said section in its entirety and substituting in lieu thereof a new section 8.2.8 of volume I of the 1965 code of the City of Atlanta to read as follows: The mayor and board of aldermen shall provide the members of the fire department with a uniform each year; said uniform shall be in addition to all other compensation. Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta shall be filed in the Office of the clerk of the mayor and board of aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by Board of Aldermen December 18, 1967 Notice of proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 8.2.8 of volume I of the 1965 code of the City of Atlanta, as amended (1953 Ga. L. Nov-Dec Sess., p. 2967; 1955 Ga. L., Jan-Feb Sess., p. 2225) to provide for
Page 3824
the furnishing of uniforms to members of the fire department; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 21st day of November, 1967. J. J. Little, City Clerk City of Atlanta Affidavit of publication State of Georgia County of Fulton Personally appeared before me, the undersigned notary public H. W. Martin who after being duly sworn states under oath that he is Assistant Credit Manager of Atlanta Newspapers, Inc., Proprietors of The Atlanta Journal (Daily, Evening), The Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and The Atlanta Constitution, newspapers of general circulation published in Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part hereof appeared in The Atlanta Constitution, November 27, December 4 and December 11, 1967, exclusive. H. W. Martin Assistant Manager Credit Department Sworn to and subscribed before me, this 15th day of December, 1967. Julian A. Nicholson Filed in Office of Secretary of State December 27, 1967. Approved December 20, 1967
Page 3825
CITY OF ATLANTAPOLICEMEN'S UNIFORMS. An ordinance to amend section 8.1.11 of volume I of the 1965 code of the City of Atlanta, as amended, to provide for the furnishing of uniforms to members of the police department; and for other purposes. Be and it is hereby enacted by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 8.1.11 of volume I of the 1965 code of the City of Atlanta, as amended, (1951 Ga. L., p. 3247; 1955 Ga. L., Jan-Feb Sess., p. 2225; 1956 Ga. L., p. 2533; 1964 Ga. L., Ex. Sess., p. 2209) be and the same is hereby amended by repealing said section in its entirety and substituting in lieu thereof a new section 8.1.11 of volume I of the 1965 code of the City of Atlanta to read as follows: The mayor and board of aldermen shall provide the members of the police department with a uniform each year; said uniform shall be in addition to all other compensation. Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta shall be filed in the Office of the clerk of the mayor and board of aldermen and in the office of the clerk of the superior court of Fulton County and that the notice of proposed amendment to charter of the City of Atlanta attached hereto, marked exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the mayor and board of aldermen. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by Board of Aldermen December 18, 1967
Page 3826
Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 8.1.11 of volume I of the 1965 code of the City of Atlanta, as amended, (1951 Ga. L., p. 3247; 1955 Ga. L., Jan-Feb Sess., p. 2225; 1956 Ga. L., p. 2533; 1964 Ga. L. Ex. Sess., p. 2209) to provide for the furnishing of uniforms to members of the police department; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the superior court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 21st day of November, 1967. J. J. Little, City Clerk City of Atlanta Affidavit of Publication State of Georgia County of Fulton Personally appeared before me, the undersigned notary public H. W. Martin who after being duly sworn states under oath that he is assistant credit manager of Atlanta Newspapers, Inc., Proprietors of The Atlanta Journal (Daily, Evening), The Atlanta Constitution, (Daily Morning) and The Atlanta Journal and The Atlanta Constitution newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part hereof appeared in The Atlanta Constitution, November 27, and December 11, 1967, exclusive. H. W. Martin, Assistant Manager Credit Department
Page 3827
Sworn to and subscribed before me, this 15th day of December, 1967. Julian O. Nicholson Notary Public, Georgia State at Large. My Commission expires Oct. 1, 1971. Filed in Office of Secretary of State December 27, 1967. Approved December 20, 1967 CITY OF COLUMBUSUTILITIES. An ordinance to amend the charter of the City of Columbus, deleting from section 24 of the chapter as codified, the last two (2) sentences of the first paragraph thereof, said section 24 appearing as paragraph 1, 1A of Act Number 470 of the Acts of 1946 of the General Assembly of Georgia, and further adding to said section provisions restricting the operation of utilities in states, counties, or municipalities which levy licenses or taxes on the operation of such utilities. This amendment deleting the portion of section 24 which prohibits the operation of a public utility beyond the established limits of Muscogee County and which prohibits the furnishing of services by any public utility beyond the established limits of Muscogee County. Be it ordained by the city commission of the City of Columbus, Georgia: Section 1. That section 24 of the charter of the City of Columbus, as codified, the same appearing as section 1, 1A, of Act Number 470 of the Acts of 1946 of the General Assembly of Georgia, be, and the same is hereby amended by deleting the last two (2) sentences of the first paragraph thereof, and adding to said section the following: provided however the city shall have the right to operate beyond its corporate boundaries only so long as the city is not obligated to pay licenses or taxes of any sort whatsoever to any State, county, or municipality in which such services are furnished,
Page 3828
so that said section 24, when thus amended, shall read as follows: Sec. 24. Public utilities, relevant powers . The City of Columbus shall have the power to furnish all public service, wholly within or wholly without the city, or partially within and partially without the city; to purchase, hire, construct, own, maintain, and operate or lease public utilities, wholly within or wholly without the city, or partially within and partially without the city; to acquire by condemnation or otherwise, wholly within or wholy without the city, or partially within or partially without the city, land and property (including franchises), or any part thereof, necessary for such public service; and this power, by condemnation or otherwise, shall extend to the land and properties (including franchises), or any part thereof, of utilities now or hereafter existing and devoted to public use, provided however, the city shall have the right to operate beyond its corporate boundaries only so long as the city is not obligated to pay licenses or taxes of any sort whatsoever to any state, county, or municipality in which such services are furnished. Before the City of Columbus shall be authorized to condemn properties of public utilities referred to in section 1 (this section) hereof, such condemnation must be authorized by a majority of the registered voters voting at an election held for such purposes in said city, and provided further, that a majority of the registered voters of said city shall vote in said election. Such election shall be held in compliance with Article 7, Section 7, Paragraph 5 of the Constitution, Section 3 (7), of 1921 Act, and the applicable statutory laws of this State. Section 2. That all Ordinances in conflict herewith be, and they are hereby repealed. Section 3. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice containing a synopsis of the proposed amendment with the certificate of the publisher of the Columbus-Ledger, the official organ of Muscogee County, in which the City of Columbus is located, said certificate showing the notice was published
Page 3829
once a week for three (3) weeks. Said publication was run within a period of sixty (60) days immediately preceding the date of the day for final adoption of this Ordinance. Introduced, read and adopted on first reading by the city commission of the City of Columbus, held on the 21st day of August, 1967, by affirmative vote of 6 members of the commission. Mayor Johnson voting Yes. Commissioner Binns voting Yes. Commissioner Gary voting Absent. Commissioner Hunter voting Yes. Commissioner Patterson voting Yes. Commissioner Register voting Yes. Commissioner Skinner voting Yes. Introduced, read and adopted on second reading, the same being a regular consecutive meeting to that of the 21st day of August, 1967, aforesaid, by the affirmative vote of 7 members of the Commission, said second reading being read on the 28th day of August, 1967. Mayor Johnson voting Yes. Commissioner Binns voting Yes. Commissioner Gary voting Yes. Commissioner Hunter voting Yes. Commissioner Patterson voting Yes. Commissioner Register voting Yes. Commissioner Skinner voting Yes. Homer A. Davis, City Clerk Bob Johnson, Mayor
Page 3830
Notice of Intention to Amend the Charter of the City of Columbus by Ordinance. City of Columbus, Georgia. Notice is hereby given that an ordinance will be introduced in city commission of the City of Columbus, to be adopted at two (2) regular consecutive meetings on or before October 1, 1967, said proposed ordinance amending the charter as codified by deleting from section 24 the last two (2) sentences of the first paragraph thereof, said section 24 appearing as paragraph 1, 1A, of Act number 470 of the Acts of 1946 of the General Assembly of Georgia: This amendment deleting the portion of section 24 which prohibits the operation of a public utility beyond the established limits of Muscogee County and which prohibits the furnishing of services by any public utility beyond the established limits of Muscogee County; This amendment further adding to said section provisions restricting the operation of utilities in states, counties, or municipalities which levy licenses or taxes on the operation of such utilities. A copy of the proposed amendment to the charter of the City of Columbus is on file in the office of the city clerk of the City of Columbus, and so on file in the office of the clerk of the superior court of Muscogee County, Georgia, for the purpose of examination and inspection by the public. This the 3rd day of August, 1967. Lennie F. Davis, City Attorney City of Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, Wallace A. Kitchen, who on oath, deposes and says that
Page 3831
he is agent for the publisher of the Columbus-Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, the official organ of Muscogee County, and that the foregoing and attached notice was duly published once a week for three (3) weeks, to-wit, on August 4, 11 and 18, 1967. Wallace A. Kitchen Sworn to and subscribed before me, this the 18th day of August, 1967. Hazel R. Jones Notary Public, Muscogee County, Georgia. Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, John W. Bloodworth, clerk of superior court, who on oath says that a copy of the foregoing ordinance to amend the charter of the City of Columbus, was filed in his office on the 1st day of August, 1967, for the purpose of examination and inspection by the public. John W. Bloodworth, Clerk Sworn to and subscribed before me, this the 1st day of August, 1967. Syble R. Allison Notary Public, Muscogee County, Georgia. Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, Homer A. Davis, city clerk, who on oath says that a copy of the foregoing ordinance to amend the charter of the City of Columbus, was filed in his office on the 1st day of August, 1967, for the purpose of examination and inspection by the public. Homer A. Davis, City Clerk
Page 3832
Sworn to and subscribed before me, this the 1st day of August, 1967. Syble R. Allison Notary Public, Muscogee County, Georgia. Filed in Office of Secretary of State September 12, 1967. CITY OF OGLETHORPEELECTIONS. An Ordinance setting new hours for the conducting of city elections, in the City of Oglethorpe. Whereas: The Act of 1900, of the State of Georgia, Part III, Title I Oglethorpe, Town of Incorporated; Act No. 14, Section IV, page 394, providing for city elections in the said City of Oglethorpe, and providing that the hours for holding such elections shall be between the hours of 9 A. M. and 3 P. M. And whereas: The closing of the polls at the hour of 3 P. M. depriving many of the residents of the city, who work out of town, of a chance to cast their votes: And whereas: Under the Municipal Home Rule Act of 1965, as amended (Ga. L. 1966, p. 296); under section 4, paragraph (A), sub-heading 2; municipalities being granted the powers to change the hours for holding municipal elections; Be it ordained by the mayor and council of the City of Oglethorpe; and it is hereby ordained by authority thereof: The hours for holding municipal elections, in the City of Oglethorpe, are hereby changed; and in the future all such municipal elections shall be held between the hours of 7 A. M. and 7 P. M.
Page 3833
All ordinances, or parts of ordinances in conflict herewith are hereby repealed. Lewis Kitchens, Mayor I hereby certify that the above ordinance was passed by the mayor and city council, of the City of Oglethorpe, Georgia, by having first read at a meeting duly held in the city hall on the 28 day of February, 1967; and second reading at a meeting duly held in the city hall on the 7 day of March, 1967. Mrs. Gladys E. Nelson City Clerk of Oglethorpe, Georgia March 23, 1967 I, the undersigned, editor of the Citizen Georgian newspaper, the local organ for the publication of legal advertisements in Macon County, Georgia, do hereby certify that the attached legal advertisement, changing the hours for holding city elections in the City of Oglethorpe, Macon County, Georgia, has been published as provided under the Municipal Home Rule Act of 1965 (Amended Ga. L. 1966, p. 296; section 4; paragraph A; sub-heading 2). /s/ J. C. Cox Ordinance Three-A Setting Hours For City Elections City of Oglethorpe, Macon County Georgia. An Ordinance setting new hours for the conducting of city elections, in the City of Oglethorpe. Whereas: The Act of 1900, of the State of Georgia, part III, title I Oglethorpe, Town of Incorporated; Act. No. 14, section IV, page 394, providing for city elections in the said City of Oglethorpe, and providing that the hours for holding such elections shall be between the hours of 9 A. M. and 3 P. M.
Page 3834
And whereas: The closing of the polls at the hour 3 P. M. depriving many of the residents of the city, who work out of town, of a chance to cast their votes: And whereas: Under the Municipal Home Rule Act of 1965, as amended (Ga. L. 1966 p. 296); under section 4, paragraph (A), sub-heading 2; municipalities being granted the powers to change the hours for holding municipal elections; Be it ordained by the mayor and council of the City of Oglethorpe; and it is hereby ordained by authority thereof: The hours for holding municipal elections, in the City of Oglethorpe, are hereby changed; and in the future all such municipal elections shall be held between the hours of 7 A. M. and 7 P. M. All ordinances, or parts of ordinances in conflict herewith are hereby repealed. /s/ Lewis Kitchens, Mayor /s/ J. H. Taylor, City Councilman, Oglethorpe, Georgia /s/ B. G. Trussell, City Councilman, Oglethorpe, Georgia /s/ R. L. Rodgers, City Councilman, Oglethorpe, Georgia /s/ W. H. Martin, Jr. City Councilman, Oglethorpe, Georgia /s/ James R. Bray City Councilman, Oglethorpe, Georgia
Page 3835
I hereby certify that the above ordinance was passed by the mayor and city council, of the City of Oglethorpe, Georgia by having first read at a meeting duly held in the city hall on the 28th day of February, 1967; and second reading at a meeting duly held in the City on the 7th day of March, 1967. Mrs. Gladys E. Nelson City Clerk of Oglethorpe, Georgia Filed in office of Secretary of State April 10, 1967. CITY OF FOREST PARKPERSONNEL BOARD. An Ordinance to amend section 47 of the charter of the City of Forest Park by changing the compensation of the members of the personnel board. Be it ordained by the mayor and council of the City of Forest Park, Georgia, and by the authority of same it is hereby ordained: That pursuant to the Act of the General Assembly of Georgia (Ga. L. 1965, pp. 298, 299; 1966 p. 296) and after all requirements of law have been met, the charter of the City of Forest Park, Georgia, is hereby amended by striking from section 47 of said charter the words ten dollars ($10.00) and substituting in lieu thereof the words twenty dollars ($20.00) each as expenses so that when amended said section shall read: Sec. 47. Personnel BoardMeetings; Salary . The personnel board shall meet at the call of the chairman, any three members of the board, or the personnel director, upon two days' written notice, stating the purpose of the meeting. Three members of the board shall constitute a quorum and three affirmative votes shall be required for the transaction of any official business. Members of the board shall be paid at the rate of twenty dollars ($20.00) each as expenses
Page 3836
per meeting for time devoted to the business of the board. Passed and adopted this 7th day of August, 1967. S. S. Abercrombie, Mayor City of Forest Park Attest: E. F. Johnson City Clerk Approved as to form: Kenneth Kilpatrick City Attorney Georgia, Clayton County. Personally appeared before me, the undersigned officer authorized by law to administer oaths Mrs. Frederick Lee, who on oath says that she is the Business Manager of the Forest Park Press/Clayton County News and Farmer. That this newspaper is the official legal organ of Clayton County. That the attached Notice of Proposed Amendment and/or Change in the Charter of the City of Forest Park, Georgia was advertised in this paper and ran in the issues of July 11, 18 and 25 and August 1, 1967, all as provided by law. This the 25 day of August, 1967. Mrs. Frederick Lee Business Manager Forest Park Free Press/ Clayton County News and Farmer Sworn to and subscribed before me, this 25th day of August, 1967. /s/ Ellis F. Johnson, Notary Public, Georgia State at Large. My Commission expires Jan. 25, 1971.
Page 3837
Notice of Proposed Amendment and/or Change in the Charter of the City of Forest Park, Georgia. Pursuant to the Acts of the General Assembly of Georgia (Ga. L. 1965, pp. 298, 299; 1966 p. 296), the mayor and council of the City of Forest Park proposes to amend section 47 of the charter of the City of Forest Park, Georgia, by changing the compensation of the members of the personnel board from ten dollars ($10.00) each per meeting to twenty dollars ($20.00) each per meeting as expenses. The mayor and council will act on the proposed change at its regular meetings of July 17, 1967, and August 7, 1967, at 7:30 P.M. at the city hall. A copy of the proposed amendments is on file in the office of the city clerk-treasurer in said city hall and a copy is on file in the office of the clerk of the superior court of Clayton County at the courthouse in Jonesboro, Georgia, both copies being on file for the purpose of examination and inspection by the public. This the 15th day of June, 1967. William E. Bennett, City Manager Forest Park, Georgia Filed in office of Secretary of State August 31, 1967. CITY OF PERRYELECTIONS. An Ordinance providing for a change in the hours of holding municipal elections in the City of Perry. Pursuant to the powers and privileges set forth in The Municipal Home Rule Act of 1965 (Acts 1965, pp. 298-299) as set forth in Georgia Code Annotated, Chapters 69-1015 and 69-1020, the charter of the City of Perry as set forth in Georgia Laws of 1937, p. 2029, is amended as follows:
Page 3838
Be it Ordained by the mayor and council of the City of Perry and it is hereby ordained by authority of the same: Section 1. That certain paragraph entitled Management of Elections at page 2038 of said Georgia Laws of 1937 is amended by deleting therefrom the following sentence: The polls shall open at eight o'clock A.M. and close at six o'clock P.M., according to the time prevailing in said city at such time. Inserted in lieu thereof shall be the following sentence: The polls shall open at seven o'clock A.M. and close at seven o'clock P.M., according to the time prevailing in said city at such time. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Notice. Notice is hereby given that the mayor and city council of the City of Perry will review and consider an ordinance providing for an amendment to the charter of the City of Perry pursuant to The Municipal Home Rule Act of 1965. The proposed ordinance provides for the changing of the hours during which municipal elections will be held and set forth that the polls shall open at 7:00 o'clock A.M. and the polls shall close at 7:00 o'clock P.M. on the day of any such election. A copy of the proposed ordinance is on file in the office of the city clerk of the City of Perry and in the office of the clerk of superior court of Houston County, Georgia, for the purpose of examination and inspection by all interested parties. City of Perry By: Mayor and Council Georgia, Houston County. The undersigned editor of The Houston Home Journal certifies that a copy of the foregoing notice was published in The Houston Home Journal, the official organ of Houston County once a week for there weeks, the dates of said publication
Page 3839
being January 19, 1967, January 26, 1967, and February 2, 1967. This 2nd day of March, 1967. C. Cooper Etheridge Sworn to and subscribed before me, this 2nd day of March, 1967. /s/ Macy Skinner, Notary Public, Houston Co., Ga. Georgia, Houston County. The undersigned, city clerk of the City of Perry, Houston County, Georgia, hereby certifies that the foregoing Notice is a true and exact copy of the notice published in The Houston Home Journal once a week for three weeks as set forth in the certificate of the publisher of said Houston Home Journal. The undersigned further certifies that said notice was published during a period of sixty days immediately preceding the final adoption of the charter amendment as set forth herein. The undersigned further certifies that the within and foregoing charter amendment is a true and exact copy of the amendment adopted by the city council of the City of Perry, said amendment having been read and adopted at a city council meeting on February 7, 1967, and on February 16, 1967. The undersigned further certifies that copies of the proposed amendment were placed on file in the office of the city clerk of the City of Perry, and in the office of the clerk of the superior court of Houston County, Georgia, for the purpose of examination and inspection by the public.
Page 3840
Witness the hand and seal of the undersigned this 2nd day of March, 1967. Ruth T. Griffin, City Clerk, City of Perry, Georgia Witness: /s/ D. P. Hulbert, Notary Public, Houston County, Ga. Filed in office of Secretary of State March 3, 1967. CITY OF SAVANNAHPENSIONS. An Ordinance to amend the municipal charter of the City of Savannah by amending the pension system Act Ga. Laws 1945, pp. 703 to 712 inclusive, as amended by Ga. Laws 1949, pp. 774 to 777 inclusive, and Ga. Laws 1950, pp. 2668 to 2670 inclusive, to provide a pension for a widow of a regular employee pensioned after twenty-five years service and also pensioned after adoption of this amendment to the Act if the widow was married to the employee at the time of his retirement; to provide a pension for surviving children if the widow dies or if there is no widow; to provide for return of pension fund contributions to employees if he dies or leaves the employment of the city prior to retirement; to repeal conflicting laws; and for other purposes. Be it ordained by the mayor and aldermen of the City of Savannah in council assembled pursuant to the authority granted by the Municipal Home Rule Act of 1965, Ga. L. 1965, pp. 298-304, and it is hereby enacted by the authority of the same: Section I. That the part of the municipal charter of the City of Savannah designated as the Pension System Act approved February 20, 1945, incorporated into the
Page 3841
Acts of the General Assembly of 1945, on pages 703 to 712 inclusive as amended by an act of the General Assembly of Georgia, approved February 17, 1949, incorporated into the Acts of the General Assembly of Georgia of 1949, on pages 774 to 777 inclusive as amended by an act of the General Assembly of Georgia approved February 17, 1950, incorporated into the Acts of the General Assembly of Georgia of 1950 on pages 2668 to 2670 inclusive, be, and the same is hereby amended by adding an additional paragraph immediately following section four (e) which shall read as follows: Section Four (f). The widow, of any regular employee of the mayor and aldermen of the City of Savannah pensioned after not less than twenty-five (25) years of employment and also pensioned after the adoption of this amendment to the Act, shall be entitled to receive a pension of one hundred ($100.00) dollars per month if the widow was married to the employee at the time of his retirement until such time as said widow may remarry, said pension shall cease upon the remarriage of the widow. In the event the widow dies, or if there is no widow at the time of the death of the pensioned employee, and there is a surviving unmarried minor child or children under the age of eighteen (18) years, said child or children shall receive such pension of one hundred ($100.00) dollars per month, divided equally if there is more than one child, as long as they remain unmarried and until said child or children attain the age of eighteen (18) years the same to be paid to a regularly qualified guardian for said child or children. Section II. Said Act is further amended by striking from section seven of the Act approved February 20, 1945, (Ga. L. 1945, p. 707), is the following language: and to be repaid funds contributed, under this Act, shall, after the passage of this Act for money so contributed after the passage of this Act only be entitled to receive three-fourths ([UNK]) of the amount contributed by such employee to said pension fund and inserting in lieu thereof the words after the adoption of this amendment to the Act and to be repaid funds contributed, under this act, shall, after serving less
Page 3842
than two years be refunded seventy-five (75%) percent of his contribution to the pension fund and, shall, after serving two years or more be refunded all his contribution to the pension fund. Any contribution refunded shall be without interest. When an employee dies before his retirement the full amount of his contribution to the pension fund shall be refunded to his estate so that when amended section seven shall read as follows: Section Seven. Of the two (2%) per cent paid by employees of the city, the city shall retain one-fourth () for the purpose of administration of said pension plan and said one-fourth () shall remain in the pension funds as part of the trust created hereunder and shall only be used, or expended, directly in connection with the payment of pensions and the administration of the pension plan. Any person desiring to withdraw from the pension plan after the adoption of this amendment to the Act funds contributed, under this act, shall, after serving less than two years be refunded seventy-sive (75%) percent of his contribution to the pension fund and, shall, after serving two years or more be refunded all his contribution to the pension fund. Any contribution refunded shall be without interest. When an employee dies before his retirement the full amount of his contribution to the pension fund shall be refunded to his estate. No employee of the mayor and aldermen of the City of Savannah shall be allowed to withdraw his, or her, contribution to the said pension fund unless said employee resigns, dies or is dismissed from the employ of the mayor and aldermen of the City of Savannah. Section III. All laws and parts of laws in conflict with this Act are hereby repealed. I, Katherine S. Redmond, clerk of council of the mayor and aldermen of the City of Savannah, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted and approved by the mayor and aldermen of the City of Savannah, in council assembled, February 24, 1967. Katherine S. Redmond Clerk of Council
Page 3843
State of Georgia, Chatham County. Personally appeared before me Roberta Earle to me known, who being by me sworn, deposes and says: That she is the legal advertising clerk 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 she is authorized to make affidavits of publication on behalf of said publisher corporation; 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 she has reviewed the regular editions of the Savannah Evening Press published on January 23, 1967, Jan. 30, 1967, and February 6, 1967, and finds that the following advertisement, to-wit: Charter Amendment. The mayor and aldermen of the City of Savannah pursuant to the authority granted by the Municipal Home Rule Act of 1965, Ga. L. 1965, pp. 298-304. do hereby give notice that an ordinance will be presented on Friday, February 17, 1967, and for final adoption on Friday, February 24, 1967, to amend the municipal charter of the City of Svannah by amending the Pension System Act, (Ga. L. 1945, p. 703, as amended by Ga. L. 1949, p. 774, and Ga. L. 1950, p. 2668), effective after the adoption of this amendment, to provide:
Page 3844
A pension of one hundred ($100.00) dollars a month for a widow of a regular employee pensioned after twenty-five years service and also pensioned after the adoption of this amendment to the act, if the widow was married to the employee at the time of his retirement; to provide a pension of one hundred ($100.00) dollars a month for surviving children if the widow dies or if there is no widow until said child or children marries or reaches the age of eighteen (18) years; to provide for the return of pension fund contributions to the employee if he dies or leaves the employment of the city prior to retirement; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the clerk of council of the mayor and aldermen of the City of Savannah and is also on file in the office the clerk of the superior court of Chatham County, Georgia, for the purpose of examination and inspection by the public. The clerk of council of the mayor and aldermen of the City of Savannah shall furnish anyone, upon written notice, a copy of the proposed amendment. Katherine S. Redmond Clerk of Council City of Savannah appeared in each of said editions. /s/ Roberta Earle (Deponent) Sworn to and subscribed before me, this 6th day of Feb., 1967. /s/ Miriam Potter, Notary Public, Chatham County, Georgia. My Commission expires Sept. 12, 1970. Filed in office of Secretary of State March 1, 1967.
Page 3845
CITY OF THOMASVILLEELECTIONS. An Ordinance to amend the charter of the City of Thomasville by adding to said charter a new distinct section to be known as section 7-A, as codified; to provide for voting by absentee electors in elections for positions on the board of commissioners of the City of Thomasville and for positions on the board of education of the City of Thomasville, held under said charter, to specify conditions under which such absentee electors may obtain ballots; to provide the method of casting such ballots and returning same to proper officials; to repeal all laws in conflict therewith; and for other purposes. Section I. Be it ordained by the board of commissioners for the City of Thomasville and it is hereby ordained by authority of same, that the charter of the City of Thomasville be amended by adding to said charter a new and distinct section to be known as section 7-A, same to be inserted in said charter immediately following the present section 7, same to be as follows: Section 7-A. Absentee Voting . Section 7-A-1. Definition . The words absentee elector, when used in this section, shall mean, unless otherwise clearly apparent from the context, an elector of the City of Thomasville who is required to be absent from the City of Thomasville during the time of the primary or election he desires to vote in or who because of physical disability will be unable to be present at the polls on the day of such primary or election. Section 7-A-2. Application for ballot . (a) Any absentee elector or, upon satisfactory proof of relationship, his mother, father, aunt, uncle, sister, brother, spouse, or daughter or son of the age of eighteen or over, may, not more than ninety days prior to the date of the primary or election the elector desires to vote in, make an application to the treasurer of the City of Thomasville for an official ballot of the City of Thomasville to be voted at such primary or election. The application shall be in writing and
Page 3846
shall contain the name and residence address of the elector, the address he desires to have the ballot mailed to, the identity of the primary or election he desires to vote in, and such other information as the treasurer may require. In the case of an elector in the active armed forces of the United States, his rank, branch of service and serial number shall also be included in the application. (b) An elector applying for an absentee ballot on the ground of his physical disability shall accompany his application with a certificate of a licensed attending physician, hospital administrator or a Christian Science practitioner to the fact that such elector because of physical disability will be unable to be present at the polls on the day of primary or election. (c) The treasurer, upon receipt of a timely application, shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the treasurer shall grant the application and mail or deliver the ballot as hereinafter provided. If found ineligible, the treasurer shall deny the application and promptly notify the applicant in writing of the ground of his ineligibility. Section 7-A-3. Envelopes for official absentee ballots . (a) The treasurer shall provide two additional envelopes for each official absentee ballot of such size and shape as shall permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words Official Absentee Ballot, and nothing else. On the back of the larger of the two envelopes, to be enclosed within the mailing envelope, shall be printed the form of affidavit of the elector, together with the form of jurat of the person in whose presence the ballot is marked and before whom the affidavit is made, and on the face of such envelope shall be printed the name and address of the treasurer. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, instructions for the manner of preparing and returning the ballot, and nothing else.
Page 3847
(b) The affidavit and jurat referred to in Subsection (a) shall be in substantially the following form: Section 7-A-3. Duties of Superintendent and Treasurer . (a) The treasurer shall, as soon as practicable prior to each primary or election, prepare an adequate supply of official absentee ballots, envelopes and other supplies as required by this section. The treasurer shall deliver or mail official
Page 3848
absentee ballots to all eligible applicants, as soon as practicable. Provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over three hundred miles from the main office of the treasurer; and provided further, that no absentee ballot shall be mailed by the treasurer on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. (b) The treasurer shall maintain for public inspection a master list, setting forth the name and residence of every elector to whom an official absentee ballot his been sent. Section 7-A-5. Voting by Absentee Electors . (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector, for the purpose of voting, may appear before: (i) a postmaster or assistant postmaster of the United States while within the confines of the post office; (ii) any commissioned officer in the active armed service of the United States if the elector is a member of such service; (iii) any consul of the United States or his assistant; or (iv) a registrar or deputy registrar of the county of the elector's residence. The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall proceed to mark the ballot with pen or pencil, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot, enclose and securely seal the same in the envelope on which is printed Official Absentee Ballot. This envelope shall then be placed in the second one, on which is printed the form of affidavit of the elector, the form of jurat of the person before whom the elector appeares, and the address of the treasurer. The electors shall then fill out, subscribe and swear to the affidavit printed on such envelope, and the jurat shall be subscribed and dated by the person before whom the affidavit was taken. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the treasurer.
Page 3849
(b) A physically disabled elector may receive assistance in the preparing and mailing of his ballot from the person administering the oath when the disability makes such assistance necessary. An illiterate elector may also receive such assistance. (c) Anything in this section to the contrary nowithstanding, a physically disabled elector may appear before any notary public of the State of Georgia for th purpose of voting an absentee ballot which he has received on the ground of physical disability. Section 7-A-6. Keeping and depositing ballots . (a) The treasurer shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election. Upon receipt of each ballot, the treasurer shall write the day and hour of the receipt of the ballot on its envelope. All absentee ballots returned to the treasurer after the closing of the polls on the day of primary or election shall be safely kept unopened by the treasurer for the period of time required for the preservation of ballots used at the primary or election, and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. (b) After the close of the polls on the day of the primary or election, the treasurer shall deliver the official absentee ballot of each elector to the managers in charge of the polling place for the City of Thomasville to be counted as other ballots. The managers shall examine the affidavit and jurat of each envelope. If the managers are satisfied that the affidavit and jurat are sufficient and that the absentee elector is otherwise qualified to vote, a manager shall announce the name of the elector and shall give any person present an opportunity to challenge in like manner and for the same cause as the elector could have been challenged had he presented himself in such district to vote other than by official absentee ballot. Also, the managers shall consider any absentee elector challenged when a person has previously filed with it a written challenge of such elector's right to vote. A manager shall then open the envelope in such manner as not to destroy the affidavit and jurat printed thereon and shall
Page 3850
deposit the inner envelope, marked Official Absentee Ballot, in a ballot box reserved for absentee ballots. The managers shall record on their numbered list of voters the name of each elector whose official absentee ballot is cast at such polling place. (c) If the managers shall find that the affidavit or jurat is insufficient or that the absentee elector is otherwise disqualified to vote, the envelope shall not be opened and a poll officer shall write across the face of the envelope, Rejected, giving the reason therefor, and the treasurer shall promptly notify the elector of such rejection. (d) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelope and write Challenged, the elector's name and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the ballot box. The treasurer shall promptly notify the elector of such challenge. Section 7-A-8. Ballots of deceased electors . Whenever it shall be made to appear by due proof to the managers that an absentee elector who has marked and forwarded or delivered his ballot as provided in this section has died prior to the opening of the polls on the day of the primary or election, then the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots. Section II. Be it further ordained that all portions of the charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section III. Be it further ordained that the amendment affected by this ordinance shall become effective on and after the final passage of this ordinance. Section IV. Be it further ordained that a notice, copy of which is attached hereto, be made a part hereof, which notice embodies, among other things, the substance of this ordinance with a certificate of the president of that corporation
Page 3851
known as the Times-Enterprise Company, Inc. and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three weeks within a period of 60 days immediately preceding the date of the day of final adoption of this ordinance. Passed and enacted by unanimous vote of the Board of Commissioners into an ordinance of the City of Thomasville, Georgia, at a lawful meeting of the board of commissioners of said city on this the 27th day of December, 1966, after having been introduced and read the first time on the 12th day of December, 1966, amended and read the second time, passed and adopted on the 27th day of December, 1966. Roy M. Lilly, Mayor Julius F. Ariail, City Clerk Notice of intention to amend the charter of the City of Thomasville, by ordinance pursuant to the provisions of that Act of the General Assembly of Georgia, known as the Municipal Home Rule Act of 1965. City of Thomasville, Georgia. Notice is hereby given that an ordinance has been introduced, read and duly adopted for the first time at the regular lawful meeting of the board of commissioners for the City of Thomasville, Georgia, on November 28th, 1966, and that this ordinance will be read and considered for final adoption at the second regular meeting of the board of commissioners for the City of Thomasville to be held on December 26th, 1966, said proposed ordinance amending the charter of the City of Thomasville by adding a new section to such Charter, as codified, said section to be known as section 7-A, said section to provide a method in which absentee electors may cast ballots in elections held for posts on the board of commissioners of the City of Thomasville, to specify conditions upon which absentee ballots may be secured and cast
Page 3852
by absentee electors, to provide a method for receiving, conserving and counting such absentee ballots, to repeal all laws in conflict therewith and for other purposes. A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the clerk of the City of Thomasville, and also on file in the office of the clerk of the superior court of Thomas County, Georgia, for the purpose of examination and inspection by the public. All is required by law. This 28th day of November, 1966. Marcus B. Calhoun, Attorney for the City of Thomasville Georgia, Thomas County. Personally appeared before me, the undersigned attesting officer, Lee E. Kelly, Jr., who, on oath, deposes and says that he is the president of that corporation known as the Times-Enterprise Company, Inc., and that that corporation publishes the Thomasville Times-Enterprise Daily Edition; and that the Thomasville Times-Enterprise Daily Edition published on the Friday of each week in the newspaper in which Sheriff's Advertisements for Thomas County, Georgia, are published. Further deposing, he says that as president of that corporation, he is the person duly vested with authority to sign for the corporation in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the Charter of the City of Thomasville, was published in the Thomasville Times-Enterprise Daily Edition on the 2nd day of Dec., 1966, and the 9th and 16th days of Dec., 1966. This the 16th day of Dec., 1966. Lee E. Kelly, Jr., President of the Times-Enterprise Company, Inc.
Page 3853
Sworn to and subscribed before me this the 16th day of Dec., 1966. Marcus B. Calhoun, Notary Public Thomas County, Georgia. My Commission Expires June 14, 1970. (Seal) Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Julius F. Ariail, clerk for the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville, was filed in his office on the 28th day of November, 1966, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the board of commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the board of commissioners held in chambers on the 27th day of December, 1966, the original of which is in my possession and appears as a part of the official minutes of that meeting. Julian F. Ariail, City Clerk Sworn to and subscribed before me this the 27th day of December, 1966. Marcus B. Calhoun Notary Public (Seal) Georgia, Thomas County. Personally appeared before the undersigned attesting officer, W. A. Watt, Jr., clerk of the superior court of Thomas County, Georgia, being the legal situs of the City of Thomasville,
Page 3854
Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville, was filed in his office on the 28th day of November, 1966, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the clerk of the City of Thomasville, with a copy of the required notice of publication, attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 16th day of December, 1966. W. A. Watt, Jr., Clerk of Superior Court, Thomas County, Georgia. Sworn to and subscribed before me this the 16th day of December, 1966. Marcus B. Calhoun Notary Public (Seal) March 18, 1967. A true copy of ordinance of the City of Thomasville, Georgia. J. F. Ariail, City Clerk Filed in office of Secretary of State March 20, 1967.
Page 3855
CITY OF THOMASVILLERECORDER'S COURT. An Ordinance to amend the charter of the City of Thomasville by deleting from section 54 of this charter, as codified, the words to pay a fine not exceeding $300 and to substitute therefore the words to pay a fine not exceeding $750, said section 54 appearing as section XIX of the charter of the City of Thomasville, as embodied in the Acts of 1889, pages 854-864 (Act No. 350) of the General Assembly of Georgia, as amended: this amendment raising the maximum jurisdictional amount of fines that may be imposed by the police court (recorder) from the sum of $300 to the sum of $750: to repeal all laws in conflict therewith: and for other purposes. Section I. Be it ordained by the board of commissioners for the City of Thomasville, and it is hereby ordained by authority of the same, that the charter of the City of Thomasville be amended by deleting from section 54 of this charter, as codified, the words to pay a fine not exceeding $300 and to substitute therefor the words to pay a fine not exceeding $750, said section 54 appearing as section XIX of the charter of the City of Thomasville, as embodied in the Acts of 1889, pages 854-864 (Act No. 350) of the General Assembly of Georgia, as amended; this amendment raising the maximum jurisdictional amount of fines that may be imposed by the Police Court (Recorder) from the sum of $300 to the sum of $750. Section II. Be it further ordained that all portions of the charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section III. Be it further ordained that the amendment affected by this ordinance shall become effective on and after the final passage of this ordinance. Section IV. Be it further ordained that a notice, copy of which is attached hereto, be made a part hereof, which notice embodied, among other things, the substance of this ordinance with a certificate of the president of that corporation known as the Times-Enterprise Company, Inc., and that that
Page 3856
corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three weeks within a period of 60 days immediately preceding the date of the day of final adoption of this ordinance. Passed and enacted by unanimous vote of all five members of the board of commissioners into an ordinance of the City of Thomasville, Georgia, at a lawful meeting of the board of commissioners of said city on this the 14th day of Nov., 1966, after having been introduced and read the first time on the 24th day of Oct., 1966, amended and read the second time, passed and adopted on the 14th day of Nov. 1966. /s/ Roy M. Lilly, Mayor /s/ Julius F. Ariail, City Clerk. Notice of intention to amend the Charter of the City of Thomasville by ordinance pursuant to the provisions of that Act of the General Assembly of Georgia known as The Municipal Home Rule Act of 1965. City of Thomasville, Georgia. Notice is hereby given that an ordinance has been introduced, read and duly adopted for the first time at a regular lawful meeting of the board of commissioners for the City of Thomasville on October 24, 1966, and that this ordinance will be read and considered for final adoption at a second regular meeting of the board of commissioners for the City of Thomasville, to be held on November 14, 1966, said proposed ordinance amending the charter of the City of Thomasville by deleting from section 54 of this charter, as codified, the words to pay a fine not exceeding $300 and to substitute therefor the words to pay a fine not exceeding $750, said section 54 appearing as section XIX of the charter of the City of Thomasville, as embodied in the Acts of 1889, pp. 854-864 (Act No. 350) of the General Assembly of Georgia, as amended; this amendment raising
Page 3857
the maximum jurisdictional amount of fines that may be imposed by the police court (recorder) from the sum of $300 to the sum of $750; to repeal all laws in conflict herewith; and for other purposes. A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the clerk for the City of Thomasville, and also on file in the office of the clerk of the superior court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This the 24 day of October, 1966. /s/ Marcus B. Calhoun Attorney for the City of Thomasville, Georgia Georgia, Thomas County. Personally appeared before me, the undersigned attesting officer, Lee E. Kelly, Jr., who on oath, deposes and says that he is the president of that corporation known as the Times-Enterprise Company, Inc., and that that corporation publishes the Thomasville Times-Enterprise Daily Edition; and that the Thomasville Times-Enterprise Daily Edition published on the Friday of each week is the newspaper in which sheriff's advertisements for Thomas County, Georgia, are published. Further deposing, he says that as president of that corporation, he is the person duly vested with authority to sign for the corporation in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the charter of the City of Thomasville, was published in the Thomasville Times-Enterprise Daily Edition on the 28th day of October, 1966, and the 4th and 12th days of November, 1966. This the 15th day of November, 1966. /s/ Lee E. Kelly, Jr., President of the Times- Enterprise Company, Inc.
Page 3858
Sworn to and subscribed before me, this the 15th day of November, 1966. /s/Marcus B. Calhoun, Notary Public, Thomas County, Georgia. My Commission expires June 14, 1970. (Seal). Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Julius F. Ariail, Clerk for the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville, was filed in his office on the 24th day of October, 1966, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the board of commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the board of commissioners held in chambers on the 14th day of November, 1966, the original of which is in my possession and appears as a part of the official minutes of that meeting. Julius F. Ariail, City Clerk Sworn to and subscribed before me, this the 15 day of November, 1966. /s/ Marcus B. Calhoun, Notary Public. Georgia, Thomas County. Personally appeared before the undersigned attesting officer, W. A. Watt, Jr., clerk of the superior court of Thomas County, Georgia, being the legal situs of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of
Page 3859
the City of Thomasville, was filed in his office on the 24th day of October, 1966, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the clerk of the City of Thomasville, with a copy of the required notice of publication, attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published by law, has been filed in this office on the 17th day of November, 1966. /s/ W. A. Watts, Jr. Clerk of Superior Court of Thomas County, Georgia. Sworn to and subscribed before me, this the 17 day of Nov., 1966. /s/ Anne Maddox, Notary Public. (Seal). 3/15/67A true copy of ordinance and certificates relating to same. J. F. Ariail, City Clerk Filed in office of Secretary of State March 20, 1967. CITY OF THOMASVILLEELECTIONS. An Ordinance to amend the charter of the City of Thomasville by adding thereto a new section to be known as section 44-A to provide that the names of persons who do not vote in two (2) successive general elections shall be deleted from the permanent qualification book and such persons shall not be qualified to vote in city elections
Page 3860
until and unless they re-register as provided by such charter; to repeal all charter provisions and ordinances in conflict herewith; and for other purposes. Section I. Be it ordained by the board of commissioners for the City of Thomasville and it is hereby ordained by authority of same, that the charter of the City of Thomasville be amended by adding thereto a new and distinct sub section to be known as Section 44-A, as follows: Section 44-A. Notwithstanding any other provision of this charter, the name of any elector who fails to vote in two (2) successive city general elections from and after the passage of this charter amendment, shall be deleted from the permanent qualification book and such elector shall not thereafter be permitted to vote in any city general election or special election unless and until he re-registers under the provisions of the charter of the City of Thomasville. Section II. Be it further ordained that all portions of the charter amendment thereto and all ordinances in conflict herewith be and the same are hereby repealed. Section III. Be it further ordained that this charter amendment shall become effective on and after final passage of this ordinance. Section IV. Be it further ordained that a notice, copy of which is attached hereto, and made a part hereof, which notice embodies among other things, the substance of this ordinance, be published in the Thomasville Times-Enterprise, the official organ of Thomas County, Georgia, in which the City of Thomasville is located, once a week for three (3) weeks within a period of sixty (60) days immediately preceding the final adoption of this ordinance. Passed and enacted by unanimous vote of the board of commissioners into an ordinance of the City of Thomasville, at a lawful meeting of the board of commissioners of said city on this 13th day of March, 1967, after having been introduced and read the first time on the 27th day of
Page 3861
February, 1967, and adopted on the 13th day of March, 1967. /s/ Roy M. Lilly, Mayor /s/ Julius F. Ariail, Clerk Notice of intention to amend the charter of the City of Thomasville by ordinance pursuant to the provisions of that Act of the General Assembly of Georgia known as the Municipal Home Rule Act of 1965. City of Thomasville, Georgia: Notice is hereby given that an ordinance has been introduced, read and duly adopted for the first time at the regular meeting of the board of commissioners of the City of Thomasville held on January 9, 1967, and that this ordinance will be read and considered for final adoption at the second regular meeting of the board of commissioners of the City of Thomasville to be held March 13, 1967. Said proposed ordinance amending the charter of the City of Thomasville by adding a new section to be known as section 44-A, to provide that the name of any elector who fails to vote in two (2) successive city general elections from and after the adoption of this ordinance, shall be dropped from the permanent qualification book of the City of Thomasville and that such elector shall not thereafter be permitted to vote in any general or special election in the City of Thomasville until he re-registers as provided by the charter of the City of Thomasville. A copy of this proposed amendment to the charter of the City of Thomasville is on file at the office of the clerk of the City of Thomasville and also on file in the office of the clerk of the superior court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all is required by law. This the 13th day of February, 1967. /s/ Marcus B. Calhoun, Attorney for the City of Thomasville
Page 3862
Georgia, Thomas County. Personally appeared before me, the undersigned attesting officer, Lee E. Kelly, Jr., who, on oath, deposes and says that he is the President of that corporation known as the Times-Enterprise Company, Inc., and that that corporation publishes the Thomasville Times-Enterprise daily edition; and that the Thomasville Times-Enterprise daily edition published on the Friday of each week is the newspaper in which sheriff's advertisements for Thomas County, Georgia, are published. Further deposing, he says that as president of that corporation, he is the person duly vested with authority to sign for the corporation in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the charter of the City of Thomasville, was published in the Thomasville Times-Enterprise daily edition on the 17th day of February, 1967, and on the 24th and the 3rd days of March, 1967. This the 21st day of March, 1968. /s/ Lee E. Kelly, Jr., President of the Times- Enterprise Company, Inc. Sworn to and subscribed before me, this the 21 day of March, 1967. /s/ Marcus B. Calhoun, Notary Public. (Seal). Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Julius F. Ariail, clerk for the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville, was filed in his office on the 17th day of February, 1967, for the purpose of examination and inspection by the public.
Page 3863
Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the board of commissioners for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the board of commissioners held in chambers of the 13th day of March, 1967, the original of which is in my possession and appears as a part of the official minutes of that meeting. /s/ Julius F. Ariail City Clerk Sworn to and subscribed before me, this the 21 day of March, 1967. /s/ Marcus B. Calhoun, Notary Public. (Seal). Georgia, Thomas County. Personally appeared before the undersigned attesting officer, W. A. Watt, Jr., clerk of the superior court of Thomas County, Georgia, being the legal situs of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville, was filed in his office on the 17th day of February, 1967, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the charter of the City of Thomasville, properly certified to by the clerk of the City of Thomasville, with a copy of the required notice of publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published
Page 3864
as provided by law, has been filed in this office on the 10 day of July, 1967. /s/ W. A. Watt, Jr., Clerk of Superior Court of Thomas County, Georgia. Sworn to and subscribed before me, this the 10 day of July, 1967. /s/ Mary A. Bacon, Notary Public. (Seal). State of Georgia, County of Thomas. The above and foregoing is a true and correct copy of ordinance of the City of Thomasville, Ga., duly adopted Mar. 13, 1967. In testimony whereof, witness my hand and the seal of said city, this the 19th day of July, 1967. /s/ Julius F. Ariail City Clerk Filed in office of Secretary of State July 20, 1967.
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ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTION AMENDMENT PROVIDING HOME RULE FOR COUNTIES
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PULASKI COUNTYCLERK OF COUNTY COMMISSIONER. Whereas the Georgia Legislature, at its 1960 session, did pass a certain local act relating to the salary of the clerk of the county commissioner of Pulaski County, Georgia, in which the salary of said clerk was set at three thousand ($3,000.00) dollars per year, payable monthly out of the treasury of said county, which act was approved March 17, 1960, and is contained in the Georgia Laws of 1960, Vol. 2, page 301-4 inclusive, and Whereas under the Home Rule for Counties Act duly adopted by the legislature of the State of Georgia at its regular 1965 session, which act was a proposed amendment to the constitution of Georgia, which amendment was duly ratified by the voters of said state, and the general election of November 8, 1966, and which amendment has by proclamation of the Hon. Carl E. Sanders, Governor of said state at such time, duly proclaimed to be a part of the constitution of said State of Georgia, which Home Rule for Counties amendment to the constitution is contained in Georgia Laws of 1965, Vol. I, page 752-8 inclusive, which act and local amendment grants unto the governing bodies of the various counties of Georgia the right to amend or repeal local acts relating to county governments and provides for the method of so doing, and which act in paragraph two thereof grants unto the governing authority of each county of the state the power to fix the salary, compensation and expenses of those employed by said governing authority, and Whereas the salary of three thousand ($3,000.00) dollars per year to be paid the clerk of the commissioner of roads and revenues of Pulaski County, as provided in said act of 1960, is insufficient and a person qualified and capable of performing the enormous duties of said clerk cannot be employed or retained for the sum of three thousand ($3,000.00) dollars per year; Now, by the authority vested in me under the provisions of said local amendment above referred to, it is hereby resolved
Page 3867
that section two of said act of 1960 above referred to is hereby amended by striking therefrom the words Three Thousand ($3,000.00) Dollars and substituting therefor the words Three Thousand Six Sundred ($3,600.00) Dollars so that said Section, as amended hereby, shall read as follows: Be it further enacted by the authority aforesaid that the commissioner of roads and revenues of the County of Pulaski shall have the authority to employ a clerk of said board whose duty shall be to keep the books of the board and to make a record of all the acts and doings of the board in the minute books kept for such purpose, and also shall keep all other records and accounts of the board and perform such other acts and duties as may be required by the board, not inconsistent with the provisions of this act or of the laws of the State, said clerk to be paid an annual salary not to exceed the sum of three thousand six hundred ($3,600.00) dollars, said sum to be paid monthly out of the treasury of said county. Be it further resolved that notice of this amendment to local law above referred to, contained a synopsis of said proposed amendment, be published in the Hawkinsville Dispatch News, the official organ of said county, once a week for three weeks and that a copy hereof be filed in the office of the clerk of the superior court of Pulaski County, Georgia, all as provided by law. Done in open meeting this February 7, 1967. W. A. Sapp, Commissioner Roads Revenues Pulaski County, Georgia Read, considered and adopted first time, February 7, 1967. W. A. Sapp, Commissioner Roads Revenues Pulaski County, Georgia
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Read, considered and adopted second time, March 7, 1967. W. A. Sapp, Commissioner Roads Revenues Pulaski County, Georgia Georgia, Pulaski County: I, John C. McCune, editor and publisher of the Hawkinsville Dispatch News, a newspaper published in Hawkinsville, Pulaski County, Georgia, with a general circulation in said county, and being the legal gazette of Pulaski County, Georgia, being sworn, depose and state on oath as follows: That the attached notice, being legal citation of the sole commissioner of roads and revenues of Pulaski County, Georgia, relating to the resolution of said commissioner amending a local act of the 1960 Session of the Georgia Legislature relating to the salary of the clerk of the county commissioner of Pulaski County, Georgia, was published in said newspaper in the issues of February 8, 15 and 22, 1967. This March 8, 1967. /s/ John C. McCune Sworn to and subscribed to in the presence of the undersigned, this March 8, 1967: /s/ Leon H. Williams, Notary Public, Pulaski County, Georgia. Commission expires May 15, 1969. Notice. Notice is hereby given that at the regular meeting of the commissioner of roads and revenues of Pulaski County, Georgia, held on February 7, 1967, a resolution was passed and adopted by said commissioner of roads and revenues to amend the Act of the 1960 session of the Georgia legislature, being a local Act relating to the salary of the clerk
Page 3869
of the county commissioner of Pulaski County, Georgia, by increasing the salary of said clerk from the sum of $3,000.00 per year to the sum of $3,600.00 per year and that said matter will again be considered and passed upon by the commissioner of roads and revenues of Pulaski County, Georgia, at its regular meeting to be held March 7, 1967. A copy of said resolution and amendment is on file in the office of the clerk of Pulaski County superior court where the public may examine same. This action being taken under the power granted in the amendment to the constitution of the State of Georgia contained in Georgia Laws, 1965, Vol. I, pages 752-8 inclusive known as Home Rule for Counties which constitutional amendment was duly adopted at a referendum held November 8, 1966, and in the proclamation of the Governor of the State of Georgia dated the 14 day of December, 1966. This February 7, 1967. W. A. Sapp, Commissioner Roads and Revenues Pulaski County, Georgia Filed in office of Secretary of State March 10, 1967.
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VETOES (1967-1968 Session) Veto No. Bill No. Subject Veto Date No. 1 HB 470 To amend an Act known as the City of Atlanta and Fulton County Recreation Authority Act, so as to provide for additional members of said authority; and for other purposes. 3-17-67 No. 2 HB 210 Brunswick Judicial Circuitcreating an additional Judge of the Superior Courts 3-27-67 No. 3 HB 138 RadarTo provide for the use of speed protection devices by counties and municipalities. 4-11-67 No. 4 HB 57 Revenue Commissioner issuance of license plates and decals. 4-18-67 No. 5 HB 107 Medical records permit disclosures of information 4-18-67 No. 6 HB 825 Sylvania-Screven Airport Authority 4-18-67 No. 7 SB 36 Supreme and Appeals Court Judgescompensation 4-18-67 No. 8 HB 21 CustodyChild testify which parent if 14 years 4-21-67 No. 9 HB 103 Atlanta; Municipalities; certain dwellingsrepair 4-21-67 No. 10 HB 292 Ocmulgee Judicial Circuitadditional judge Superior Court 4-21-67 No. 11 HB 300 Atlanta, City of: Liens: vacating costs 4-21-67 No. 12 HB 577 Leary, City of: Mayor and Councilterms 4-21-67 No. 13 HB 779 City of Augusta, Sale of Allen Park 4-21-67 No. 14 SB 113 Superior Court Judges Emeritusserve in any superior court 4-21-67 No. 15 SB 158 Barrow Countyconsolidation of schoolsapproved by voters 4-21-67 No. 16 HR 52-134 Atlanta Judicial Circuit Sup. Ct. Judges: Sup. Ct. Reportscertain volumes 4-21-67 No. 17 HB 918 To amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, so as to change the number of commissioners; etc. 2-29-68 No. 18 HB 919 To provide for the election of members of the Board of Education of Tattnall County; etc. 2-29-68 No. 19 HB 1627 To amend an Act to create and incorporate the City of Morrow in the County of Clayton and grant a charter to that municipality under that name and style, so as to provide for a referendum for annexation of property to be held within six months after passage of this Act; and for other purposes. 3-25-68 No. 20 HB 1023 To amend Code Chapter 34-10, so as to provide that all petitions for the nominations of candidates shall be filed with the Ordinary of that county within which the petition was circulated and signatures compiled; and for other purposes. 3-29-68 No. 21 HR 523-1104 To create a Constitution Revision Commission; and for other purposes. 4-9-68 No. 22 HB 869 An Act to amend an Act providing for grants to counties, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes. 4-12-68 No. 23 HB 952 To amend an Act establishing the Teachers' Retirement System, so as to provide that the term earnable compensation shall include compensation paid to a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes. 4-12-68 No. 24 HB 1103 To amend an Act known as the Minimum Foundation Program of Education Act, so as to change the provisions relating to the allotment of teachers; and for other purposes. 4-12-68 No. 25 HB 1156 To amend an Act known as The Georgia Public Assistance Act of 1965, so as to provide that acceptance of public assistance payments after a certain date shall constitute a debt of the recipient; and for other purposes. 4-12-68 No. 26 HB 1221 To revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes. 4-12-68 No. 27 HB 1292 To amend Code Section 109A-2-316 of the Uniform Commercial Code, so as to exclude from the application of the implied warranties of merchantability and fitness for particular purpose the storage, etc., distribution or use of whole human blood, blood plasma, etc., for the purpose of injecting, transfusing, incorporating or transplanting any of them into the human body; and for other purposes. 4-12-68 No. 28 HB 1502 To amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; to provide for certain services to be rendered by the City of Lyons; and for other purposes. 4-12-68 No. 29 HB 1557 To amend an Act creating a board of commissioners of roads and revenues for Jones County, so as to provide for commissioner posts; and for other purposes. 4-12-68 No. 30 HB 1600 To provide for the election of members of the board of education of Butts County; and for other purposes. 4-12-68 No. 31 SB 199 To amend the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, so as to place the Board of Corrections and its penal institutions under the provisions of said Act; to repeal conflicting laws; and for other purposes. 4-12-68 No. 32 SB 202 To amend the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, as to place the Board of Pardons and Paroles and the State Board of Probation under the provisions of said Act for rule making purposes; to repeal conflicting laws; and for other purposes. 4-12-68 No. 33 SB 247 To amend an Act known as the Minimum Foundation Program of Education Act, so as to change the provisions relating to the allotment of teachers; to repeal conflicting laws and; for other purposes. 4-12-68 No. 34 SB 248 To amend an Act known as the Housing Authorities Law, to provide for the authorities created by said Act shall be known as a Housing and Redevelopment Authority under certain circumstances; to increase the membership of housing authorities in certain municipalities; and for other purposes. 4-12-68 No. 35 SB 274 To amend an Act entitled An Act to amend an Act entitled `An Act to establish the Criminal Court of Atlanta, pertaining to the offices of Judge and Solicitor-General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes. 4-12-68 No. 36 SB 277 To amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia pertaining to the office of Judge of the Civil Court of Fulton County; to repeal conflicting laws; and for other purposes. 4-12-68 No. 37 SB 313 To amend an Act to grant to the incorporated municipalities of this state having a population of more than 300,000 certain basic powers; to repeal conflicting laws; and for other purposes. 4-12-68 No. 38 SB 365 To amend an Act creating the Cobb County-Marietta Water Authority, so as to change the rate of interest payable and maturity date on revenue bonds; to repeal conflicting laws; and for other purposes. 4-12-68 No. 39 SB 353 To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, so as to clarify what costs may be capitalized as costs of a rapid transit system or project; to repeal conflicting laws; and for other purposes. 4-12-68
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COUNTIES AND SUPERIOR COURT CIRCUITS
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APPELLATE COURTS SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice BOND ALMAND Presiding Justice CARLTON MOBLEY Associate Justice BENNING M. GRICE Associate Justice H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice JOHN E. FRANKUM Associate Justice ROBERT H. BRINSON, JR. Law Assistant JAMES MICHAEL NEY Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant H. GRADY ALMAND Law Assistant HENRY H. COBB Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. CARRIE L. BELL 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 JOHN SAMMONS BELL Presiding Judge ROBERT H. JORDAN Presiding Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge CHARLES A. PANNELL Judge BRASWELL DEEN, JR. Judge J. KELLEY QUILLIAN Judge GEORGE P. WHITMAN, SR. Judge CHARLES N. HOOPER Law Assistant EUGENE HIGHSMITH Law Assistant JOHN ANDY SMITH, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant JULIAN H. STEWART Law Assistant LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY Law Assistant T. MIL CLYBURN, JR. Law Assistant MARSHALL HELMS Law Assistant MORGAN THOMAS Clerk MISS EDNA EARL BENNETT Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter
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SUPERIOR COURT CALENDAR FOR 1968 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, Lenox, Ga. 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. ATLANTA CIRCUIT. HONS. CLAUDE D. SHAW, Chief Judge, LUTHER ALVERSON, SAM P. McKENZIE, DURWOOD T. PYE, J. C. (JEP) TANKSLEY, JACK P. ETHERIDGE, CHARLES A WOFFORD, SIDNEY T. SCHELL, LLOYD ELMO HOLT, Judges, Atlanta. LEWIS R. SLATON, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. PAUL E. CASWELL, Judge, Hinesville. J. MAX CHENEY, Solicitor-General, Reidsville. BryanThird Monday in March; 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; first Monday in December. TattnallThird Mondays in April and October.
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AUGUSTA CIRCUIT. HONS. F. FREDERICK KENNEDY, JOHN F. HARDIN, C. WESLEY KILLEBREW, Judges, Augusta. GEORGE HAINS, Solicitor-General, Augusta. BurkeFourth Mondays in April and October. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November. BLUE RIDGE CIRCUIT. HONS. H. GRADY VANDIVIERE, Judge, 373 Main St., Canton. MARION T. POPE, JR., Judge, P. O. Box 589, Canton. C. B. (BUTCH) HOLCOMB, Solicitor-General, P. O. Box 248, Canton. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninThird Monday in April and 4th Monday in August; first Monday in December. ForsythFourth Mondays in March and July; second Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensSecond Monday in March; fourth Monday in September. BRUNSWICK CIRCUIT. HONS. WINEBERT DAN FLEXER, Judge, Brunswick. JACK W. BALLENGER, Judge, Rt. 2, Baxley. GLENN THOMAS, JR., Solicitor-General, 166 Groveland St., Jesup. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Mondays in April and November; third Monday in June. GlynnSecond Mondays in January, May, and September. Jeff DavisFirst and second Mondays in March, June, and December; fourth Monday in September; first Monday in October. WayneThird and fourth Mondays in April and November; fourth Mondays in January and June.
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CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS Judge, P.O. Box 789, Columbus, JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus W. B. SKIPWORTH, JR., Solicitor-General, P.O. Box 1867, 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, Box 128, Cartersville. JERE F. WHITE, Solicitor-General, P.O. Box 43, 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. CLAYTON CIRCUIT. HONS. HAROLD BANKE, Judge,% Courthouse, Jonesboro. EDWIN S. KEMP, Judge, Jonesboro. ALBERT B. WALLACE, Solicitor-General, P.O. Box 147, Jonesboro. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HONS. ALBERT J. HENDERSON, JR., Judge, 107 Hemlock Dr., Marietta, CONLEY INGRAM, Judge, 461 Hickory Dr., Marietta. BEN F. SMITH, Solicitor-General, Marietta. CobbSecond Mondays in January, March, May, July, September and November.
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CONASAUGA CIRCUIT. HON. JAMES THOMAS POPE, JR., Judge, 510 Fairview Dr., Dalton. ROBERT VINING, JR., Solicitor-General, Box 184, Dalton. MurraySecond Mondays in February and October; fourth Monday in May; first Monday in August. WhitfieldSecond Mondays in January, July and September; first Mondays in March, May and November. CORDELE CIRCUIT. HON. WILLIAM LEROY McMURRAY, JR., Judge, P. O. Box 555, Cordele. D. E. TURK, Solicitor-General, Abbeville. 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, P. O. Box 315, Carrollton. ELDRIDGE FLEMING, Solicitor-General, Hogansville. 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. DOUGHERTY CIRCUIT. HON. GEORGE L. SABADOS, Judge, 1115 - 3rd Ave., Albany. ROBERT W. REYNOLDS, Solicitor-General, 230 Pine Ave., Albany. DoughertySecond Mondays in January, March, May, July, September, and November.
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DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 200 Woodridge St., 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. HUGH D. SOSEBEE, Judge, Forsyth. EDWARD E. McGARITY, Solicitor-General, P.O. Box 471, 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, and December; second and third Mondays in September. 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, P.O. Box 781, 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.
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GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. REID MERRITT, Solicitor-General, P. O. Box 352, Lawrenceville. Gwinnett: First Mondays in January, March, May, July and November; second Monday in September. LOOKOUT MOUNTAIN CIRCUIT. HONS. ROBERT E. (BOB) COKER, Judge, LaFayette; PAUL W. (JOHNNY) PAINTER, Judge, Rossville. EARL B. (BILL) SELF, Solicitor-General, P.O. Box 192, 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. HAL BELL, C. CLOUD MORGAN, GEORGE B. CULPEPPER, III, Judges, Macon. 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. WALTER C. McMILLAN, JR., Judge, P. O. Box 286, Sandersville. H. REGINALD THOMPSON, Solicitor-General, Swainsboro. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.
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MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, P.O. Box 345, Toccoa. HERBERT B. KIMZEY, Solicitor-General, P. O. Box 38, Cornelia. HabershamFirst Mondays in February and November; third Monday in June. RabunFourth Mondays in February and November; first Monday in August. StephensSecond Mondays in January, May and October. TownsFourth Monday in March; first Monday in June; second Monday in September. UnionThird Mondays in April and August; second Monday in December. NORTHEASTERN CIRCUIT. HONS. A. R. KENYON, Judge, Gainesville. JOSEPH H. BLACKSHEAR, Judge, Gainesville. JEFF WAYNE, Solicitor-General, Gainesville. DawsonFirst Mondays in February and August. HallFirst Mondays in May and November; second Mondays in January, March, July and September. LumpkinFourth Mondays in February and August. WhiteFirst Mondays in April and October. NORTHERN CIRCUIT. HON. JOHN W. (BILLY) WILLIFORD, Judge, 145 Parkwood Dr., Elberton. CLETE D. JOHNSON, Solicitor-General, Box 245, 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; first Monday in November.
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OCMULGEE CIRCUIT. HONS. GEORGE S. CARPENTER, Milledgeville, GEORGE L. JACKSON, Judges, Gray, Ga. GEORGE D. LAWRENCE, Solicitor-General, P.O. Box 87, 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. JAMES B. O'CONNOR, Judge, P. O. Box 465, McRae. ALBERT D. MULLIS, Solicitor-General, P. O. Box 477, 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.
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PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. JOE M. RAY, Solicitor-General, Box 7, Cuthbert. ClayThird Mondays in March and November. EarlyThird Mondays in January and July. MillerFourth Mondays in April and September. 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. MARK DUNAHOO, Judge, P. O. Box 553, Winder. GEORGE WESLEY CHANNELL, 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. ROBERT G. WALTHER, Solicitor-General, Rome. FloydSecond Mondays in January, March, July, and September; first Mondays in May and November. SOUTH GEORGIA CIRCUIT. HON. ROBERT E. L. CULPEPPER, JR., Judge, Camilla. FRED B. HAND, JR., Solicitor-General, P. O. Box 306, Pelham. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. DecaturFirst Mondays in May and November. GradyThird Mondays in March and September. MitchellSecond Mondays in January and July; third Mondays in April and October.
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SOUTHERN CIRCUIT. HON. GEORGE R. LILLY, Judge, Quitman. MARCUS B. CALHOUN, Solicitor-General, Thomasville. 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. SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, P. O. Box 798, Americus. J. FRANK MYERS, Solicitor-General, P.O. Box 1407, Americus. LeeFourth Mondays in April and October. MaconSecond Mondays in May and November. SchleySecond Mondays in February and August. StewartSecond Mondays in January and July. SumterFourth Monday in May; and first Monday in December. WebsterFourth Mondays in January and July. STONE MOUNTAIN CIRCUIT. HONS. H. FRANK GUESS, Decatur; H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers, CLARENCE L. PEELER, JR., Decatur; HUBERT C. MORGAN, Decatur; Judges. RICHARD BELL, Solicitor-General, 794 Allgood Rd., Rt. 5, Stone Mountain. 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. DAN WINN, Judge, Cedartown. JOHN T. PERREN, Solicitor-General, Dallas. DouglasThird Mondays in March and September. HaralsonFourth Monday in April; second Mondays in August and November. Paulding: Second Monday in April; fourth Monday in July; third Monday in October. Polk: Fourth Mondays in February and August.
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TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, P. O. Box 253, Tifton. IrwinThird and fourth Mondays in February; second and third Mondays in May and November. 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. ROBERT L. STEVENS, Judge, P. O. Box 27, Thomson. KENNETH E. GOOLSBY, Solicitor-General, P. O. Box 405, 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 Monday in January; first Monday in April; second Monday in September; 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.
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WESTERN CIRCUIT. HON. JAMES BARROW, Judge, Athens. THOMAS W. RIDGWAY, Solicitor-General, P. O. Box 166, Monroe. ClarkeSecond Mondays in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August, and November.
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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Amendment or submission of new Constitution to the people 1576 Baldwin County; motor vehicle registration 1841 Bartow County; water, sewerage, garbage disposal and fire protection districts 1852 Bonds for loands to students 1597 Brantley County Development Authority 1731 Bryan County Industrial Development Authority 1680 Butts County Industrial Development Authority 1614 Calhoun County Development Authority 1672 Camden County Development Authority resolution repealed 1179 Chattahoochee County Industrial Development Authority 1640 Chattooga County Board of Education 1764 Chattooga County; motor vehicle ad valorem taxes 1766 Cherokee County Airport Authority 1545 Cherokee County; fire protection districts 1743 City of Acworth; homestead exemptions 1524 City of AlbanyDougherty County; boards of tax assessors, etc. 1520 City of Atlanta; debt limit 1579 City of Atlanta; historic zone 1826 City of Atlanta; issuance of bonds without referendum 1582 , 1586 , 1589 City of Blue Ridge Industrial Development Authority 1828 City of Dalton Building Authority 1466 City of Decatur; off street parking 1515 City of Marietta; homestead exemptions 1678 City of Savannah; historic zones 1591 City of Savannah; taxation 1745 City of Thomaston-Upson County; joint board of tax assessors, etc. 1503 City of Woodland Development Authority 1699 Clarke County Board of Education 1530 Clarke County-City of Athens; taxation 1822 Clay County Development Authority 1634 Cobb County; education district No. 2 1529 Cochran-Bleckley School System 1795 Colquitt and Miller County Development Authority 1543 Cordele Office Building Authority 1715 Coweta County; bonds 1449 Coweta County School System 1452 Creation of development authorities authorized 1606 Crisp County-Cordele Industrial Development Authority 1757 Dalton-Whitfield County Development Authority 1482 Decatur County-Bainbridge Industrial Development Authority 1780 Decatur County; jurisdiction of justices of the peace 1539 Department of Industry and Trade; expenditures 1882 Disabled Veterans Homestead Exemption 1632
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Dodge County-Eastman Development Authority 1693 Dooly County Industrial Development Authority 1768 Douglas County; water sanitation, sewerage and fire protection districts 1791 Early County Development Authority 1608 Effingham County Industrial Development Authority 1733 Elbert County Industrial Building Authority 1600 Election of Executive Officers 1560 Election of Governor 1562 Evans County Industrial Development Authority 1556 Fayette County; water, sewerage and fire protection districts 1517 Floyd County; insurance for board of education employees 1584 Floyd County; terms of members of board of education 1798 Fulton County; acceptance of personal checks by tax commissioner 1571 Game and Fish Commission 1627 Game and Fish Commission; employees' compensation 1886 General Assembly members' terms 1565 Gilmer; issuance of tax fi. fas. by tax commissioner 1488 Glascock County Industrial Development Authority 1866 Gwinnett County Board of Education 1887 Gwinnett County; merit system of employment 1884 Henry County; form of government 1741 Henry County; indebtedness for water and sewerage purposes 1774 Henry County; tax to support water authority, etc. 1739 Homestead exemptions for persons over 65 years of age 1690 Houston County Building Commission 1807 Houston County; creation of special court authorized 1805 Jackson County Industrial Development Authority 1800 Jasper County Industrial Development Authority 1550 Justices of the peace; jurisdiction in civil cases 1594 Lee County Development Authority 1532 Lincolnton and Lincoln County Development Authority 1702 Lowndes County-City of Valdosta; authority to consolidate ad valorem tax matters 1777 McIntosh County Industrial Development Authority 1834 Marketing of milk regulated by General Assembly 1588 Milledgeville-Baldwin County Industrial Development Authority 1490 Muscogee County Airport Commission 1655 Muscogee County-City of Columbus; charter commission 1508 Muscogee County; ordinances 1526 Muscogee County; sanitation districts 1540 Office of solicitor general designated as district attorney 1567 Promotion of agricultural and other products 1707 Public School Employees Retirement System 1595 Pulaski County-Hawkinsville Development Authority 1496 Putnam County Development Authority 1860 Quitman County Industrial Development Authority 1620 Richmond County; authority of General Assembly to consolidate governments 1787
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Richmond County; ordinances 1506 Rockdale County; bonds for education purposes 1878 Scholarships to children of certain law enforcement officers, firemen and prison guards 1573 Screven County; tax to support Sylvania-Screven Airport Authority 1755 Spalding County fire protection districts 1704 State Medical Education Board 1686 Stephens County Development Authority 1854 Stewart County Industrial Development Authority 1647 Succession to Governorship in event of death of Governor-Elect 1558 Tattnall County Industrial Development Authority 1662 Taylor County Industrial Development Authority 1709 Town of Waverly Hall Development Authority 1844 Ware County and City of Waycross; consolidation of governments 1846 Ware County; duties of sheriff; county police force 1880 Warren County Industrial Development Authority 1872 Webster County Industrial Development Authority 1748 CODE SECTIONS 8-109Amended Affidavits for attachment 1013 9-103Amended Applications for admission to practice law 1159 Title 13Amended Banks and banking, capital stock, etc. 1045 13-1802Enacted Banks and banking, incidental powers of banks 1044 13-2012Amended Banks and banking, loans to officers, etc. 329 13-2023Amended Banks and banking, purchase of stock and investments 1162 13-2023.1Enacted Banks and banking, investments 1042 20-506Amended Attorney's fees on notes, etc. 317 Title 22Amended Corporation Code 565 23-1109Amended Fees of county surveyors 1413 24-113Enacted Court personnel authorized to attend conferences, etc. 1191 24-2715Amended Microfilming of proceedings in civil suits 1117 24-2823Amended Sheriffs' fees 988 24-3104Amended Compensation of court reporters 1230 Chapter 25-1Amended Credit unions 465 Title 26Amended Criminal Code of Georgia 1249 Chapter 26-11Amended Abortion, foeticide and infanticide 1432 26-1902Amended Conspiracy to commit crimes 326 26-2816Enacted Fraudulent conversion of leased personal property 1041 26-6907Repealed Discharge of firearms on Sunday 1246 31-110Amended Dower rights 1227 32-911Amended Immunization of pupils of public schools 1436 Title 34Amended Georgia Election Code amended 871 Title 34Amended Presidential electors 851
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34-201, 34-202Amended State Election Board 862 34-602Amended Voter qualifications 847 34-704.1Enacted Election districts 860 34-1001Amended Notices of candidacy 826 , 858 34-1010Amended Presidential electors 257 34-1012Enacted Nomination of candidates by conventions 867 34-1218Amended Vote recorders 861 34-1307AEnacted Unlawful campaign practices 828 34-1333Amended Method of casting votes 850 34-1514Amended Presidential electors 257 Title 34AEnacted Georgia Municipal Election Code 885 39-1105Amended Rates for legal advertisements 126 42-205Repealed Commercial feeding stuffs 288 42-209Repealed Commercial feeding stuffs 288 47-101Amended Reapportionment of House of Representatives 209 47-102Amended Reapportionment of Senate 36 47-102Amended 32nd Senatorial district 560 49-102Amended Bonds of natural guardians 1039 49-701Amended Guardian and Ward 1363 53-204Amended Parental consent for underage marriages 382 56-407AAmended Uninsured motor vehicles defined, etc. 1089 56-407AAmended Uninsured motorist policies 1415 56-1310Amended Municipal taxation of life insurance companies 1396 56-2430Amended Automobile insurance policies 1126 56-2439Enacted Aircraft liability insurance policies 1414 58-210Amended Contraband used in unlawful manufacture of liquor 1051 59-106Amended Grand and traverse jurors 533 59-106Amended Selection of grand jurors in certain counties (45,300-46,000) 371 61-302Amended Dispossessory warrants in certain counties (500,000 or more) 51 61-306Amended Eviction notices 124 61-306Amended Proceeding against tenants holding over in certain counties (500,000 or more) 1215 67-108.1Amended Registry of mortgages on property of railroads and other utilities 1150 67-2002(3)Amended Laborer's and materialmen's liens 317 Chapter 67-26Amended U. S. Internal Revenue taxes 561 68-214Amended Motor vehicle reflective license plates 424 68-525 (a)Amended Motor carriers 396 68-633Amended Motor common carriers 392 69-9901, 69-9902Repealed Municipal elections 885 74-111Amended Reports of cruel treatment of children 1196 79-504Enacted Certificate of change of name 327 84-211, 84-213Amended Registration of nonresident Certified Public Accountants, etc. 1232 84-409Amended Barbers 421 84-1404Amended Georgia Real Estate Commission 277
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84-1409Amended Georgia Real Estate Commission 277 87-201Amended Bond elections in certain counties (250,000-500,000) 1007 88-506Amended Hospitalization under court order 333 88-1305Amended Radiation Control Council 546 88-1306AEnacted Radioactive waste disposal 1152 88-1809Amended Bonds of hospital authorities 1097 88-1812Amended Bonds of hospital authorities 1098 88-2201Amended Hospital Advisory Council 1421 92-3106Amended Income tax exemptions for student dependents 1037 92-3109Amended Income tax deductions 539 92-3120Amended Income tax 116 92-4902Amended Tax Collectors' cash books 1115 92-5702, 92-5703Amended Revenue, fair market value, etc. 358 92-6402Amended Penalties for nonpayment of taxes in certain counties (150,000-179,999) 1067 95-1506Repealed Reports of State Highway Board to Governor 1064 100-108Amended Bonds given by State depositories 485 105-106Amended Liability of manufacturers and sellers of personal property 1166 105-108.1Enacted Liability of owners of watercraft 1416 109A-9-302Amended Security interests in property of certain utilities 1151 109A-2-328Amended Sales by auction 1101 113-821Amended Residuum 1070 113-903Amended Dower rights, etc. 1093 113-1005Amended Year's support 997 113-1401.1Enacted Appraisement of estates 474 Title 114Amended Workmen's Compensation 3 114-101Amended Workmen's Compensation Act amended 1163 COURTS SUPREME COURT Appellate Procedure Act of 1965 amended 1072 Civil Practice Act of 1966 amended 1036 , 1104 COURT OF APPEALS Appellate Procedure Act of 1965 amended 1072 Civil Practice Act of 1966 amended 1036 , 1104 SUPERIOR COURTS Atlanta Circuit; salaries of assistant solicitors-general 45 Atlanta Circuit; salary of solicitor general 1228 Atlantic Circuit; judge's secretary 50 Augusta Circuit; compensation of judges 355
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Baldwin; additional judge of superior court 343 Civil Practice Act of 1966 amended 1036 , 1104 Clayton Circuit; term of additional judge 348 Clerks retirement system amended 381 , 420 Clerks to record veterans discharge certificates 1201 Cobb Circuit; salaries, etc. 285 Compensation of executive secretaries and calendar clerks of judges in certain counties (135,000-140,000) 1417 Conasauga Circuit; judge's salary 377 Cordele Circuit; salary of solicitor general 19 Court reporters compensation 1230 Court reporters compensation in certain counties (500,000 or more) 2358 Eastern Circuit; judges' supplement 1168 Greene; additional judge of superior court 343 Griffin Circuit; compensation of court reporter 349 Griffin Circuit; salary of solicitor-general 455 Gwinnett Circuit; judge's salary 1365 Hancock; additional judge of superior court 343 Jasper; additional judge of superior court 343 Jones; additional judge of superior court 343 Judge of Superior Courts Emeritus Act amended 275 Jury Clerks in certain counties (46,000-47,000) 2286 Lookout Mountain Circuit; salaries of solicitor-general and clerk typist 48 Microfilming of proceedings in civil suits 1117 Morgan; additional judge of superior court 343 Ocmulgee Circuit; additional judge 343 Ogeechee Circuit; terms 871 Piedmont Circuit; solicitor-general placed on salary basis 1424 Pike; terms 1094 Putnam; additional judge of superior court 343 Sheriffs' fees 988 Solicitors-General compensation 992 Solicitors-General contingent expense allowance 535 Solicitor-General designated as district attorney, proposed amendment to the Constitution 1567 Stone Mountain Circuit; terms 376 Toombs Circuit Solicitor-General placed on salary basis 247 Wayne; grand juries 375 Wilkinson; additional judge of superior court 343 CITY COURTS Americus; name changed to Civil and Criminal Court of Sumter County, judge's salary 3428 Brunswick; deputy sheriffs 3539 Colquitt; name changed to Civil and Criminal Court of Colquitt County 2139 Dublin; name changed to State Court of Laurens County 2019 Habersham County; judge, practice and procedure 3678
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Jefferson; salaries, terms, etc. 3668 Lowndes; election of judge and solicitor 2332 Millen; salaries of judge and solicitor 2586 Springfield; judge's salary 2584 Statesboro; name changed to Civil and Criminal Court of Bulloch County, salaries 3433 Stephens County; salaries of judge and solicitor 3546 Waynesboro; compensation of judge and solicitor 2542 CIVIL AND CRIMINAL COURTS Bulloch County; name changed from City Court of Statesboro, salaries 3433 Cobb County; jurisdiction, clerk, salaries, etc. 2948 Colquitt County; name changed from City Court of Colquitt County 2139 DeKalb County; solicitor's salary, costs, etc. 2928 Grady County; salaries 2817 Sumter County; name changed from City Court of Americus, judges salary 3428 COUNTY COURTS Echols; judge's term of office 3419 CRIMINAL COURTS Fulton; correction of errors and appeals 2969 JUVENILE COURTS Clarke; judge's salary 3624 Glynn; judge's salary 3365 Judges salaries in certain counties (250,000-500,000) 2046 Juvenile Court Act Amended 1013 Law Study Commission created 1170 MUNICIPAL COURTS Columbus; dismissal for lack of prosecution, costs in dispossessory warrant cases 2706 Savannah; jurisdiction, procedure, costs 2576 STATE COURTS Houston; jurisdiction, solicitor's duties 2656 Laurens; name changed from City Court of Dublin 2019 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Atkinson; board of commissioners of roads and revenues, referendum 2882 Bacon; office of tax commissioner created, referendum 3542
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Baldwin; land conveyance to board of education 113 Baldwin; Milledgeville-Baldwin County Industrial Development Authority, proposed amendment to the Constitution 1490 Baldwin; motor vehicle registration, proposed amendment to the Constitution 1841 Baldwin; tax collector and tax receiver placed on salary basis 3505 Banks; solicitor-general placed on salary basis 1424 Barrow; solicitor-general placed on salary basis 1424 Bartow; deputy sheriffs, cooks 2742 Bartow; water, sewerage, garbage disposal and fire protection districts, proposed amendment to the Constitution 1852 Ben Hill; salary of solicitor-general 19 Berrien; commissioners of roads and revenues, referendum 2241 Berrien; tax commissioner placed on salary basis 3473 Bibb; board of education and orphanage, referendum 2835 Bleckley; Cochran-Bleckley School System, proposed amendment to the Constitution 1795 Brantley; commissioners of roads and revenues 2258 Brantley; development authority 3488 Brantley; development authority, proposed amendment to the Constitution 1731 Brantley; named officers placed on salary basis 2301 Brantley; office of treasurer abolished 2741 Bryan; compensation of ordinary 2320 Bryan; compensation of tax commissioner 2549 Bryan; industrial development authority, proposed amendment to the Constitution 1680 Bryan; judge of superior court's secretary 50 Brooks; compensation of county commissioners 2397 Bulloch; commissioners of roads and revenues 3632 Bulloch; salaries of sheriff and deputies 3442 Bulloch; salaries of tax commissioner's employees 3445 Bulloch; salary of clerk of superior court 3437 Bulloch; salary of ordinary 3439 Bulloch; superior court terms 871 Burke; compensation of superior court judges 355 Burke; sheriff's salary, etc. 2979 Butts; compensation of deputy sheriffs 2042 Butts; compensation of tax collector, etc. 2356 Butts; employees of clerk of superior court 2044 Butts; industrial development authority, proposed amendment to the Constitution 1614 Calhoun; development authority, proposed amendment to the Constitution 1672 Camden; resolution proposing Constitutional amendment creating development authority repealed 1179 Candler; board of education, referendum 2446 Carroll; board of education, referendum 2256 , 2841 Carroll; Water Authority Act amended 2368 Catoosa; law books 2308
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Catoosa; powers of utilities commissioners 2281 Catoosa; salaries of solicitor-general and clerk-typist 48 Charlton; compensation of deputy sheriffs 2336 Charlton; depository for public funds 2334 Charlton; employees of clerk of superior court 2563 Chatham; commissioner districts, etc. 2245 Chatham; Employee-Management Cooperation Act 2953 Chatham; Savannah-Chatham County, board of education, referendum 2636 Chatham; superior court judges' supplement 1168 Chattahoochee; board of education, referendum 2717 Chattahoochee; industrial development authority, proposed amendment to the Constitution 1640 Chattooga; board of education, proposed amendment to the Constitution 1764 Chattooga; compensation of deputy sheriffs, jailer 2792 Chattooga; motor vehicle ad valorem taxes, proposed amendment to the Constitution 1766 Chattooga; office of tax commissioner created 2492 Chattooga; salaries of solicitor-general and clerk-typist 48 Cherokee; airport authority, proposed amendment to the Constitution 1545 Cherokee; fire protection districts, proposed amendment to the Constitution 1743 Cherokee; school districts, referendum 3751 Clarke; board of education, proposed amendment to the Constitution 1530 Clarke; taxation, proposed amendment to the Constitution 1822 Clay; development authority, proposed amendment to the Constitution 1634 Clayton; board of county commissioners 3501 Clayton; Civil Service System Act amended 2759 Clayton; compensation of chairman of commissioners of roads and revenues 2579 Clayton; regulation and control of junkyards 2451 Clayton; term of additional judge of superior court 348 Clinch; salaries of sheriff and deputy sheriff 2890 Cobb; board of commissioners of roads and revenues 3581 Cobb; Cobb County-Marietta Water Authority Act amended 3533 Cobb; education district No. 2, proposed amendment to the Constitution 1529 Cobb; governmental and reorganization study commission 2868 Cobb; law books 2834 Cobb; law library 2878 Cobb; salaries of solicitor-general, assistant, etc. 285 Coffee; board of education, referendum 2177 Coffee; commissioners of roads and revenues, referendum 2181 Coffee; compensation of sheriff's clerk 2187 Coffee; duties of clerk of commissioners 2098
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Colquitt; compensation of ordinary 2141 Columbia; authority to construct streets, sidewalks, etc. 2440 Columbia; board of education, referendum 2708 Columbia; commissioners of roads and revenues 2338 Columbia; compensation of superior court judges 355 Columbia; sheriff's salary 2064 Cook; compensation of ordinary 2496 Coweta; bonds, proposed amendment to the Constitution 1449 Coweta; school system, proposed amendment to the Constitution 1452 Crisp; Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 1757 Crisp; salary of solicitor-general 19 Dade; salaries of solicitor-general and clerk-typist 48 Dawson; compensation of commissioner of roads and revenues 2353 Decatur; board of education, referendum 2565 Decatur; Decatur County-Bainbridge Industrial Development Authority, proposed amendment to the Constitution 1780 Decatur; jurisdiction of justices of the peace, proposed amendment to the Constitution 1539 Decatur; publication of receipts and expenditures by board of education 2556 DeKalb; commissioner districts 3658 DeKalb; merit salary increases 2047 DeKalb; Planning Commission Act amended 3456 DeKalb; political advertisements 2972 DeKalb; recorder's court clerk 3666 DeKalb; superior court terms 376 DeKalb; zoning 3406 Dodge; Dodge County-Eastman Development Authority, proposed amendment to the Constitution 1693 Dooly; clerical allowance for ordinary 2725 Dooly; industrial development authority, proposed amendment to the Constitution 1768 Dooly; salary of solicitor-general 19 Dooly; small claims court created 2429 Dougherty; City of Albany-Dougherty County boards of tax assessors, etc., proposed amendment to the Constitution 1520 Dougherty; compensation of ordinary 3771 Douglas; Act placing named officers on salary basis amended 2366 Douglas; board of education, referendum 2262 , 3764 Douglas; commissioners of roads and revenues 2294 Douglas; water, sanitation, sewerage and fire protection districts, proposed amendment to the Constitution 1791 Early; commissioners of roads and revenues 2110 Early; development authority, proposed amendment to the Constitution 1608 Echols; board of education, referendum 3514 Echols; terms of members of board of county commissioners 3418 Effingham; industrial development authority, proposed amendment to the Constitution 1733
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Effingham; superior court terms 871 Elbert; industrial building authority, proposed amendment to the Constitution 1600 Elbert; sheriff's budget 2554 Emanuel; board of education, referendum 2487 Evans; industrial development authority, proposed amendment to the Constitution 1556 Evans; judge of superior court's secretary 50 Evans; salaries of commissioners of roads and revenues and clerk 3460 Evans; salary of clerk of superior court 3459 Fannin; automobile allowance for sheriff and deputy sheriff 2713 Fannin; salary of county commissioners 3484 Fannin; tax collector placed on salary basis 3716 Fayette; salary of clerk of superior court 3551 Fayette; salary of ordinary 3662 Fayette; salary of solicitor-general 455 Fayette; salary of tax commissioner 3553 Fayette; sheriff's salary 3664 Fayette; water, sewerage and fire protection districts, proposed amendment to the Constitution 1517 Floyd; insurance for board of education employees, proposed amendment to the Constitution 1584 Floyd; merit system Act amended 3400 Floyd; terms of members of board of education, proposed amendment to the Constitution 1798 Forsyth; compensation of chairman and clerk of commissioners of roads and revenues 2570 Fulton; acceptance of personal checks by tax commissioner, proposed amendment to the Constitution 1571 Fulton; duties of tax commissioner, etc. 3453 , 3762 Fulton; employees' pensions 2149 , 2290 Fulton; public defender eligibile for retirement system membership 2309 Fulton; judges' and solicitor-general retirement fund of Fulton County amended 2864 Fulton; local education commission in Atlanta and Fulton County reestablished 3685 Fulton; salaries of assistant solicitors general 45 Fulton; salary of solicitor-general 1228 Gilmer; issuance of tax fi. fas. by tax commissioner, proposed amendment to the Constitution 1488 Gilmer; office of tax commissioner created 2305 Glascock; compensation of commissioners of roads and revenues 2444 Glascock; compensation of tax commissioner 2626 Glascock; compensation of treasurer 2442 Glascock; industrial development authority, proposed amendment to the Constitution 1866 Glascock; solicitor-general placed on salary basis 247 Glynn; Brunswick-Glynn County Charter Commission 2914
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Glynn; deputy sheriffs 3536 Gordon; clerk of superior court and ordinary placed on salary basis 2686 Gordon; commissioners of roads and revenues, referendum 2030 Gordon; development authority 3325 Grady; board of education, referendum 2120 Grady; salaries of sheriff's employees 2819 Greene; compensation of commissioners of roads and revenues 2615 Greene; compensation of named officers 2603 Greene; compensation of tax commissioner 2621 Gwinnett; board of commissioners of roads and revenues, referendum 2003 Gwinnett; board of education, proposed amendment to the Constitution 1887 Gwinnett; merit system of employment, proposed amendment to the Constitution 1884 Gwinnett; salary of judge of superior court 1365 Hancock; clerical help for tax commissioner 2314 Hancock; salaries of named officers 2534 Harris; small claims court Act amended 2462 Heard; deputy sheriffs 2701 Henry; board of county commissioners 3378 Henry; election of board of commissioners, referendum 3375 Henry; form of government, proposed amendment to the Constitution 1741 Henry; indebtedness for water and sewerage purposes, proposed amendment to the Constitution 1774 Henry; salaries of clerk of superior court and ordinary 3392 Henry; tax to support water authority, etc., proposed amendment to the Constitution 1739 Houston; budget of clerk of superior court 3369 Houston; budget of ordinary 3373 Houston; building commission, proposed amendment to the Constitution 1807 Houston; creation of special court authorized, proposed amendment to the Constitution 1805 Houston; sheriff's budget 3371 Houston; tax commissioner's budget 3367 Irwin; office of tax commissioner created, referendum 2822 Jackson; industrial development authority, proposed amendment to the Constitution 1800 Jackson; office of tax commissioner created, named officers placed on salary basis 2536 Jackson; solicitor-general placed on salary basis 1424 Jasper; commission posts 3629 Jasper; industrial development authority, proposed amendment to the Constitution 1550 Jefferson; members of board of education, referendum 3421 Jefferson; office of tax commissioner created 2573 Jenkins; board of commissioners of roads and revenues, referendum 2960
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Jenkins; board of education, referendum 2965 Jenkins; compensation of clerk of superior court 2373 Jenkins; compensation of ordinary 2375 Jenkins; superior court terms 871 Johnson; compensation of deputy sheriff 2723 Jones; deputy sheriffs 3431 Lee; development authority, proposed amendment to the Constitution 1532 Liberty; judge of superior court's secretary 50 Lincoln; Lincolnton and Lincoln County Development Authority created, proposed amendment to the Constitution 1702 Lincoln; solicitor-general placed on salary basis 247 Long; compensation of sheriff, etc. 2101 Long; county attorney 2581 Long; judge of superior court's secretary 50 Lowndes; authority to consolidate ad valorem tax matters with City of Valdosta, proposed amendment to the Constitution 1777 Lowndes; salary of chief deputy sheriff 3485 McDuffie; solicitor-general placed on salary basis 247 McIntosh; compensation of ordinary 2371 McIntosh; industrial development authority, proposed amendment to the Constitution 1834 McIntosh; judge of superior court's secretary 50 McIntosh; sheriff's expense allowance, etc. 2453 Macon; office of tax commissioner created, referendum 2663 Macon; salary of ordinary 2460 Madison; clerk of board of commissioners 3647 Madison; deputy sheriffs 3649 Madison; personnel in offices of clerk of superior court, ordinary and tax commissioner 3549 Meriwether; Act placing officers on salary basis amended 2103 Miller; board of education, referendum 2529 Miller; check system 2912 Miller; Colquitt and Miller County Development Authority, proposed amendment to the Constitution 1543 Mitchell; office of tax commissioner created 2267 Montgomery; salary of tax commissioner 3416 Morgan; compensation, etc. of named officers 2607 Morgan; compensation of commissioners of roads and revenues 3585 Morgan; office of tax commissioner created 2610 Morgan; office of treasurer abolished 2613 Murray; salary of judge of superior court 377 Muscogee; airport commission, proposed amendment to the Constitution 1655 Muscogee; Muscogee County-City of Columbus, charter commission, proposed amendment to the Constitution 1508 Muscogee; ordinances, proposed amendment to the Constitution 1526 Muscogee; sanitation districts, proposed amendment to the Constitution 1540
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Newton; Act placing sheriff on salary basis amended 2735 Newton; Superior court terms 376 Paulding; board of education, referendum 2381 Paulding; deputy sheriffs 2385 Paulding; water authority, sewerage system and fire districts 2678 Peach; clerk of superior court placed on salary basis 2671 Peach; ordinary placed on salary basis 2469 Peach; tax commissioner placed on salary basis 2667 Peach; terms of commissioners of roads and revenues 2473 Pierce; board of education, referendum 2761 Pierce; salaries of deputy sheriffs 2739 Pierce; salary of chairman of commissioners of roads and revenues 2649 Pike; compensation of superior court court reporter 349 Pike; salary of solicitor-general 455 Pike; terms of superior court 1094 Polk; annual audits 3450 Polk; employees 3635 Pulaski; Pulaski County-Hawkinsville Development Authority 1496 Putnam; development authority, proposed amendment to the Constitution 1860 Quitman; industrial development authority, proposed amendment to the Constitution 1620 Rabun; commissioners of roads and revenues, referendum 2272 Rabun; salaries of secretaries of ordinary, tax commissioner and clerk of superior court 2601 Richmond; authority of General Assembly to consolidate governments, proposed amendment to the Constitution 1787 Richmond; board of education, vacancies 3653 Richmond; compensation of superior court judges 355 Richmond; elections of members of county board of education 2684 Richmond; ordinances, proposed amendment to the Constitution 1506 Rockdale; bonds for education purposes, proposed amendment to the Constitution 1878 Rockdale; deputy sheriffs 2083 Rockdale; superior court terms 376 Screven; superior court terms 871 Screven; Sylvania-Screven Airport Authority Act 2787 Screven; tax to support Sylvania-Screven Airport Authority, proposed amendment to the Constitution 1755 Spalding; compensation of superior court court reporter 349 Spalding; fire protection districts, proposed amendment to the Constitution 1704 Spalding; salary of solicitor-general 455 Spalding; tax commissioner's office hours 2588 Stephens; development authority bonds 2527 Stephens; development authority, proposed amendment to the Constitution 1854 Stephens; salary of clerk of superior court, etc. 2848 Stephens; salary of ordinary, etc. 2850
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Stephens; sheriff's salary, etc. 2846 Stewart; clerk of superior court and ordinary placed on salary basis 2505 Stewart; compensation of commissioner of roads and revenues 2800 Stewart; compensation of tax commissioner 3618 Stewart; industrial development authority, proposed amendment to the Constitution 1647 Stewart; sheriff's salary 2509 Sumter; board of education, referendum 2065 Sumter; salaries of clerk of superior court and deputies 2071 Talbot; compensation of sheriff, etc. 2502 Talbot; compensation of tax commissioner 2500 Taliaferro; compensation of county commissioners 2075 Taliaferro; sheriff's salary 2073 Taliaferro; solicitor-general placed on salary basis 247 Tattnall; board of education 2077 Tattnall; commissioners of roads and revenues 2080 Tattnall; industrial development authority, proposed amendment to the Constitution 1662 Tattnall; judge of superior court's secretary 50 Taylor; industrial development authority, proposed amendment to the Constitution 1709 Telfair; members of hospital authority 2403 Tift; airport authority 2628 Tift; building permits 2674 Tift; vice chairman of commissioners of roads and revenues 2376 Toombs; board of education, referendum 3424 Toombs; compensation of sheriff 2436 Toombs; named officers placed on salary basis 2424 Toombs; office of tax commissioner created 2417 Troup; salaries of named officers 2689 Union; compensation of sheriff, etc. 2264 Upson; City of Thomaston-Upson County joint board of tax assessors, etc., proposed amendment to the Constitution 1503 Upson; compensation of superior court court reporter 349 Upson; joint board of tax assessors with City of Thomaston 2322 Upson; Members Thomaston-Upson County Office Building Authority 2558 Upson; salary of solicitor-general 455 Walker; board of education, referendum 2235 Walker; members rural water and sewer authority 3526 Walker; salaries of solicitor-general and clerk typist 48 Ware; consolidation of government with City of Waycross, proposed amendment to the Constitution 1846 Ware; duties of sheriff, county police force, proposed amendment to the Constitution 1880 Warren; industrial development authority, proposed amendment to the Constitution 1872 Warren; solicitor-general placed on salary basis 247 Washington; Act placing sheriff on salary basis amended 3395 Washington; Airport Authority 2748
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Washington; salary of clerk of superior court 2808 Wayne; board of education, referendum 3361 Wayne; exchange of lands authorized 1378 Wayne; grand juries 375 Wayne; terms of commissioners of roads and revenues 2746 Webster; industrial development authority, proposed amendment to the Constitution 1748 White; county depository 3755 Whitfield; compensation of board of commissioners 3682 Whitfield; Dalton-Whitfield County Development Authority, proposed amendment to the Constitution 1482 Whitfield; salaries of sheriff, clerk of superior court and ordinary 3510 Whitfield; salary of judge of superior court 377 Whitfield; salary of tax commissioner 3512 Wilcox; salary of solicitor-general 19 Wilkes; compensation of ordinary 2089 Wilkes; land conveyance 336 Wilkes; salary of deputy clerk of superior court 2810 Wilkes; solicitor-general placed on salary basis 247 Worth; clerk of superior court 2049 Worth; effective date of Act placing ordinary on salary basis 2051 COUNTIES AND COUNTY MATTERSBY POPULATION 2,000 or less Compensation of clerks of superior courts 3312 2,750-3,250 Compensation of commissioners of roads and revenues 2659 9,977-10,140 Small Claims Courts created 2386 13,430-13,660 Law libraries authorized 2287 16,700-16,800 Law libraries authorized 2292 22,000-23,400 Medical and scientific research facilities 2125 23,500-24,000 Law libraries 3313 25,250-28,250 Bookkeeping and accounting system 3312 44,000-45,300 Hunting with recorded sounds, etc. 3684 45,300-46,300 Law libraries created 2957 45,300-46,000 Selection of grand jurors 371 46,000-47,000 Jury clerks 2286 114,000-135,000 Law libraries Act amended 2875 135,000-140,000 Compensation of calendar clerks and executive secretaries of superior court judges 1417 135,000-140,000 Deposit of trash, garbage, etc. 3311 135,000-140,000 Sheriffs' employees 2654 150,000-179,999 Penalties for nonpayment of taxes 1067 250,000-500,000 Juvenile Court judges' salaries 2046 300,00 or more Joint Board of tax assessors Act amended 3709 300,000 or more Planning Commissions and Zoning Appeals Boards 3477 300,000 or more Salaries of clerks of superior courts 3309 300,000 or more Zoning and Planning Commissions Act amended 3769
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500,000 or more Board of elections 2867 500,000 or more Compensation of court reporters 2358 500,000 or more Compensation of ordinaries 2109 500,000 or more Dispossessory warrants 51 500,000 or more Duties of planning departments 3480 500,000 or more Hauling of gravel, dirt, etc. 2983 500,000 or more Proceedings against tenants holding over 1215 500,000 or more Salaries of clerks of superior courts 3309 500,000 or more Sheriff's salaries 3479 COUNTIES AND COUNTY MATTERSHOME RULE ACTIONS. Pulaski; clerk of county commissioners 3866 MUNICIPAL CORPORATIONS NAMED CITIES Acworth; homestead exemptions, proposed amendment to the Constitution 1524 Albany; charter amended 3352 Albany; City of Albany-Dougherty County boards of tax assessors, etc., proposed amendment to the Constitution 1520 Albany; contributions to employees pension fund 2455 Allentown; corporate limits 2348 Ambrose; treasurer's duties 2091 Athens; charter amended 2830 Athens; taxation, proposed amendment to the Constitution 1822 Atlanta; charter amended 3759 Atlanta; debt limit, proposed amendment to the Constitution 1579 Atlanta; historic zone, proposed amendment to the Constitution 1826 Atlanta; issuance of bonds without referendum, proposed amendment to the Constitution 1582 , 1586 , 1589 Atlanta; local education commission in Atlanta and Fulton County reestablished 3685 Atlanta; metropolitan planning district act amended 3494 Augusta; charter amended 2909 Augusta; civil service commission act amended 2703 Augusta; investment of pension funds 2457 Augusta; sale of Allen Park 2330 Austell; corporate limits 3614 Bainbridge; Decatur County-Bainbridge Industrial Development Authority, proposed amendment to the Constitution 1780 Bainbridge; number of aldermen, referendum 2756 Baldwin; major's term of office, referendum 2400 Baxley; charter amended 3596 Blakely; charter amended 2112 Blue Ridge; industrial development authority 1828 Boston; election of marshal 2498 Bowman; mayor, city clerk and treasurer 2551 Bremen; eminent domain 2727 Brooklet; punishment for violating ordinances 3448
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Broxton; treasurer's duties 2096 Brunswick; Brunswick-Glynn County Charter Commission 2914 Brunswick; corporate limits 3670 Brunswick; elections 3520 Brunswick; revenue raising ordinances 3397 Cartersville; charter amended 3315 Centerville; charter amended 2765 Chamblee; ad valorem and sanitary taxes 2715 Chattahoochee Plantation; corporate limits 3651 Claxton; compensation of mayor and aldermen 3475 Clermont; terms of mayor and councilmen 3693 Cleveland; charter amended 2142 Cochran; Cochran-Bleckly School System, proposed amendment to the Constitution 1795 Cochran; corporate limits, referendum 2278 College Park; charter amended 3640 Colquitt; Colquitt and Miller County Development Authority, proposed amendment to the Constitution 1543 Colquitt; corporate limits 2399 Columbus; Muscogee County-City of Columbus, Charter Commission, proposed amendment to the Constitution 1508 Cordele; Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 1757 Cordele; office building authority, proposed amendment to the Constitution 1715 Covington; conflicts of interest, crimes 2802 Cummings; charter amended 3345 Daisy; new charter, referendum 3722 Dalton; building authority, proposed amendment to the Constitution 1466 Dalton; corporate limits 2172 Dalton; Dalton-Whitfield County Development Authority, proposed amendment to the Constitution 1482 Dasher; charter amended 2350 Decatur; off street parking, proposed amendment to the Constitution 1515 Decatur; parking Authority Act 2892 Doerun; recorder's court 2126 Donalsonville; salaries of mayor and aldermen 2682 Doraville; charter amended 3336 Douglas; elections, city manager 2085 Douglasville; salaries 2298 Eastman; charter amended 2413 Eastman; Dodge County-Eastman Development Authority, proposed amendment to the Constitution 1693 East Thomaston; charter repealed 2561 Eatonton; salaries of members of council 3518 Elizabeth; corporate limits 2651 Folkston; authority to abandon named streets 2346 Folkston; city manager 3334 Folkston; corporate limits, referendum 2342
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Fort Oglethorpe; charter amended 3610 Franklin Springs; terms of mayor and councilmen 2546 Glenwood; mayor and councilmen 2798 Griffin; land conveyance authorized 1174 Guyton; voter registration and elections 3523 Hapeville; charter amended 3719 Hawkinsville; Pulaski County-Hawkinsville Development Authority, proposed amendment to the Constitution 1496 Hogansville; sale of public utilities 2525 Homeland; new charter, referendum 2984 Iron City; terms of mayor and aldermen 2814 Irwinton; new charter 3092 Ivey; corporate limits 3480 Jesup; charter amended 3356 LaGrange; new charter 2191 Lake City; charter amended 3712 Lawrenceville; corporate limits 2812 Leary; charter amended 2116 Lenox; authority to lease described land 2599 Lincolnton; Lincolnton and Lincoln County Development Authority created, proposed amendment to the Constitution 1702 Lookout Mountain; incorporated, referendum 2152 Lyons; charter amended 2052 McDonough; sale of public recreational facilities 3622 McRae; corporate limits 2405 McRae; elections 2729 Machinery City; charter repealed 3656 Macon; charter amended 2795 Manchester; elections 2107 Marietta; authority of school board to dispose of property 3710 Marietta; charter amended 2475 Marietta; Cobb County-Marietta Water Authority Act amended 3533 Marietta; corporate limits 3530 Marietta; homestead exemptions, proposed amendment to the Constitution 1678 Midway; salaries of mayor and councilmen 3681 Milan; corporate limits 2408 Milledgeville; Milledgeville-Baldwin County Industrial Development Authority, proposed amendment to the Constitution 1490 Morrow; charter amended 2853 Moultrie; charter amended, referendum 2130 Mount Vernon; corporate limits 2680 Nashville; corporate limits 3754 Nicholls; compensation of mayor and aldermen 2189 Nicholls; treasurer's duties 2093 North High Shoals; corporate limits 2624 Rayle; incorporated, referendum 3462 Riverdale; charter amended 3626 Rockmart; new charter 3224 Roswell; terms of mayor and councilmen 3577
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Rutledge; name changed to City of Rutledge, etc. 2617 Savannah; historic zones, proposed amendment to the Constitution 1591 Savannah; Savannah-Chatham County, board of education, referendum 2636 Savannah; taxation, proposed amendment to the Constitution 1745 Smyrna; corporate limits 3587 Sparta; new charter 3555 Springfield; charter amended 2316 Statesboro; charter amended 3637 Swainsboro; charter amended 2934 Sylvania; Sylvania-Screven Airport Authority Act 2787 Thomaston; ad valorem taxation 2693 Thomaston; City of Thomaston-Upson County joint board of tax assessors, proposed amendment to the Constitution 1503 Thomaston; corporate limits 2698 Thomaston; joint board of tax assessors with Upson County 2322 Thomaston; members Thomaston-Upson County Office Building Authority 2558 Thomasville; board of education 2359 Tifton; commissioners, referendum 2023 Tifton; commissioners' salaries 2028 Tifton; police court 2020 Trenton; eminent domain 2038 Trenton; salaries of mayor, councilmen and recorder 2040 Tunnell Hill; maximum fines for violating ordinances 2421 Twin City; charter amended 2511 Valdosta; authority to consolidate ad valorem tax matters with Lowndes County, proposed amendment to the Constitution 1777 Varnell; incorporated, referendum 3065 Vidalia; new charter 3136 Warner Robins; charter amended 2283 Waverly Hall; charter amended 3676 Waverly Hall; development authority, proposed amendment to the Constitution 1844 Waycross; consolidation of government with Ware County, proposed amendment to the Constitution 1846 West Point; authority to close and sell described street 2660 Whitesburg; charter amended 2311 Woodland; charter amended 2591 Wrightsville; recorder 2720 MUNICIPAL CORPORATIONSBY POPULATION 1,000-1,400 Corporate limits when located in certain counties (7,370-7,450) 2504 150,000 or more Employees' pension act amended 3707 150,000 or more Firemen's Pension Act amended 3706 300,000 or more License fees for taxicab businesses 3310 300,000 or more Public Teacher Tenure Act 3697
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MUNICIPAL CORPORATIONSBY POPULATION OF COUNTIES 2,750-3,250 Abatement of nuisance 2768 300,000 or more Protection of pension right of employees and teachers of counties and largest cities 3702 MUNICIPALITIESHOME RULE AMENDMENTS Atlanta; city clerk 3816 Atlanta; classified service 3804 Atlanta; department of city clerk 3784 Atlanta; department of public works 3793 Atlanta; director of public works 3811 Atlanta; employees' insurance 3778 Atlanta; firemen's uniforms 3822 Atlanta; policemen's uniforms 3825 Atlanta; promotions in classified service 3807 Columbus; utilities 3827 Forest Park; personnel board 3835 Oglethorpe; elections 3832 Perry; elections 3837 Savannah; pensions 3840 Thomasville; elections 3845 , 3859 Thomasville; recorder's court 3855 RESOLUTIONS AUTHORIZING COMPENSATION Arnold, Jack Lee 3273 Arnold, William Harvey 3261 Barton, Paul C. 3292 Boston Seed Company 3282 Brown, Alton 3267 Contine, Miss Marie Yvetti 3303 Couch, William; heirs at law 3296 Covington, J. B. 3265 Darden, L. D. 3293 Echols, Miss Margaret 3452 Fales, Robert M. 3301 Ferguson, Mrs. J. E. 3289 Fitzpatrick, Clyde N. 3285 Grant, A. H. 3288 Green, Mrs. Louie Mae 2908 Griffin, Burch 3306 Hamby, W. B. 3283 Harrison, Mrs. Geneva J. 3277 Hinely, Joseph E., Jr. 3266 Holbrook, Robert Andrew 3294 Holbrook, Mrs. Ruby Odell 3294 Horton, William Frank 3278 Housch, Robert A. 3275 Jones, Laurie M. 3299 Jones, Miles A., Jr. 3271
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Lord, James C. 3270 Mincey, Carroll J. 3298 Moncus, Eugene G. 3269 Moody, H. K. 3308 Parks, Billy W. 3307 Phoenix Air Conditioning, Inc. 2982 Pitts, Glawer 3304 Pope, Mrs. Eura Mae 3286 Pope, Mrs. Hershel V. 3280 R R Sales Company 3291 Ravan, Clyde 3268 Renfroe, Claude H., Jr. 3290 Riggins, Mrs. Francis B. 3300 Thomas, Wallace 3284 Thompson, Irene 3302 Walker, Wendell 3279 Whitaker, Mrs. Daphne 3276 White, E. C. 3272 White, Mrs. Vonceille T. 3262 Wisham, Lee 3263 RESOLUTIONS AUTHORIZING LAND CONVEYANCES Baldwin County Board of Education 113 City of Griffin 1174 DeKalb County 835 Exchange of land in Fulton County 528 Exchange of land in Wayne County 1378 Governor's Mansion on the Prado 1382 Regents of University System of Georgia 483 Stephens County 1367 Wilkes County 336 MISCELLANEOUS RESOLUTIONS All-State Bonding Company relieved as surety of four bonds 3773 Athletic Associations of Branches of University System 1377 Code of Ethics for Government Service 1369 Department of Urban and Municipal Affairs Study Committee 1172 Election Laws Study Committee 833 Executive Center official residence of Governor 378 Forward Georgia Commission 980 Georgia Study Commission of Law Enforcement Officer Standards and Education 829 Governor's Traffic Safety Study Committee 1384 Highway Laws Revision Committee 1176 Interim Study Committee on College Grants and Scholarships to Students 1373 Jefferson Davis Memorial Highway 1375 Juvenile Court Law Study Commission 1170 Law books to Catoosa County 2308 Law books to Cobb County 2834
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Law books to Fannin County Superior Court 3579 Law books to Lookout Mountain Judicial Circuit 3579 Law books to ordinary's court of Fannin County 3580 Lease between Western and Atlantic Railroad Commission and City Center Incorporated ratified 838 Lease of Western and Atlantic Railroad amended 845 Okefenokee Parkway designated 1181 Signs on National System of Interstate and Defense Highways 1371 Suspension of certain sales taxes ratified 995 Suspension of sales and use tax on sales to nonprofit hospitals ratified 1184 Suspension of sales tax on Holy Bibles and Testaments ratified 1183 Teacher Certification Policies Study Committee report adopted 1178 Teacher Hall of Fame 1374 Uniform Consumer Credit Code Study Committee 1430 Valuation of property of public utilities by State Revenue Commissioner 1180 Vender payments toward cost of nursing home care for blind, disabled and old-age benefit recipients 54 Western and Atlantic Railroad lease accepted 54 Western and Atlantic Railroad property 836
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INDEX A ABORTION, FOETICIDE AND INFANTICIDE Crimes, etc. 1432 ACWORTH, CITY OF Homestead exemptions, proposed amendment to the Constitution 1524 AGRICULTURAL COMMODITIES PROMOTION ACT Amended 398 AGRICULTURAL COMMODITIES SALES PROMOTION ACT Enacted 1118 AGRICULTURE Act authorizing grading, etc. of citrus fruit repealed 1116 Act regulating sale of flue-cured tobacco amended 1242 Concentrated commercial feeding stuffs 288 Promotion of agricultural and other products 1707 AGRICULTURE, COMMISSIONER OF Election, proposed amendment to the Constitution 1560 AIR TRANSPORTATION DEPARTMENT Created 130 AIRCRAFT Liability insurance policies 1414 AIRPORTS Sale, etc. of alcoholic beverages at airports owned or operated by counties or municipalities 1443 Sale, etc. of malt beverages at airports owned or operated by municipalities or counties 1441 Sale of wines at airports owned or operated by counties or municipalities 1438 ALBANY, CITY OF Charter amended 3352 City of Albany-Dougherty County boards of tax assessors, proposed amendment to the Constitution 1520 Contributions to employees' pension fund 2455
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ALCOHOLIC BEVERAGES Sale, etc. at airports owned or operated by counties or municipalities 1443 ALIENS Employment of aliens 1244 ALL-STATE BONDING COMPANY Relieved as surety on four bonds 3773 ALLENTOWN, TOWN OF Corporate liimts 2348 ALLIGATORS Commercial production of alligators 480 Hunting licenses 479 AMBROSE, CITY OF Treasurer's duties 2091 ANHYDROUS AMMONIA Classified as hazardous substance 1084 AMERICUS, CITY COURT OF Name changed to Civil and Criminal Court of Sumter County, judge's salary 3428 APPELLATE PROCEDURE ACT OF 1965 Amended 1072 APPROPRIATIONS General Appropriations Act amended 146 ARNOLD, JACK LEE Compensation for damages 3273 ARNOLD, WILLIAM HARVEY Compensation for damages 3261 ARTS, GEORGIA COMMISSION Georgia Commission on the Arts created 1235
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ATHENS, CITY OF Charter amended 2830 Taxation, proposed amendment to the Constitution 1822 ATHLETIC ASSOCIATIONS Branches of University System 1377 ATKINSON COUNTY Board of commissioners of roads and revenues, referendum 2882 ATLANTA, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments. Charter amended 3759 Debt limit, proposed amendment to the Constitution 1579 Historic zone, proposed amendment to the Constitution 1826 Issuance of bonds without referendum, proposed amendment to the Constitution 1582 , 1586 , 1589 Local education commission in Atlanta and Fulton County reestablished 3685 ATLANTA JUDICIAL CIRCUIT Salaries of assistant solicitorsgeneral 45 Salary of solicitor-general 1228 ATLANTA METROPOLITAN PLANNING DISTRICT ACT Amended 3494 ATLANTIC JUDICIAL CIRCUIT Judge's secretary 50 ATLANTIC STEEL CO. Exchange of land 528 ATTACHMENT Affidavits 1013 ATTORNEY'S FEES Notices on notes, etc. 317 ATTORNEY GENERAL Election, proposed amendment to the Constitution 1560 ATTORNEYS AT LAW Practice before State Board of Pardons and Paroles 1193 Qualifications of applicants 1159
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AUCTIONS Uniform Commercial Code amended 1101 AUDITS Uniform standards for audits of municipalities and counties 464 AUGUSTA, CITY OF Charter amended 2909 Civil service commission act amended 2703 Investment of pension funds 2457 Sale of Allen Park 2330 AUGUSTA JUDICIAL CIRCUIT Compensation of judges 355 AUSTELL, CITY OF Corporate limits 3614 B BACON COUNTY Office of tax commissioner created, referendum 3542 BAINBRIDGE, CITY OF Decatur CountyBainbridge Industrial Development Authority, proposed amendment to the Constitution 1780 Number of aldermen, referendum 2756 BALDWIN COUNTY Additional judge of superior court 343 Land conveyance to board of education 113 Milledgeville-Baldwin Industrial Development Authority, proposed amendment to the Constitution 1490 Motor vehicle registration, proposed amendment to the Constitution 1841 Tax collector and tax receiver placed on salary basis 3505 BALDWIN, TOWN OF Mayor's term of office, referendum 2400 BANKS AND BANKING Capital stock, etc. 1045 Credit Union Act amended 465 Incidental powers of banks 1044 Investments 1042 Loans to officers, etc. 329 Purchase of stocks and investments 1162
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BANKS COUNTY Solicitor general placed on salary basis 1424 BARBERS State Board of Barbers Act amended 421 BARBOW COUNTY Solicitor general placed on salary basis 1424 BARTON, PAUL C. Compensation for damages 3292 BARTOW COUNTY Deputy sheriffs, cooks 2742 Water, sewerage, garbage disposal and fire protection districts, proposed amendment to the Constitution 1852 BAXLEY, CITY OF Charter amended 3596 BEN HILL COUNTY Salary of solicitor-general 19 BERRIEN COUNTY Commissioners of roads and revenues, referendum 2241 Tax commissioner placed on salary basis 3473 BIBB COUNTY Board of education and orphanage, referendum 2835 BLAKELY, CITY OF Charter amended 2112 BLECKLEY COUNTY Cochran-Bleckley School System, proposed amendment to the Constitution 1795 BLUE RIDGE, CITY OF Industrial development authority, proposed amendment to the Constitution 1828
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BONDS Elections in certain counties (250,000-500,000) 1007 Issuance of bonds for loans to students, proposed amendment to the Constitution 1597 Revenue Bond Law amended, maximum rate of interest 1010 BOOKKEEPING AND ACCOUNTING SYSTEMS Uniform systems in certain counties (25,250-28,250) 3312 BOSTON, CITY OF Election of marshal 2498 BOSTON SEED COMPANY Compensation for damages 3282 BOWMAN, CITY OF Mayor, city clerk and treasurer 2551 BRANTLEY COUNTY Commissioners of roads and revenues 2258 Named officers placed on salary basis 2301 Office of treasurerabolished 2741 BRANTLEY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1731 BRANTLEY COUNTY DEVELOPMENT AUTHORITY ACT Enacted 3488 BREMEN, CITY OF Eminent domain 2727 BROOKLET, TOWN OF Punishment for violating ordinances 3448 BROOKS COUNTY Compensation of county commissioners 2397 BROWN, ALTON Compensation for damages 3267
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BROXTON, CITY OF Treasurer's duties 2096 BRUNSWICK, CITY COURT OF Deputy sheriffs 3539 BRUNSWICK, CITY OF Corporate limits 3670 Elections 3520 Revenue raising ordinances 3397 BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION Created, etc. 2914 BRUNSWICK PORT AUTHORITY Bonds 554 BRYAN COUNTY Compensation of ordinary 2320 Compensation of tax commissioner 2549 Judge of superior court's secretary 50 BRYAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1680 BULLOCH COUNTY Commissioners of roads and revenues 3632 Salaries of sheriff and deputies 3442 Salaries of tax commissioner's employees 3445 Salary of clerk of superior court 3437 Salary of ordinary 3439 Superior court terms 871 BULLOCH COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Statesboro, salaries 3433 BURKE COUNTY Compensation of superior court judges 355 Sheriff's salary, etc. 2979
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BUTTS COUNTY Compensation of deputy sheriffs 2042 Compensation of tax collector, etc. 2356 Employees of clerk of superior court 2044 BUTTS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1614 C CALHOUN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1672 CAMDEN COUNTY DEVELOPMENT AUTHORITY Resolution proposing amendment to Constitution repealed 1179 CANDLER COUNTY Board of education, referendum 2446 CARROLL COUNTY Board of education, referendum 2256 , 2841 CARROLL COUNTY WATER AUTHORITY ACT Amended 2368 CARTERSVILLE, CITY OF Charter amended 3315 CATOOSA COUNTY Law books 2308 Powers of utilities commissioners 2281 Salaries of solicitor-general and clerk typist 48 CENTERVILLE, CITY OF Charter amended 2765 CERTIFIED PUBLIC ACCOUNTANTS Registration, etc. of nonresident Certified Public Accountants 1232 CHAMBLEE, CITY OF Ad valorem and sanitary taxes 2715
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CHANGE OF NAME Certificate 327 CHARLTON COUNTY Compensation of deputy sheriffs 2336 Depository for public funds 2334 Employees of clerk of superior court 2563 CHATHAM COUNTY Commissioner districts, etc. 2245 Employee-Management Cooperation Act 2953 Savannah-Chatham County, board of education, referendum 2636 Superior court judges' supplement 1168 CHATTAHOOCHEE COUNTY Board of education, referendum 2717 CHATTAHOOCHEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1640 CHATTAHOOCHEE PLANTATION Corporate limits 3651 CHATTOOGA COUNTY Board of education, proposed amendment to the Constitution 1764 Compensation of deputy sheriffs, jailer 2792 Motor vehicle ad valorem taxes, proposed amendment to the Constitution 1766 Office of tax commissioner crated 2492 Salaries of solicitor-general and clerk-typist 48 CHEROKEE COUNTY Fire protection districts, proposed amendment to the Constitution 1743 School districts, referendum 3751 CHEROKEE COUNTY AIRPORT AUTHORITY Created, proposed amendment to the Constitution 1545 CITIZENS BAND RADIO STATIONS Special motor vehicle license plates 43
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CITRUS FRUITS Act authorizing grading, etc. repealed 1116 CITY COURT OF AMERICUS Name changed to Civil and Criminal Court of Sumter County, judge's salary 3428 CITY COURT OF BRUNSWICK Deputy sheriffs 3539 CITY COURT OF COLQUITT COUNTY Name changed to Civil and Criminal Court of Colquitt County 2139 CITY COURT OF DUBLIN Name changed to State Court of Laurens County 2019 CITY COURT OF HABERSHAM COUNTY Judge, practice and procedure 3678 CITY COURT OF JEFFERSON Salaries, terms, etc. 3668 CITY COURT OF LOWNDES COUNTY Election of judge and solicitor 2332 CITY COURT OF MILLEN Salaries of judge and solicitor 2586 CITY COURT OF SPRINGFIELD Judge's salary 2584 CITY COURT OF STATESBORO Name changed to Civil and Criminal Court of Bulloch County, salaries 3433 CITY COURT OF STEPHENS COUNTY Salaries of judge and solicitor 3546 CITY COURT OF WAYNESBORO Compensation of judge and solicitor 2542
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CIVIL AND CRIMINAL COURT OF BULLOCH COUNTY Name changed from City Court of Statesboro, salaries 3433 CIVIL AND CRIMINAL COURT OF COBB COUNTY Jurisdiction, clerk, salaries, etc. 2948 CIVIL AND CRIMINAL COURT OF COLQUITT COUNTY Name changed from City Court of Colquitt County 2139 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Solicitor's salary, costs, etc. 2928 CIVIL AND CRIMINAL COURT OF GRADY COUNTY Salaries 2817 CIVIL AND CRIMINAL COURT OF SUMTER COUNTY Named changed from City Court of Americus, judge's salary 3428 CIVIL PRACTICE ACT OF 1966 Amended 1104 Amended, service by publication 1036 CLAIMS AGAINST STATE HIGHWAY DEPARTMENT 1941 Act repealed 1052 CLARKE COUNTY Board of education, proposed amendment to the Constitution 1530 Taxation, proposed amendment to the Constitution 1822 CLARKE COUNTY, JUVENILE COURT OF Judge's salary 3624 CLAXTON, CITY OF Compensation of mayor and aldermen 3475 CLAY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1634 CLAYTON COUNTY Board of county commissioners 3501 Civil service Act amended 2759 Compensation of chairman of commissioners of roads and revenues 2579 Regulation and control of junkyards 2451 Term of additional judge of superior court 348
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CLAYTON JUDICIAL CIRCUIT Term of additional judge 348 CLERKS OF SUPERIOR COURTS Compensation in certain counties (2,000 or less) 3312 Compensation in certain counties (300,000 or more) (500,000 or more) 3309 Recording of veterans discharge certificates 1201 CLERKS OF SUPERIOR COURT RETIREMENT SYSTEM ACT Amended 381 , 420 CLERMONT, TOWN OF Terms of mayor and councilmen 3693 CLEVELAND, CITY OF Charter amended 2142 CLINCH COUNTY Salaries of sheriff and deputy sheriff 2890 COBB COUNTY Board of commissioners of roads and revenues 3581 Education district No. 2 1529 Governmental Reorganization Study Commission 2868 Law library 2878 Salaries of solicitor-general, assistant, etc. 285 COBB COUNTY, CIVIL AND CRIMINAL COURT OF Jurisdiction, clerk, salaries, etc. 2948 COBB COUNTY-MARIETTA WATER AUTHORITY ACT Amended 3533 COBB JUDICIAL CIRCUIT Salaries, etc. 285 COCHRAN-BLECKLEY SCHOOL SYSTEM Created, proposed amendment to the Constitution 1795 COCHRAN, CITY OF Corporate limits, referendum 2278
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CODE OF ETHICS FOR GOVERNMENT SERVICE Adopted 1369 COFFEE COUNTY Board of commissioners of roads and revenues, referendum 2181 Board of education; referendum 2177 Compensation of sheriff's clerk 2187 Duties of clerk of commissioners 2098 COLLEGE PARK, CITY OF Charter amended 3640 COLQUITT AND MILLER COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1543 COLQUITT, CITY OF Corporate limits 2399 COLQUITT COUNTY Compensation of ordinary 2141 COLQUITT COUNTY, CITY COURT OF Name changed to Civil and Criminal Court of Colquitt County 2139 COLQUITT COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Colquitt County 2139 COLUMBIA COUNTY Authority to construct streets, sidewalks, etc. 2440 Board of education; referendum 2708 Commissioners of roads and revenues 2338 Compensation of superior court judges 355 Sheriff's salary 2064 COLUMBUS, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments . Muscogee County-City of Columbus Charter Commission, proposed amendment to the Constitution 1508
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COLUMBUS, MUNICIPAL COURT OF Dismissal for lack of prosecution, costs in dispossessory warrant cases 2706 COMMERCIAL FISHING Regulation, etc. 202 COMMISSIONER OF AGRICULTURE Election, proposed amendment to the Constitution 1560 COMMISSIONER OF LABOR Election, proposed amendment to the Constitution 1560 COMPTROLLER GENERAL Election, proposed amendment to the Constitution 1560 CONASAUGA JUDICIAL CIRCUIT Judge's salary 377 CONCENTRATED COMMERCIAL FEEDING STUFFS Inspection fees 288 CONSTITUTION See also Tabular IndexProposed Amendments to the Constitution . Amendment or submission of new Constitution to the people, procedure, proposed amendment to the Constitution 1576 CONTINE, MISS MARIE YVETTE Compensation for damages 3303 COOK COUNTY Compensation of ordinary 2496 COOSA VALLEY AREA VOCATIONAL TECHNICAL SCHOOL SYSTEM Created, etc. 3756 CORDELE OFFICE BUILDING AUTHORITY Created, proposed amendment to the Constitution 1715
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CORDELE, CITY OF Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 1757 CORDELE JUDICIAL CIRCUIT Salary of solicitor-general 19 CORPORATIONS Georgia Business Corporation Code 565 CORRECTIONS, STATE BOARD OF Act amended 1399 Oaths of wardens, etc. 1155 Prisoner's demand for trial on pending indictments, etc. 1110 Sale of goods manufactured by inmates 1092 COUCH, WILLIAM Compensation to heirs at law 3296 COUNTIES AND COUNTY MATTERS Authority of governing authorities 447 Court personnel authorized to attend conferences, etc. 1191 Names of governing authorities 1141 Purchases by State Supervisor of Purchases 1352 Sale, etc. of alcoholic beverages at airports owned or operated by counties or municipalities 1443 Sale, etc. of malt beverages at airports owned or operated by municipalities or counties 1441 Sale of wine at airports owned or operated by counties or municipalities 1438 Uniform standards for audits 464 COUNTY COURT OF ECHOLS COUNTY Judge's term of office 3419 COURT REPORTERS Compensation 1230 Compensation in certain counties (500,000 or more) 2358 COUNTY SURVEYORS Fees 1413 COURTS Authorization for personnel to attend conferences, etc. 1191
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COVINGTON, J. B. Compensation for damages 3265 COVINGTON, CITY OF Conflicts of interest, crimes 2802 COWETA COUNTY Bonds, proposed amendment to the Constitution 1449 School system, proposed amendment to the Constitution 1452 CREDIT UNIONS ACT Amended 465 CRIMINAL CODE OF GEORGIA Enacted 1249 CRIMINAL COURT OF FULTON COUNTY Correction of errors and appeals 2969 CRIMINAL PROCEDURE Alternate jurors in felony cases 1225 Georgia Criminal Justice Act 999 Prisoner's demand for trial on pending indictments, etc. 1110 Probation for first offenders 324 Sale of contraband malt beverages 1142 Use of radar speed detection devices 425 CRIMES Abortion, foeticide and infanticide 1432 Appearances before State Board of Pardons and Paroles 1193 Conspiracy 326 Driving or operating motor vehicles under influence of intoxicants 448 False report of crimes 983 Fraudulent conversion of leased personal property 1041 Gambling activities on or adjacent to business 1198 Inhaling, etc. model glue 1194 Obscene or harassing telephone calls 9 Possession of firearms during commission of crimes 982 Repeal of Act prohibiting discharge of firearms on Sunday 1246 Solicitation of money by use of invoice for goods, etc., not ordered 322 Tie in sales of books, magazines, etc. 998 Unlawful election campaign practices 828
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CRISP COUNTY Salary of solicitor-general 19 CRISP COUNTY-CORDELE INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1757 CRUEL TREATMENT OF CHILDREN Reports 1196 CUMMINGS, CITY OF Charter amended 3345 D DADE COUNTY Salaries of solicitor-general and clerk typist 48 DAISY, CITY OF New charter, referendum 3722 DALTON, CITY OF Building authority, proposed amendment to the Constitution 1466 Corporate limits 2172 Dalton-Whitfield County Development Authority, proposed amendment to the Constitution 1482 DARDEN, L. D. Compensation for damages 3293 DASHER, TOWN OF Charter amended 2350 DAWSON COUNTY Compensation of commissioner of roads and revenues 2353 DECATUR, CITY OF Off street parking, proposed amendment to the Constitution 1515 Parking Authority Act 2892
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DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1780 DECATUR COUNTY Board of education, referendum 2565 Jurisdiction of justices of the peace, proposed amendment to the Constitution 1539 Publication of receipts and expenditures by board of education 2556 DECEPTIVE TRADE PRACTICES ACT Enacted 337 DEKALB COUNTY Commissioner districts, etc. 3658 Merit salary increases 2047 Planning Commission Act amended 3456 Political advertisements 2972 Recorder's court clerk 3666 Terms of superior court 376 Zoning 3406 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Solicitor's salary, costs, etc. 2928 DEPARTMENT OF INDUSTRY AND TRADE Expenditures, proposed amendment to the Constitution 1882 Expenses 1411 DEPARTMENT OF STATE PARKS Director's salary 316 DEPARTMENT OF URBAN AND MUNICIPAL AFFAIRS STUDY COMMITTEE Created 1172 DEVELOPMENT AUTHORITIES General Assembly authorized to create, proposed amendment to the Constitution 1606 DISPOSSESSORY WARRANTS Execution in certain counties (500,000 or more) 51
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DISTRICT ATTORNEY Office of solicitor-general designated as district attorney, proposed amendment to the Constitution 1567 DODGE COUNTY-EASTMAN DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1693 DOERUN, CITY OF Recorder's court 2126 DONALSONVILLE, CITY OF Salaries of mayor and aldermen 2682 DOOLY COUNTY Clerical allowance for ordinary 2725 Salary of solicitor-general 19 Small claims court created 2429 DOOLY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1768 DORAVILLE, CITY OF Charter amended 3336 DOUGHERTY COUNTY City of Albany-Dougherty County boards of tax assessors, etc. proposed amendment to the Constitution 1520 Compensation of ordinary 3771 DOUGLAS, CITY OF Elections, city manager 2085 DOUGLAS COUNTY Act placing named officers on salary basis amended 2366 Board of education, referendum 2262 , 3764 Commissioners of roads and revenues 2294 Water, sanitation, sewerage and fire protection districts, proposed amendment to the Constitution 1791 DOUGLASVILLE, CITY OF Salaries of mayor, councilmen and recorder 2298
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DOWER Dower rights, etc. 1093 , 1227 DRIVERS' LICENSES Honorary 1202 Suspension 430 DRIVER TRAINING SCHOOL LICENSE ACT Enacted 436 DUBLIN, CITY COURT OF Name change to State Court of Laurens County 2019 E EARLY COUNTY Commissioners of roads and revenues 2110 EARLY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1608 EAST THOMASTON, VILLAGE OF Charter repealed 2561 EASTERN JUDICIAL CIRCUIT Judges' supplement 1168 EASTMAN, CITY OF Charter amended 2413 Dodge County-Eastman Development Authority, proposed amendment to the Constitution 1693 EATONTON, CITY OF Salaries of members of council 3518 ECHOLS COUNTY Board of education, referendum 3514 Terms of members of board of county commissioners 3418 ECHOLS, COUNTY COURT OF Judge's term of office 3419
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ECHOLS, MISS MARGARET Compensation for damages 3452 EDUCATION Exceptional children 120 Georgia Higher Education Assistance Committee created 1082 Immunization of pupils of public schools 1436 Issuance of bonds for loans to students, proposed amendment to the Constitution 1597 Minimum Foundation Program of Education Act amended 135 , 1161 Professional Teaching Practices Act amended 330 Public school employees' retirement system authorized, proposed amendment to the Constitution 1595 Regulation of certain contracts 335 Teacher Hall of Fame 1374 EDUCATION, STATE DEPARTMENT OF Industry Services Advisory Committee 1138 EFFINGHAM COUNTY Superior court terms 871 EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1733 ELBERT COUNTY Sheriff's budget 2554 ELBERT COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1600 ELECTIONS Election districts 860 Election Laws Study Committee 833 Election of Executive Officers, proposed amendment to the Constitution 1560 Georgia Election Code amended 871 , 885 Governors election, proposed amendment to the Constitution 1562 Interpretation of elections of members of General Assembly 870 Members of General Assembly, proposed amendment to the Constitution 1565 Methods of casting votes 850
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Nomination of candidates by conventions 867 Notice of candidacy 826 , 856 Presidential electors 257 State Election Board 862 Unlawful campaign practices 828 Vote recorders 861 Voter qualifications 847 Voter registration in municipalities 866 Voting for presidential electors 851 ELIZABETH, CITY OF Corporate limits 2651 EMANUEL COUNTY Board of education; referendum 2487 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT Amended 1356 , 1361 , 1407 Credit for service in General Assembly 199 Involuntary separation defined 195 EQUAL PAY FOR EQUAL WORK ACT Amended 1392 EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST ACT Amended, digest for 1969 283 EVANS COUNTY Judge of superior court's secretary 50 Salary of clerk of superior court 3459 Salaries of commissioners of roads and revenues and clerk 3460 EVANS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1556 EVICTION NOTICES Code 61-306 amended 124 EXAMINING BOARDS Additional points for veterans on examinations 1213 Board of Recreation Examiners created 137 Georgia Real Estate Commission Act amended 277 State Board of Barbers Act amended 421 State Board of Examiners of Plumbing Contractors 308
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EXCEPTIONAL CHILDREN Education 120 EXECUTIVE CENTER Official residence of Governor 378 EXECUTIVE DEPARTMENT Passenger automobiles 477 F FALES, ROBERT M. Compensation for damages 3301 FALSE REPORTS OF CRIMES Misdemeanor 983 FAMILY PLANNING SERVICES ACT Amended 558 FANNIN COUNTY Automobile allowance for sheriff and deputy sheriff 2713 Salary of county commissioner 3484 Tax collector placed on salary basis 3716 FAYETTE COUNTY Salary of clerk of superior court 3551 Salary of ordinary 3662 Salary of solicitor-general 455 Salary of tax commissioner 3553 Sheriff's salary 3664 Water, sewerage and fire protection districts, proposed amendment to the Constitution 1517 FERGUSON, MRS. J. E. Compensation for damages 3289 FIREMEN Scholarships to children under certain circumstances, proposed amendment to the Constitution 1573 FIREMEN'S PENSION FUND ACT Amended 441
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FITZPATRICK, CLYDE N. Compensation for damages 3285 FLOYD COUNTY Merit System Act amended 3400 FLOYD COUNTY BOARD OF EDUCATION Insurance for employees, proposed amendment to the Constitution 1584 Members' terms, proposed amendment to the Constitution 1798 FOLKSTON, CITY OF Authority to abandon named streets 2346 City manager 3334 Corporate limits, referendum 2342 FOREST PARK, CITY OF See tabular indexMunicipalitiesHome Rule Amendments. FORSYTH COUNTY Compensation of chairman and clerk of commissioners of roads and revenues 2570 FORT OGLETHORPE, TOWN OF Charter amended 3610 FORWARD GEORGIA COMMISSION Created 980 FRANKLIN SPRINGS, CITY OF Terms of mayor and councilmen 2546 FULTON COUNTY Acceptance of personal checks by tax commissioner, proposed amendment to the Constitution 1571 Duties of tax commissioner, etc. 3453 , 3762 Employees' pensions 2149 , 2290 Judges' and Solicitor-General Retirement Fund of Fulton County amended 2864 Local education commission in Atlanta and Fulton County reestablished 3685
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Public defender eligible for membership in retirement system 2309 Salaries of assistant solicitors-general 45 Salary of solicitor-general 1228 FULTON, CRIMINAL COURT OF Correction of errors and appeals 2969 G GAMBLING Gambling activities on or adjacent to business 1198 GAME AND FISH Alligator hunting licenses 479 Commercial fishing, etc. 202 Commercial production of alligators 480 Employees' compensation, proposed amendment to the Constitution 1886 Hunting with recorded sounds, etc. in certain counties (44,000-45,300) 3684 Motorboat Numbering Act amended 487 State Game and Fish Commission Act amended 497 GAME AND FISH COMMISSION New Game and Fish Commission created, proposed amendment to the Constitution 1627 GENERAL APPROPRIATIONS ACT Amended 146 GENERAL ASSEMBLY Authorized to create development authorities, proposed amendment to the Constitution 1606 Bills changing compensation of certain State officials 1212 Credit under Employees Retirement System for service in General Assembly 199 Distinctive license plates for members 1216 Effective dates of statutes 1364 Exemption of members from subpoenas, etc. during sessions 1200 Georgia Legislative Retirement System Act amended 1354 Marketing of milk regulated, proposed amendment to the Constitution 1588 Members' terms, proposed amendment to the Constitution 1565 Reapportionment of House of Representatives 209 Reapportionment of Senate 36 Thirty-second Senatorial district 560
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GEORGIA ADMINISTRATIVE PROCEDURE ACT Amended, distribution of rules 115 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Amended 398 GEORGIA AGRICULTURAL COMMODITIES SALES PROMOTION ACT Enacted 1118 GEORGIA BUSINESS CORPORATION CODE Enacted 565 GEORGIA CIVIL PRACTICE ACT Amended 1104 Amended, service by publication 1036 GEORGIA COMMISSION OF THE ARTS Created, etc. 1235 GEORGIA CRIMINAL JUSTICE ACT Enacted 999 GEORGIA ELECTION CODE See Elections . GEORGIA FIREARMS AND WEAPONS ACT Enacted 983 GEORGIA GOVERNMENT DOCUMENTS ACT OF 1967 Enacted 1186 GEORGIA HEALTH CODE Bonds of hospital authorities 1098 Hospitalization under court order 333 Interest rate on bonds of hospital authorities 1097 Radioactive waste disposal 1152 GEORGIA HIGHER EDUCATION ASSISTANCE COMMITTEE Created 1082
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GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended 386 GEORGIA INTERDEPARTMENTAL COUNCIL OF THE HANDICAPPED Created 1079 GEORGIA INSURANCE CODE Cancellation of automobile insurance policies 1126 GEORGIA LEGISLATIVE RETIREMENT SYSTEM ACT Amended 1354 GEORGIA MOTORBOAT NUMBERING ACT Amended 487 GEORGIA MUNICIPAL ELECTION CODE Enacted 885 GEORGIA POLYGRAPH EXAMINERS' ACT Enacted 1217 GEORGIA PRISON INDUSTRIES ACT Amended 1011 GEORGIA REAL ESTATE COMMISSION ACT Amended 277 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended, agricultural exemptions 129 Amended, farm implements exemption 136 Amended, transit facilities by public bodies 201 Sale of food by schools 545 Sales to private schools 559 Suspension of certain sales taxes ratified 995 Suspension of sales and use tax on sales to nonprofit hospitals ratified 1184 Suspension of sales tax on Holy Bible and Testaments ratified 1183 Use of products by manufacturers 496
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GEORGIA STATE BOARD OF NURSING HOMES ACT Enacted 1143 GEORGIA STATE SCHOLARSHIP COMMISSION ACT Amended 385 GEORGIA STATE WAR VETERANS HOME ACT Amended 1247 GEORGIA SURFACE MINING ACT OF 1968 Enacted 9 GILMER COUNTY Issuance of tax fi. fas. by tax commissioner, proposed amendement to the Constitution 1488 Office of tax commissioner created 2305 GLASCOCK COUNTY Compensation of commissioners of roads and revenues 2444 Compensation of tax commissioner 2626 Compensation of treasurer 2442 Solicitor-General placed on salary basis 247 GLASCOCK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1866 GLENWOOD, CITY OF Mayor and councilmen 2798 GLUE, MODEL Inhaling, etc. a crime 1194 GLYNN COUNTY Brunswick-Glynn County Charter Commission created, etc. 2914 Deputy sheriffs 3536 GLYNN COUNTY, JUVENILE COURT OF Judge's salary 3365 GORDON COUNTY Board of commissioners of roads and revenues, referendum 2030 Clerk of superior court and ordinary placed on salary basis 2686 Development authority 3325
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GOVERNING AUTHORITIES Names of county governing authorities 1141 GOVERNOR Election, proposed amendment to the Constitution 1562 Investigations into charges against sheriffs 1248 Official residence 378 Passenger automobiles 477 Succession in event of death of Governor-Elect, proposed amendment to the Constitution 1558 GOVERNOR'S MANSION ON THE PRADO Disposal authorized 1382 GOVERNOR'S TRAFFIC SAFETY STUDY COMMITTEE Created 1384 GRADY COUNTY Board of education, referendum 2120 Salaries of sheriff's employees 2819 GRADY COUNTY, CIVIL AND CRIMINAL COURT OF Salaries 2817 GRAND JURIES Selection 533 Selection in certain counties (45,300-46,000) 371 GRANT, A. H. Compensation for damages 3288 GRANTS TO MUNICIPALITIES Minimum grants under 1967 Act 3696 GREEN, MRS. LOUIE MAE Compensation for damages 2908 GREENE COUNTY Additional judge of superior court 343 Compensation of commissioners of roads and revenues 2615 Compensation of named officers 2603 Compensation of tax commissioner 2621
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GRIFFIN, BURCH Compensation for damages 3306 GRIFFIN, CITY OF Land conveyance authorized 1174 GRIFFIN JUDICIAL CIRCUIT Compensation of court reporter 349 Salary of solicitor-general 455 GUARDIAN AND WARD Amount of funds which may be remitted or ordinaries 1363 Bond of natural guardian 1039 GUYTON, TOWN OF Voter registration, elections 3523 GWINNETT COUNTY Board of commissioners of roads and revenues, referendum 2003 Board of education, proposed amendment to the Constitution 1887 Merit system of employment, proposed amendment to the Constitution 1884 GWINNETT JUDICIAL CIRCUIT Judge's salary 1365 H HABERSHAM COUNTY, CITY COURT OF Judge, practice and procedure 3678 HAMBY, W. B. Compensation for damages 3283 HANCOCK COUNTY Additional judge of superior court 343 Clerical help for tax commissioner 2314 Salaries of named officers 2534 HANDICAPPED PERSONS Georgia Interdepartmental Council of the Handicapped created 1079
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HAPEVILLE, CITY OF Charter amended 3719 HARRIS COUNTY Small Claims Court Act amended 2462 HARRISON, MRS. GENEVA J. Compensation for damages 3277 HAWKINSVILLE, CITY OF Pulaski County-Hawkinsville Development Authority, proposed amendment to the Constitution 1496 HEARD COUNTY Deputy sheriffs 2701 HENRY COUNTY Board of county commissioners 3378 Election of board of commissioners, referendum 3375 Form of government, proposed amendment to the Constitution 1741 Indebtedness for water and sewerage purposes, proposed amendment to the Constitution 1774 Salaries of clerk of superior court and ordinary 3392 Tax to support water authority, etc., proposed amendment to the Constitution 1739 HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended 386 HIGHWAY DEPARTMENT Claims against State Highway Department, 1941 act repealed 1052 Cost of relocating utility lines, etc. 345 Reimbursement of Law Department for legal services 289 Reports to Governor 1064 State Highway Department Act Amended 1055 HIGHWAY LAWS REVISION COMMITTEE Created 1176
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HIGHWAYS Enforcement of weight and load limitations of motor vehicles 193 Jefferson Davis Memorial Highway designated 1375 Lumber and logs hauled on public highways 1094 Motor vehicle load and size limitations 30 Sale of merchandise while parked on State Highway right-of-ways 1053 Signs on National System of Interstate and Defense Highways 1371 Speed restrictions on limited access highways 1158 Traffic regulations 1065 HINELY, JOSEPH E., JR. Compensation for damages 3266 HOGANSVILLE, CITY OF Sale of public utilities 2525 HOLBROOK, MRS. RUBY ODELL AND ROBERT ANDREW Compensation for damages 3294 HOMELAND, CITY OF New charter, referendum 2984 HOMESTEAD EXEMPTIONS FOR PERSONS OVER 65 YEARS OF AGE Created, proposed amendment to the Constitution 1690 HORTON, WILLIAM FRANK Compensation for damages 3278 HOSPITAL ADVISORY COUNCIL ACT Amended 1421 HOSPITAL AUTHORITIES Bonds 1097 , 1098 HOUSCH, ROBERT A. Compensation for damages 3275 HOUSE OF REPRESENTATIVES Reapportionment 209
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HOUSTON COUNTY Budget of clerk of superior court 3369 Budget of ordinary 3373 Creation of special court authorized, proposed amendment to the Constitution 1805 Sheriff's budget 3371 Tax commissioner's budget 3367 HOUSTON COUNTY BUILDING COMMISSION Created, proposed amendment to the Constitution 1807 HOUSTON COUNTY, STATE COURT OF Jurisdiction, solicitor's duties 2656 HUSBAND AND WIFE Parental consent for underage marriages 382 I INDUSTRY AND TRADE, DEPARTMENT OF Expenditures, proposed amendment to the Constitution 1882 Expenses 1411 INDUSTRY SERVICES ADVISORY COMMITTEE Created 1138 INSURANCE Amended, aircraft liability policies 1414 Amended, uninsured motorist policies 1415 Cancellation of automobile insurance policies 1126 Municipal taxation of life insurance companies 1396 Uninsured motor vehicle defined 1089 INTOXICATING LIQUORS Contraband used in manufacture 1051 IRON CITY, TOWN OF Terms of mayor and aldermen 2814 IRWIN COUNTY Office of tax commissioner created, referendum 2822
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IRWINTON, TOWN OF New charter 3092 IVEY, TOWN OF Corporate limits 3480 J JACKSON COUNTY Office of tax commissioner created, named officers placed on salary basis 2536 Solicitor-general placed on salary basis 1424 JACKSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1800 JASPER COUNTY Additional judge of superior court 343 Commission posts 3629 JASPER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1550 JEFFERSON, CITY COURT OF Salaries, terms, etc. 3668 JEFFERSON COUNTY Board of education, referendum 3421 Office of tax commissioner created 2573 JEFFERSON DAVIS MEMORIAL HIGHWAY Designated 1375 JENKINS COUNTY Board of Education, referendum 2965 Commissioners of roads and revenues, referendum 2960 Compensation of clerk of superior court 2373 Compensation of ordinary 2375 Superior court terms 871 JESUP, CITY OF Charter amended 3356
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JOHNSON COUNTY Compensation of deputy sheriff 2723 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1387 JONES COUNTY Additional judge of superior court 343 Deputy sheriffs 3431 JONES, LAURIE M. Compensation for damages 3299 JONES, MILES A., JR. Compensation for damages 3271 JUDGE OF SUPERIOR COURTS EMERITUS ACT Amended 275 JURIES Alternate jurors in felony cases 1225 Selection of grand and traverse jurors 533 Selection of grand juries in certain counties (45,300-46,000) 371 JUSTICES OF THE PEACE Jurisdiction in civil cases, proposed amendment to the Constitution 1594 JUVENILE COURT ACT Amended 1013 JUVENILE COURTS Judges salaries in certain counties (250,000-500,000) 2046 JUVENILE COURT LAW STUDY COMMISSION Created 1170 JUVENILE COURT OF CLARKE COUNTY Judge's salary 3624
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JUVENILE COURT OF GLYNN COUNTY Judge's salary 3365 L LABOR, COMMISSIONER OF Election; proposed amendment to the Constitution 1560 LABOR, DEPARTMENT Equal Pay for Equal Work Act amended 1392 LABORER'S AND MATERIALMEN'S LIENS Enforcement 317 LAGRANGE, CITY OF New charter 2191 LAKE CITY, CITY OF Charter amended 3712 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT Amended 1132 LANDLORD AND TENANT Eviction notices 124 Proceedings against tenants holding over in certain counties (500,000 or more) 1215 LAURENS COUNTY, STATE COURT OF Name changed from City Court of Dublin 2019 LAW DEPARTMENT Reimbursement by Highway Department for legal services 289 LAW LIBRARIES Act authorizing law libraries in certain counties amended (23,500-24,000) 3313 Act creating law libraries in certain counties (114,000-135,000) 2875 Authorized in certain counties (13,430-13,660) 2287 Authorized in certain counties (16,700-16,800) 2292 Created in certain counties (45,300-46,300) 2957
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LAWRENCEVILLE, CITY OF Corporate limits 2812 LEARY, CITY OF Charter amended 2116 LEASED PERSONAL PROPERTY Fraudulent conversion 1041 LEE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1532 LEGAL ADVERTISEMENTS Rates 126 LEGISLATIVE RETIREMENT SYSTEM ACT Amended 1354 LENOX, TOWN OF Authority to lease described land 2599 LIBERTY COUNTY Judge of superior court's secretary 50 LIENS U. S. Internal Revenue Tax liens 561 LINCOLN COUNTY Lincolnton and Lincoln County Development Authority created, proposed amendment to the Constitution 1702 Solicitor-General placed on salary basis 247 LINCOLNTON AND LINCOLN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1702 LIQUOR STORES Act prohibiting employment of females repealed 287 LITERATURE COMMISSION State Literature Commission Act amended 319
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LONG COUNTY Compensation of sheriff, etc. 2101 County Attorney 2581 Judge of superior court's secretary 50 LOOKOUT MOUNTAIN, CITY OF Incorporated, referendum 2152 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Salaries of solicitor-general and clerk typist 48 LORD, JAMES C. Compensation for damages 3270 LOUISVILLE AND NASHVILLE RAILROAD COMPANY Lease of Western and Atlantic Railroad 54 LOWNDES COUNTY Authority to consolidate ad valorem tax matters with City of Valdosta, proposed amendment to the Constitution 1777 Salary of chief deputy sheriff 3485 LOWNDES COUNTY, CITY COURT OF Election of judge and solicitor 2332 LUMBER Lumber and logs hauled on public highways 1094 LYONS, CITY OF Charter amended 2052 Mc McDONOUGH, CITY OF Sale of public recreational facilities 3622 McDUFFIE COUNTY Solicitor-General placed on salary basis 247 McINTOSH COUNTY Compensation of ordinary 2371 Judge of superior court's secretary 50 Sheriff's expenses allowance, etc. 2453
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McINTOSH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1834 McRAE, CITY OF Corporate limits 2405 Elections 2729 M MACHINERY CITY Charter repealed 3656 MACON, CITY OF Charter amended 2795 MACON COUNTY Office of tax commissioner created, referendum 2663 Salary of ordinary 2460 MADISON COUNTY Clerk of board of commissioners 3647 Deputy sheriffs 3649 Personnel in offices of clerk of superior court, ordinary and tax commissioner 3549 MALT BEVERAGES Sale, etc. at airport owned or operated by municipalities or counties 1441 Sale of contraband malt beverages 1142 MANCHESTER, CITY OF Elections 2107 MARIETTA, CITY OF Authority of board of education to dispose of property 3710 Charter amended 2475 Cobb County-Marietta Water Authority Act amended 3533 Corporate limits 3530 Homestead exemptions, proposed amendment to the Constitution 1678 MARRIAGE Parental consent for underage marriage 382
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MEDICAL ABORTIONS Authorized, regulated 1432 MEDICAL AND SCIENTIFIC RESEARCH FACILITIES Exemptions from law in certain counties (22,000-23,400) 2125 MEDICAL EDUCATION BOARD Created, proposed amendment to the Constitution 1686 MEMORIAL DAY May 30th public and legal holiday 986 MERIWETHER COUNTY Act placing named officers on salary basis amended 2103 MIDWAY, CITY OF Salaries of mayor and councilmen 3681 MILAN, CITY OF Corporate limits 2408 MILK Marketing regulated by General Assembly, proposed amendment to the Constitution 1588 MILLEDGEVILLE-BALDWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1490 MILLER, CITY COURT OF Salaries of judge and solicitor 2586 MILLER COUNTY Board of education, referendum 2529 Check system 2912 Colquitt and Miller County Development Authority, proposed amendment to the Constitution 1543 MINCEY, CARROLL J. Compensation for damages 3298
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MINES AND MINING Georgia Surface Mining Act of 1968 9 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended 135 , 1161 MITCHELL COUNTY Office of tax commissioner created 2267 MODEL GLUE Inhaling, etc. a crime 1194 MONCUS, EUGENE G. Compensation for damages 3269 MONTGOMERY COUNTY Salary of tax commissioner 3416 MOODY, H. K. Compensation for damages 3308 MORGAN COUNTY Additional judge of superior court 343 Compensation, etc. of named officers 2607 Compensation of commissioners of roads and revenues 3585 Office of tax commissioner created 2610 Office of treasurer abolished 2613 MORROW, CITY OF Charter amended 2853 MOTORBOAT NUMBERING ACT Amended 487 MOTOR CARRIERS Registration, etc. 396 Tax for use of highways 360 MOTOR COMMON CARRIERS Registration, etc. 392
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MOTOR VEHICLES Ad valorem taxes 380 Disposal by automobile wrecking companies 197 Driving or operating under influence of intoxicants 448 Enforcement of weight and load limitations 193 Hauling of dirt, gravel, etc. in certain counties (500,000 or more) 2983 Impounding of vehicles parked in private parking areas 321 License plates to citizens band radio operators 43 License tags to disabled veterans 1211 Load and size limitations 30 Passenger vehicles for use of Executive Department, etc. 477 Permits for overload and oversize vehicles 341 Prestige License Plates Act 1404 Purchase of license plates by mail 1386 Radar speed detection devices 425 Reflective license plates 424 Speed restrictions on limited access highways 987 Suspension of operator licenses 430 The Driver Training School License Act 436 Traffic regulations 1065 Uninsured motorist insurance policies 1415 Uninsured motor vehicles defined 1089 Used Car Dealers' Registration Act amended 23 MOULTRIE, CITY OF Charter amended, referendum 2130 MOUNT VERNON, CITY OF Corporate limits 2680 MOVABLE HOMES The Uniform Standards Code for Factory Manufacturer Movable Homes Act 415 MUNICIPAL COURT OF COLUMBUS Dismissal for lack of prosecution, costs in dispossessory warrant cases 2706 MUNICIPAL COURT OF SAVANNAH Jurisdiction, procedure, costs 2576 MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1387
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MUNICIPALITIES Enforcement of traffic laws 1422 Minimum grants under 1967 Act 3696 Publication of financial statements 323 Purchases by State Supervisor of Purchases 1352 Sale, etc. of alcoholic beverages at Airports owned or operated by counties or municipalities 1443 Sale, etc. of malt beverages at airports owned or operated by municipalities or counties 1441 Sale of wine at airports owned or operated by counties or municipalities 1438 Taxation of life insurance companies 1396 Uniform standards for audits 464 Voter registration 866 MURRAY COUNTY Salary of judge of superior court 377 MUSCOGEE COUNTY Muscogee County-City of Columbus charter commission, proposed amendment to the Constitution 1508 Ordinances, proposed amendment to the Constitution 1526 Sanitation districts, proposed amendment to the Constitution 1540 MUSCOGEE COUNTY AIRPORT COMMISSION Created, proposed amendment to the Constitution 1655 N NASHVILLE, CITY OF Corporate limits 3754 NATIONAL MEMORIAL DAY Public and legal holiday 986 NEGOTIABLE INSTRUMENTS Notices of attorney's fees 317 NEWTON COUNTY Act placing sheriff on salary basis amended 2735 Terms of superior court 376 NICHOLLS, CITY OF Compensation of mayor and aldermen 2189 Treasurer's duties 2093
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NORTH GEORGIA MOUNTAINS AUTHORITY Enacted 297 NORTH GEORGIA MOUNTAINS COMMISSIONS ACT Enacted 291 NORTH HIGH SHOALS, TOWN OF Corporate limits 2624 NURSING HOMES Georgia State Board of Nursing Homes Act 1143 O OCMULGEE JUDICIAL CIRCUIT Additional judge 343 OGEECHEE JUDICIAL CIRCUIT Terms 871 OGLETHORPE, CITY OF See tabular indexMunicipalitiesHome Rule Amendments . OKEFENOKEE PARKWAY Designated 1181 ORDINARIES Compensation in certain counties (500,000 or more) 2109 Funds of minors and insane persons 1363 ORDINARIES RETIREMENT FUND ACT Amended 548 P PARDONS AND PAROLES, STATE BOARD OF Practice of law before State Board of Pardons and Paroles 1193 PARKS, BILLY W. Compensation for damages 3307
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PARKS DEPARTMENT Director's salary 316 PAULDING COUNTY Board of education, referendum 2381 Number of deputy sheriffs 2385 PAULDING COUNTY WATER AUTHORITY Sewerage system and fire districts 2678 PEACE OFFICERS Scholarships to children under certain circumstances, proposed amendment to the Constitution 1573 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 536 PEACH COUNTY Clerk of superior court placed on salary basis 2671 Ordinary placed on salary basis 2469 Tax commissioner placed on salary basis 2667 Terms of commissioners of roads and revenues 2473 PERRY, CITY OF See tabular indexMunicipalitiesHome Rule Amendments . PHOENIX AIR CONDITIONING, INC. Compensation for damages 2982 PIEDMONT JUDICIAL CIRCUIT Solicitor-general placed on salary basis 1424 PIERCE COUNTY Board of education, referendum 2761 Salary of chairman of commissioners of roads and revenues 2649 Salaries of deputy sheriffs 2739 PIKE COUNTY Compensation of superior court court reporter 349 Salary of solicitor-general 455 Terms of superior court 1094
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PITTS, GLAWER Compensation for damages 3304 PLANNING COMMISSION ACT OF 1957 Amended 1394 , 1397 , 1409 PLANNING COMMISSIONS AND BOARDS OF ZONING APPEALS Amended in certain counties (300,000 or more) 3477 PLANNING DEPARTMENTS Duties in certain counties (500,000 or more) 3480 PLUMBING CONTRACTORS Examining board created 308 POLK COUNTY Annual audits 3450 Employees 3635 POLYGRAPH EXAMINERS ACT Enacted 1217 POPE, MRS. EURA MAE Compensation for damages 3286 POPE, MRS. HERSHEL V. Compensation for damages 3280 POSSESSION OF FIREARM DURING COMMISSION OF CRIME Felony 982 PRACTICE AND PROCEDURE Affidavits for attachment 1013 Alternate jurors in felony cases 1225 Appellate Procedure Act of 1965 amended 1072 Attorney's fees on notes, etc. 317 Civil Practice Act of 1966 amended 1104 General Assembly members exempt from subpoenas, etc. during sessions 1200 Georgia Civil Practice Act amended 1036 Laborer's and materialmen's liens 317
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Personal jurisdiction over persons doing business in Georgia 1419 Proceedings against tenants holding over in certain counties (500,000 or more) 1215 Real property improvements, statute of limitations 127 Unliquidated Damages Interest Act 1156 Witness fees of peace officers 434 PRESTIGE LICENSE PLATES ACT Enacted 1404 PRISON INDUSTRIES ACT Amended 1011 PRISONS Sale of goods manufactured by inmates 1092 PROBATION First offenders 324 PROFESSIONAL TEACHING PRACTICES ACT Amended 330 PROPERTIES CONTROL COMMISSION Governor's Mansion on the Prado 1382 Railroad property 836 PUBLIC HEALTH Immunization of pupils of public schools 1436 PUBLIC SAFETY, DEPARTMENT OF Persons entitled to honorary drivers' licenses 1202 Security Guard Division 475 The Drivers Training School License Act 436 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Authorized, proposed amendment to the Constitution 1595 PULASKI COUNTY See also tabular indexCounties and County MattersHome Rule Actions . PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1496
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PUTNAM COUNTY Additional judge of superior court 343 PUTNAM COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1860 Q QUITMAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1620 R R R SALES COMPANY Compensation for damages 3291 RABUN COUNTY Commissioners of roads and revenues, referendum 2272 Secretaries of ordinary, tax commissioner and clerk of superior court 2601 RADAR Use of radar speed detection devices 425 RADIATION CONTROL COUNCIL Members 546 RADIOACTIVE WASTE DISPOSAL Procedure, etc. 1152 RAILROADS Registry of mortgages 1150 RAVAN, CLYDE Compensation for damages 3268 RAYLE, TOWN OF Incorporated, referendum 3462 REAL PROPERTY Statute of limitations for improvements 127 Taxes on transfers 1102
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RECREATION EXAMINERS Board of Recreation Examiners created 137 RENFROE, CLAUDE H., JR. Compensation for damages 3290 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 1088 RETIREMENT See named retirement system . REVENUE See also Georgia Retailers' and Consumers' Sales and Use Tax Act . Ad valorem taxes on motor vehicles 380 Disabled Veterans Homestead Exemption, proposed amendment to the Constitution 1632 Distinctive license plates for members of General Assembly 1216 Equalized Adjusted School Property Tax Digest Act amended 283 Fair market value, levy of taxes 358 Homestead exemptions for persons over 65 years of age, proposed amendment to the Constitution 1690 Income tax deductions 539 Income tax exemptions for student dependents 1037 Income taxes, exchange of property for corporate stock, etc. 116 Motor vehicle license tags to disabled veterans 1211 Penalties for nonpayment of taxes in certain counties (150,000-179,999) 1067 Prestige License Plate Act 1404 Purchase of motor vehicle license plates by mail 1386 Sale of contraband malt beverages 1142 Tax collectors' cash book 1115 Tax on motor carriers for use of highways 360 Tax on transfer of real property 1102 Valuation of properties of public utilities 1180 REVENUE BOND LAW Amended, maximum rate of interest 1010 REVENUE COMMISSIONERS Compensation 118 License plates to citizen band radio operators 43
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RICHMOND COUNTY Authority of General Assembly to consolidate governments, proposed amendment to the Constitution 1787 Board of education, vacancies 3653 Compensation of superior court judges 355 Elections of members of county board of education 2684 Ordinances, proposed amendment to the Constitution 1506 RIGGINS, MRS. FRANCIS B. Compensation for damages 3300 RIVERDALE, CITY OF Charter amended 3626 ROCKDALE COUNTY Bonds for education purposes, proposed amendment to the Constitution 1878 Deputy Sheriffs 2083 Terms of superior court 376 ROCKMART, CITY OF New charter 3224 ROSWELL, CITY OF Terms of mayor and councilmen 3577 RUTLEDGE, CITY OF Name changed from Town of Rutledge, etc. 2617 S SAVANNAH, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments . Historic zones, proposed amendment to the Constitution 1591 Savannah-Chatham County, board of education, referendum 2636 Taxation, proposed amendment to the Constitution 1745 SAVANNAH, MUNICIPAL COURT OF Jurisdiction, procedure, costs 2576 SCHOLARSHIPS Interim Study Committee on College Grants and Scholarships to Students 1373
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SCHOOL SUPERINTENDENT, STATE Election, proposed amendment to the Constitution 1560 SCHROER, ALBERT J., JR. Restoration of right of citizenship 256 SCREVEN COUNTY Superior court terms 871 Sylvania-Screvens Airport Authority Act 2787 Tax to support Sylvania-Screven Airport Authority, proposed amendment to the Constitution 1755 SECONDARY SECURITY DEEDS Act regulating charges amended 1086 SECRETARY OF STATE Distribution of rules under Administrative Procedure Act 115 Election, proposed amendment to the Constitution 1560 Georgia Business Corporation Code 565 SECURITY DEEDS Act regulating charges on secondary security deeds amended 1086 SENATE Reapportionment 36 Thirty-second Senatorial district 560 SHERIFFS Employees in certain counties (135,000-140,000) 2654 Fees 988 Investigations into charges against sheriffs 1248 Salaries in certain counties (500,000 or more) 3479 SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 1203 SMALL CLAIMS COURTS Created in certain counties (9,977-10,140) 2386 Created in Dooly County 2429 Harris County court act amended 2462 SMYRNA, CITY OF Corporate limits 3587
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SOLICITATION OF PAYMENTS Use of invoice for goods, etc. not ordered 322 SOLICITORS-GENERAL Contingent expense allowance 535 Office designated as district attorney, proposed amendment to the Constitution 1567 Placed on salary basis 992 SOUTHERN INTERSTATE NUCLEAR COMPACT Amended 475 SPALDING COUNTY Compensation of superior court court reporter 349 Fire protection districts, proposed amendment to the Constitution 1704 Salary of solicitor-general 455 Tax commissioner's office hours 2588 SPARTA, CITY OF New charter 3555 SPRINGFIELD, CITY OF Charter amended 2316 SPRINGFIELD, CITY COURT OF Judge's salary 2584 STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS Created 308 STATE COURT OF HOUSTON COUNTY Jurisdiction, solicitor's duties 2656 STATE COURT OF LAURENS COUNTY Name changed from City Court of Dublin 2019 STATE DEPARTMENT OF AIR TRANSPORTATION Created, etc. 130 STATE DEPOSITORIES Bonds 485
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STATE LITERATURE COMMISSION Act amended 319 STATE MEDICAL EDUCATION BOARD Created, proposed amendment to the Constitution 1686 STATE PROPERTIES CONTROL COMMISSION Amendment of lease with City Center Incorporated ratified 838 Western and Atlantic Railroad 836 Described property in DeKalb County 835 Land in Stephens County 1367 STATESBORO, CITY COURT OF Name changed to Civil and Criminal Court of Bulloch County, salaries 3433 STATESBORO, CITY OF Charter amended 3637 STATE SCHOLARSHIP COMMISSION ACT Amended 385 STATE SCHOOL SUPERINTENDENT Election, proposed amendment to the Constitution 1560 STATE TREASURER Election, proposed amendment to the Constitution 1560 STATUTE OF LIMITATIONS Improvements to real property 127 STATUTES Effective dates 1364 Interpretation of elections of members of General Assembly 870 STEPHENS COUNTY Salary of clerk of superior court, etc. 2848 Salary of ordinary, etc. 2850 Sheriff's salary, etc. 2846 STEPHENS COUNTY, CITY COURT OF Salaries of judge and solicitor 3546
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STEPHENS COUNTY DEVELOPMENT AUTHORITY Bonds 2527 Created, proposed amendment to the Constitution 1854 STEWART COUNTY Clerk of superior court and ordinary placed on salary basis 2505 Compensation of commissioner of roads and revenues 2800 Compensation of tax commissioner 3618 Sheriff's salary 2509 STEWART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1647 STONE MOUNTAIN JUDICIAL CIRCUIT Terms 376 SUMTER COUNTY Board of education, referendum 2065 Salaries of clerk of superior court and deputies 2071 SUMTER COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Americus, judge's salary 3428 SUPERVISOR OF PURCHASES Disposal of State surplus property 1148 Purchases by local political subdivisions 1352 SURFACE MINING Georgia Surface Mining Act of 1968 9 SURPLUS PROPERTY Procedure to dispose of State surplus property 1148 SWAINSBORO, CITY OF Charter amended 2934 SYLVANIA-SCREVEN AIRPORT AUTHORITY ACT Enacted 2787
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T TALBOT COUNTY Compensation of sheriff, etc. 2502 Compensation of tax commissioner 2500 TALIAFERRO COUNTY Compensation of county commissioners 2075 Sheriff's salary 2073 Solicitor-General placed on salary basis 247 TATTNALL COUNTY Board of education 2077 Commissioners of roads and revenues 2080 Judge of superior court's secretary 50 TATTNALL COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1662 TAX ASSESSORS Act creating joint board of tax assessors in certain counties amended (counties having greater part of municipalities of 300,000 or more) 3709 TAX COLLECTORS Cash books 1115 TAXICABS License fees in certain municipalities (300,000 or more) 3310 TAYLOR COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1709 TEACHER CERTIFICATION POLICIES STUDY COMMITTEE Report adopted 1178 TEACHER HALL OF FAME Established 1374 TEACHERS RETIREMENT SYSTEM ACT Amended 543 , 1405
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TELEPHONES Obscene or harassing telephone calls 9 TELFAIR COUNTY Members of hospital authority 2403 TESTAMENTARY ADDITIONS TO TRUSTS ACT Enacted 1068 THOMAS, WALLACE Compensation for damages 3284 THOMASTON, CITY OF Ad valorem taxation 2693 City of Thomaston-Upson County joint board of tax assessors, etc., proposed amendment to the Constitution 1503 Corporate limits 2698 Joint board of tax assessors with Upson County 2322 THOMASTON-UPSON COUNTY OFFICE BUILDING AUTHORITY Members 2558 THOMASVILLE, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments. Board of education 2359 THOMPSON, IRENE Compensation for damages 3302 TIE IN SALES OF BOOKS, MAGAZINES, ETC. Prohibited 998 TIFT COUNTY Building permits 2674 Vice chairman of commissioners of roads and revenues 2376 TIFT COUNTY AIRPORT AUTHORITY Created, etc. 2628
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TIFTON, CITY OF Commissioners, referendum 2023 Commissioners' salaries 2028 Police court 2020 TOBACCO Act regulating sale of flue-cured tobacco amended 1242 TOOMBS COUNTY Board of education, referendum 3424 Compensation of sheriff 2436 Named officers placed on salary basis 2424 Office of tax commissioner created 2417 TOOMBS JUDICIAL CIRCUIT Solicitor-General placed on salary basis 247 TORTS Liability of manufacturers and sellers of personalty 1166 Liability of owners of watercraft 1416 TRAFFIC SAFETY STUDY COMMITTEE Created 1384 TRAVERSE JURIES Selection 533 TREASURER, STATE Election, proposed amendment to the Constitution 1560 TRENTON, CITY OF Eminent domain 2038 Salaries of mayor, councilmen and recorder 2040 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Created 259 TROUP COUNTY Salaries of named officers 2689 TUNNELL HILL, TOWN OF Maximum fines for violating ordinances 2421 TWIN CITY, CITY OF Charter amended 2511
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U UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended 1427 Amended, traffic regulations 1065 Driving or operating under influence of intoxicants 448 Enforcement of traffic laws within municipalities 1422 Speed restrictions on limited access highways 987 , 1158 UNIFORM COMMERCIAL CODE Sales by auction 1101 Security interests in property of certain utilities 1151 UNIFORM CONSUMER CREDIT CODE STUDY COMMITTEE Created 1430 UNIFORM DECEPTIVE TRADE PRACTICES ACT Enacted 337 UNIFORM STANDARDS CODE FOR FACTORY MANUFACTURED MOVABLE HOMES ACT Enacted 415 UNIVERSITY SYSTEM Athletic associations 1377 Land conveyance authorized 483 UNION COUNTY Compensation of sheriff, etc. 2264 UNLIQUIDATED DAMAGES INTEREST ACT Enacted 1156 U. S. INTERNAL REVENUE TAXES Liens 561 USED CAR DEALERS' REGISTRATION ACT Amended 23
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UPSON COUNTY City of Thomaston-Upson County joint board of tax assessors, etc., proposed amendment to the Constitution 1503 Compensation of superior court court reporter 349 Joint board of tax assessors with City of Thomaston 2322 Members Thomaston-Upson County Office Building Authority 2558 Salary of solicitor-general 455 UTILITIES Cost of relocating lines for highway purposes 345 Registry of mortgages 1150 Security interest in property 1151 V VALDOSTA, CITY OF Authority to consolidate ad valorem tax matters with Lowndes County, proposed amendment to the Constitution 1777 VARNELL, CITY OF Incorporated, referendum 3065 VENUE Personal jurisdiction over persons doing business in Georgia 1419 VETERANS Additional points on examinations where records kept by Joint Secretary, State Examining Boards 1213 Disabled Veterans Homestead Exemption, proposed amendment to the Constitution 1632 Georgia State War Veterans Home Act amended 1247 Honorary drivers licenses 1202 Motor vehicle license tags to disabled veterans 1211 Recording of discharge certificates 1201 VETERANS SERVICE, DEPARTMENT OF Records 1096 VIDALIA, CITY OF New charter 3136
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W WALKER COUNTY Board of education, referendum 2235 Salaries of solicitor-general and clerk typist 48 WALKER COUNTY-RURAL WATER AND SEWER AUTHORITY Members 3526 WALKER, WENDELL Compensation for damages 3279 WARE COUNTY Consolidation of government with City of Waycross, proposed amendment to the Constitution 1846 Duties of sheriff, county police force, proposed amendment to the Constitution 1880 WARNER ROBINS, CITY OF Charter amended 2283 WARREN COUNTY Solicitor-General placed on salary basis 247 WARREN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1872 WASHINGTON COUNTY Act placing sheriff on salary basis amended 3395 Salary of clerk of superior court 2808 WASHINGTON COUNTY AIRPORT AUTHORITY Created, etc. 2748 WATERCRAFT Liability of owners 1416 WAVERLY HALL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1844
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WAVERLY HALL, TOWN OF Charter amended 3676 WAYCROSS, CITY OF Consolidation of government with Ware County, proposed amendment to the Constitution 1846 WAYNE COUNTY Board of education, referendum 3361 Exchange of lands authorized 1378 Grand juries 375 Terms of commissioners of roads and revenues 2746 WAYNESBORO, CITY COURT OF Compensation of judge and solicitor 2542 WEBSTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1748 WESTERN AND ATLANTIC RAILROAD COMMISSION Lease amendment with City Center Incorporated ratified 838 WESTERN AND ATLANTIC RAILROAD Lease accepted 54 Lease amended 845 WEST GEORGIA AIRPORT AUTHORITY Created, etc. 2769 WEST POINT, CITY OF Authority to close and sell described street 2660 WHITAKER, MRS. DAPHNE Compensation for damages 3276 WHITE COUNTY County depository 3755 WHITE, E. C. Compensation for damages 3272
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WHITE, MRS. VONCEILLE T. Compensation for damages 3262 WHITESBURG, CITY OF Charter amended 2311 WHITFIELD COUNTY Compensation of board of commissioners 3682 Dalton-Whitfield County Development Authority, proposed amendment to the Constitution 1482 Salaries of sheriff, clerk of superior court and ordinary 3510 Salary of judge of superior court 377 Salary of tax commissioner 3512 WILCOX COUNTY Salary of solicitor-general 19 WILKES COUNTY Compensation of ordinary 2089 Land conveyance 336 Salary of deputy clerk of superior court 2810 Solicitor-General placed on salary basis 247 WILKINSON COUNTY Additional judge of superior court 343 WILLS AND ADMINISTRATION OF ESTATES Appraisements of estates 474 Dower rights, etc. 1093 , 1227 Residuum 1070 Testamentary Additions to Trusts Act 1068 Year's support 997 WINES Sale at airports owned or operated by counties or municipalities 1438 WISHAM, LEE Compensation for damages 3263 WITNESS FEES Peace officers 434
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WOODLAND, CITY OF Charter amended 2591 City of Woodland Development Authority created, proposed amendment to the Constitution 1699 WORTH COUNTY Clerk of superior court 2049 Effective date of Act placing ordinary on salary basis 2051 WORKMEN'S COMPENSATION ACT Amended 3 , 1163 WRIGHTSVILLE, CITY OF Recorder 2720 Y YEARS SUPPORT Returns by appraisers 997 Z ZONING AND PLANNING COMMISSIONS Act creating in certain counties amended (300,000 or more) 3769
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INDEX 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 23,190 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 24,750 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 Dhattahoochee 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 12,627 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 14,291 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 35,404 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 7,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,837 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 23,487 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 8,536 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 County Population Echols 1,876 Quitman 2,432 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 15,827 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
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MEMBERS OF THE GENERAL ASSEMBLY GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 48 Barrow 48 Bartow 51 Ben Hill 13 Berrien 8 Bibb 26-27 Bleckley 19 Brantley 6 Brooks 9 Bryan 5 Bulloch 4 Burke 21 Butts 28 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 6 Chatham 1-2-3 Chattahoochee 14 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 44 Clinch 7 Cobb 32-33 Coffee 7 Colquitt 9 Columbia 24 Cook 8 Coweta 30 Crawford 18 Crisp 13 Dade 53 Dawson 49 Decatur 11 DeKalb 41,42,43 Dodge 19 Dooly 19 Dougherty 12 Douglas 31 Early 11 Echols 8 Effingham 4 Elbert 47 Emanuel 21 Evans 4 Fannin 50 Fayette 30 Floyd 52 Forsyth 49 Franklin 47 Fulton 34-40 Gilmer 50 Glascock 24 Glynn 5 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 17 Hart 47 Heard 29 Henry 44 Houston 18 Irwin 13 Jackson 48 Jasper 45 Jeff Davis 6 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 28 Lanier 8 Laurens 20 Lee 13 Liberty 5 Lincoln 24 Long 5 Lowndes 8 Lumpkin 49 Macon 17 Madison 46 Marion 17 McDuffie 24 McIntosh 5 Meriwether 29 Miller 11 Mitchell 10 Monroe 28 Montgomery 20 Morgan 45 Murray 54 Muscogee 15-16 Newton 45 Oconee 46 Oglethorpe 46 Paulding 31 Peach 18 Pickens 50 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 45 Quitman 14 Rabun 50 Randolph 14 Richmond 22-23 Rockdale 44 Schley 17 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 14 Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 17 Telfair 19 Terrell 14 Thomas 10 Tift 9 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 24 Washington 25 Wayne 6 Webster 14 Wheeler 20 White 50 Whitfield 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13
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MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1967-1968 Name District Post Office Abney, Billy Shaw 53rd P. O. Box 607, LaFayette 30728 Adams, Billy 26th Springdale Dr., Macon 31204 Adams, Ronald F. 5th P. O. Box 857, Brunswick 31521 Andrews, Robert E. 49th 310 Brenau Ave., N. E., Gainesville 30501 Bateman, Oliver C. 27th 247 Candler Dr., Macon 31204 Broun, Paul C. 46th 520 W. Cloverhurst, Athens 30601 Carter, Hugh A. 14th P. O. Box 97, Plains 31780 Chapman, Cyrus M. (Cy) 32nd 698 Kennesaw Dr., Smyrna 30080 Coggin, Frank E. 35th 301C International Office Park, 1001 Virginia Avenue Hapeville 30054 Conway, H. McKinley, Jr. 41st 3272 Inman Dr., N. E., Atlanta 30319 Cox, Jay Carroll 21st P. O. Box 37, Twin City 30471 Dean, Roscoe Emory, Jr. 6th 612 Cherry St., Jesup 31545 Eldridge, Frank Jr. 7th P. O. Box 1141, Waycross 31501 Fincher, Jack C., Sr. 51st 60 Muriel St., Canton 30114 Fincher, W. W., Jr. 54th Box 149, Chatsworth 30705 Flowers, William Howard, Jr. 10th Merrily Plantation, Thomasville 31792 Gardner, Jay D. 1st 15 Drayton St., Savannah 31401 Gillis, Hugh M. 20th Soperton 30457 Georgia, I. William Bill, Jr. 15th 1259 Owsley Ave., Columbus 31906 Hall, J. Battle 52nd P. O. Box 1267, Rome 30161 Hansley, Sam P. 52nd Rt. 4, Marietta 30060 Hill, render 29th Greenville 30222 Holley, R. Eugene 22nd Commerce Building, Augusta 30902 Holloway, A. W. Al 12th P. O. Box 588, Albany 31702 Johnson, Ben F. 42nd Emory University Law School, Atlanta 30322 Johnson, Leroy R. 38th 372 Larchmont Dr., N.W., Atlanta 30318 Kennedy, Joesph E. 4th 206 New Drive, Claxton 30417 Kidd, Culver 25th Milledgeville 31061 Kilpatrick, Thomas Kenneth 44th 102 North Cheryl Dr., Marrow 30260 Knight, John Steverson 16th 2518 Country Club Road, Columbus 31902 Lee, Robert E., Jr. 47th Box 548, Elberton 30635 London, Maylon K. 50th Box 325, Cleveland 30528 MacIntyre, Dan I., III 40th 363 Valley Green Dr., N.E., Atlanta 30305 McGill, Sam P. 24th Tignall Rd., Washington 30673 McKenzie, John T. 17th P. O. Box 271, Montezuma 31063 Miller, Frank G. 43rd 3361 Rainbow Dr., Decatur 30032 Minish, Dr. J. A. 48th Commerce 30529 Moore, Albert F. 31st P. O. Box 207, Cedartown 30125 Noble, Roy V. 19th R.F.D. 3, Vienna 31092 Padgett, Michael J. 23rd Rt. 2, McBean 30908 Pennington, Brooks, Jr. 45th Crawford St., Madison 30650 Plunkett, Lamar R. 30th 50 Morris St., Bowdon 30108 Rowan, Robert A. (Bobby) 8th Enigma 31749 Searcey, William A. 2nd 2017 Colonial Dr., Savannah 31406 Sells, Jack 37th 1719 Pine Ridge Dr., N.E., Atlanta 30318 Shea, Bart E. 3rd P. O. Box 593, Savannah 31401 Smalley, Robert Harris, Jr. 28th P.O. Box 116, Griffin 30223 Smith, W. Armstrong 34th 1405 DeLowe Dr., S.W., Atlanta 30311 Smith, Stanley E., Jr. 18th 810 Forest Hill Dr., Perry 31069 Spinks, Ford Belmont 9th Rt. 1, Tifton 31794 Stephens, Jack L. 36th 2484 Macon Dr., S.E., Atlanta 30315 Ward, Horace T. 39th 859 Hunter St., N.W., Atlanta 30314 Webb, Julian 11th P. O. Box 277, Donalsonville 31745 Young, Martin 13th Rt. 2, Rebecca 31783
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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1967-1968 District Name Address 1. Gardner, Jay D. 15 Drayton St., Savannah 31401 2. Searcey, William A. 2017 Colinial Dr., Savannah 31406 3. Shea, Bart E. P.O. Box 593, Savannah 31401 4. Kennedy, Joseph E. 206 New Drive, Claxton 30417 5. Adams, Ronald F. P. O. Box 857, Brunswick 31521 6. Dean, Roscoe Emory, Jr. 612 Cherry St., Jesup 31545 7. Eldridge, Frank, Jr. P. O. Box 1141, Waycross 31501 8. Rowan, Robert A. (Bobby) Enigma 31749 9. Spinks, Ford Belmont Rt. 1, Tifton 31794 10. Flowers, Williams Howard, Jr. Merrily Plantation, Thomasville 31792 11. Webb, Julian P. O. Box 277, Donalsonville 31745 12. Holloway, A. W. A1 P. O. Box 588, Albany 31702 13. Young, Martin Rt. 2, Rebecca 31783 14. Carter, Hugh A. P. O. Box 97, Plains 31780 15. Gregory, I. William Bill, Jr. 1259 Owsley Ave., Columbus 31906 16. Knight, John Steverson 2518 County Club Road, Columbus 31902 17. McKenzie, John T. P. O. Box 271, Montezuma 31063 18. Smith, Stanley E., Jr. 810 Forest Hill Dr., Perry 31069 19. Noble, Roy V. R.F.D. 3, Vienna 31092 20. Gillis, Hugh M. Soperton 30457 21. Cox, Jay Carroll P. O. Box 37, Twin City 30471 22. Holley, R. Eugene Commerce Building, Augusta 30902 23. Padgett, Michael J. Rt. 2, McBean 30908 24. McGill, Sam P. Tignall Rd., Washington 30673 25. Kidd, Culver Milledgeville 31061 26. Adams, Billy Springdale Dr., Macon 31204 27. Bateman, Oliver C. 247 Candler Dr., Macon 31204 28. Smalley, Robert Harris, Jr. P. O. Box 116, Griffin 30223 29. Hill, Render Greenville 30222 30. Plunkett, Lamar R. 50 Morris St., Bowdon 30108 31. Moore, Albert F. P. O. Box 207, Cedartown 30125 32. Chapman, Cyrus M. (Cy) 698 Kennesaw Dr., Smyrna 30080 33. Hensley, Sam P. Rt. 4, Marietta 30060 34. Smith, W. Armstrong 1405 DeLowe Dr., S.W., Atlanta 30311 35. Coggin, Frank E. 301C International Office Park, 1001 Virginia Avenue, Hapeville 30054 36. Stephens, Jack L. 2484 Macon Dr., S. E., Atlanta 30315 37. Sells, Jack 1719 Pine Ridge Dr., N.E., Atlanta 30318 38. Johnson, Leroy R. 372 Larchmont Dr., N.W., Atlanta 30318 39. Ward, Horace T. 859 Hunter St., N.W., Atlanta 30314 40. MacIntyre, Dan I., III 363 Valley Green Dr., N.E., Atlanta 30305 41. Conway, H. McKinley, Jr. 3272 Inman Dr., N.E., Atlanta 30319 42. Johnson, Ben F. Emory University Law School, Atlanta 30322 43. Milller, Frank G. 3361 Rainbow Dr., Decatur 30032 44. Kilpatrick, Thomas Kenneth 102 North Cheryl Dr., Morrow 30260 45. Pennington, Brooks, Jr. Crawford St., Madison 30650 46. Broun, Paul C. 520 W. Cloverhurst, Athens 30601 47. Lee, Robert E., Jr. Box 548, Elberton 30635 48. Minish, Dr. J. A. Commerce 30529 49. Andrews, Robert E. 310 Brenau Ave., N.E., Gainesville 30501 50. London, Maylon K. Box 325, Cleveland 30528 51. Fincher, Jack C., Sr. 60 Muriel St., Canton 30114 52. Hall, J. Battle P. O. Box 1267, Rome 30161 53. Abney, Billy Shaw P. O. Box 607, LaFayette 30728 54. Fincher, W. W., Jr. Box 149, Chatsworth 30705
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GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 74 Atkinson 97 Bacon 91 Baker 78 Baldwin 47 Banks 17 Barrow 23 Bartow 14 Ben Hill 72 Berrien 96 Bibb 107-109 Bleckley 71 Brantley 84 Brooks 99 Bryan 65 Bulloch 64 Burke 50 Butts 45 Calhoun 78 Camden 98 Candler 63 Carroll 32 Catoosa 2 Charlton 98 Chatham 113-116 Chattahoochee 56 Chattooga 7 Cherokee 15 Clarke 29 Clay 78 Clayton 35 Clinch 97 Cobb 101-103 Coffee 82 Colquitt 94 Columbia 41 Cook 96 Coweta 33 Crawford 52 Crisp 69 Dade 1 Dawson 10 Decatur 89 DeKalb 117-119 Dodge 70 Dooly 69 Dougherty 79 Douglas 27 Early 86 Echols 97 Effingham 65 Elbert 25 Emnauel 54 Evans 63 Fannin 4 Fayette 35 Floyd 13 Forsyth 10 Franklin 18 Fulton 120-141 Gilmer 9 Glascock 40 Glynn 85 Gordon 8 Grady 90 Greene 38 Gwinnett 22 Habersham 11 Hall 16 Hancock 39 Haralson 26 Harris 100 Hart 19 Heard 33 Henry 36 Houston 59 Irwin 81 Jackson 24 Jasper 46 Jeff Davis 91 Jefferson 49 Jenkins 50 Johnson 48 Jones 46 Lamar 44 Lanier 97 Laurens 60 Lee 67 Liberty 76 Lincoln 31 Long 75 Lowndes 95 Lumpkin 5 Macon 58 Madison 17 Marion 57 McDuffie 40 McIntosh 76 Meriwether 43 Miller 87 Mitchell 88 Monroe 45 Montgomery 61 Morgan 38 Murray 3 Muscogee 110-112 Newton 37 Oconee 30 Oglethorpe 30 Paulding 21 Peach 52 Pickens 9 Pierce 84 Pike 44 Polk 20 Pulaski 71 Putnam 39 Quitman 66 Rabun 6 Randolph 66 Richmond 104-106 Rockdale 117 Schley 58 Screven 55 Seminole 87 Spalding 34 Stephens 12 Stewart 56 Sumter 68 Talbot 100 Taliaferro 31 Tattnall 75 Taylor 57 Telfair 73 Terrell 67 Thomas 92 Tift 93 Toombs 62 Towns 6 Treutlen 61 Troup 42 Turner 81 Twiggs 53 Union 5 Upson 51 Walker 1 Walton 28 Ware 83 Warren 40 Washington 48 Wayne 77 Webster 56 Wheeler 61 White 6 Whitfield 3 Wilcox 73 Wilkes 31 Wilkinson 53 Worth 80
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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES Name District Post Office Adams, G. D., Jr. 125 532 St. Johns Ave., S.W., Atlanta 30315 Alexander, William H. 133 859 Hunter St., N.W., Atlanta 30314 Anderson, John H., Jr. 71 Anderson Road, Hawkinsville 31036 Ballard, W. D. 37 405 Haygood St., Oxford 30267 Barber, Mac 24 Commerce 30529 Barfield, H. M. 95-Post 2 Hahira 31632 Battle, Joseph A. (Joe) 116-Post 2 2308 Ranchland Dr., Savannah 31404 Bennett, Jim, T., Jr. 95-Post 3 R.F.D., Smithbriar Dr., Valdosta 31601 Berry, C. Ed 110-Post 1 P. O. Box 1422 Columbus 31902 Berry, Jack K. 113-Post 2 P. O. Box 115, Savannah 31402 Black, J. Lucius 56 Preston 31824 Blalock, D. B. (Brack) 33-Post 1 40 Nimmons St., Newnan 30263 Bond, Julian 136 823 Drummond St., S.W., Atlanta 30314 Bostick, Henry 93 P. O. Box 94, Tifton 31794 Bowen, Rooney L. 69-Post 2 Box 323, Vienna 31092 Branch, E. O. (Gene) 74 Rt. 3, Baxley 31513 Brantley, Haskew H., Jr. 139 6114 Riverside Dr., N. W., Atlanta 30328 Brantley, Hines L. 63 Metter 30439 Bray, Claude A., Jr. 43 111 Mayes Way, Manchester 31816 Brown, Benjamin D. 135 196 Napoleon Dr., S.W., Atlanta 30314 Brown, Clayton, Jr. 34-Post 2 550 S. Hill St., Griffin 30223 Buck, Thomas B., III 112-Post 3 P. O. Box 196, Columbus 31902 Busbee, George D. 79-Post 1 1205 3rd Avenue, Albany 31701 Caldwell, Johnnie Lafayette 51 720 S. Church St., Thomaston 30286 Carnes, Charlie L. 129 1131 Custer Ave., S.E., Atlanta 30316 Cates, Goodwyn Shag 123-Post 3 3234 Roswell Rd., N.W., Atlanta 30305 Cato, Anthony Wallace 89-Post 2 1508 Botts St., Bainbridge 31717 Chandler, Philip M. 47-Post 2 P. O. Box 806, Milledgeville 31061 Cheeks, Donald E. 104-Post 2 754 Metcalf St., Augusta 30904 Clarke, Harold G. 45 Forsyth 31029 Cole, Jack H. 3-Post 1 1802 Elaine Way, Dalton 30720 Collins, John F. 62 Box 407, Vidalia 30474 Collins, Marcus 88 Rt. 1, Pelham 31779 Colwell, Carlton 5 Box 133, Blairsville 30512 Conner, James L. Jimmy 91 P. O. Box 632 Hazlehurst 31539 Cook, Rodney M. 123-Post 1 3495 Valley Rd., N.W. Atlanta 30305 Cooper, Bill 103 Rt. 5, Powder Springs Rd., Marietta 30073 Cooper, J. Robert 16-Post 2 P. O. Box 119, Gainesville 30501 Cox, Dr. William J. 127 324 E. Paces Ferry Rd., N.E., Atlanta 30305 Crowe, William J. 1-Post 2 P. O. Box 481, LaFayette 30728 Crowe, W. J. 80 Sylvester 31791 Dailey, J. T. (Jake) 66 312 College St., Cuthbert 31740 Daugherty, J. C. 134 202 Daugherty Bldg., 15 Chestnut St., S.W., Atlanta 30314 Davis, Walt 119-Post 1 3782 Snapfinger Rd., Lithonia 30058 Dean, Nathan D. 20-Post 2 4009 Third Ave., Rockmart 30153 DeLong, R. Luke 105-Post 1 2137 Balfour St., Augusta 30906 Dent, Richard A. 104-Post 1 2043 Rosalie St., Augusta 30901 Dickinson, Kent 27 Rt. 2, Douglasville 30134 Dillon, Tom 128 2528 Linda Lane, S.E., Atlanta 30315 Dixon, Harry D. 83-Post 2 1303 Coral Rd., Waycross 31501 Dodson, Carr Glover 107 3795 Bonita Place, Macon 31204 Dollar, Hubert 89-Post 1 1805 Douglas Dr., Bainbridge 31717 Dorminy, A. B. C. (Brad) 72 701 W. Central Ave., Fitzgerald 31750 Doster, Norman B. 73 Rochelle 31079 Douglas, Dubignion (Dub) 60-Post 2 1408 Edgewood Ave., Dublin 31021 Edwards, Ward 57 Butler 31006 Egan, Michael J., Jr. 141 1500 1st Nat. Bank Bldg., Atlanta 30303 Fallin, Billy Gene 94-Post 1 2021 S. Main St., Moultrie 31768 Farmer, Leon, Jr. 29-Post 1 414-415 Southern Mutual Bldg., Athens 30601 Farrar, Robert H. 118-Post 2 2996 Majestic Cir., Avondale Estates 30002 Fleming, William M., Jr. 106-Post 1 1700 C Valley Park Ct., Augusta 30902 Floyd, James H. Sloppy 7 Box 521, Trion 30753 Funk, Arthur J. 116-Post 3 7 Grimball River Rd., Savannah 31406 Gary, Arch 35-Post 2 626 Valley Hill Rd., Riverdale 30274 Gay, Carlus D. 60-Post 1 1823 Pine Forest Cir., Dublin 31021 Gaynor, Alan S. 114-Post 1 P. O. Box 566, Savannah 31401 Gignilliat, Arthur M., Jr. 113-Post 1 P. O. Box 949, Savannah 31402 Grahl, Daniel K. 52 P. O. Box 591, Fort Valley 31030 Graves, Charles 13-Post 2 209 Billy Pyle Rd., Rome 30161 Grier, Rev. J. D., Jr. 132 596 Glen Iris Dr., N.E., Atlanta 30308 Gunter, Jack N. 11 P. O. Box 396, Cornelia 30531 Hadaway, John H. 46 Hillsboro 31038 Hale, Maddox J. 1-Post 1 Trenton 30752 Hall, H. Goodwin 67 RFD 2, Leesburg 31763 Hamilton, Mrs. Grace T. (Mrs. H. C. Hamilton) 137 582 University Pl., N.W., Atlanta 30314 Hargrett, Dr. McKee 77 198 Conway Dr., Jesup 31545 Harrington, J. Floyd 47-Post 1 Glenhaven, Milledgeville 31061 Harris, Joe Frank 14-Post 1 1 Valley Dr., Cartersville 30120 Harris, J. Robin 118-Post 1 250 E. Ponce de Leon Ave., Decatur 30030 Harris, Reid Walker 85-Post 1 P. O. Box 460, Brunswick 31520 Harrison, Robert Ward, Jr. 98 P. O. Box 207, St. Marys 31558 Henderson, Dr. J. H. Jack, Jr. 102-Post 2 1290 Gresham Rd., Marietta 30060 Higginbotham, Joe S. 119-Post 4 3147 Robindale Rd., Decatur 30030 Hill, Guy 121 1074 Boatrock Rd., Atlanta 30331 Holder, Dr. Frank P., Jr. 70 Drawer 569 Eastman 31023 Hood, John 124 1163 Windsor St., S.W., Atlanta 30310 Howard, G. Robert (Bob) 101-Post 1 206 Roswell St., Suite 202, Marietta 30060 Howell, William Mobley 86 P. O. Box 348, Blakely 31723 Hutchinson, Richard S. (Dick) 79-Post 3 915 -6th Ave., Albany 31705 Jenkins, L. F. 119-Post 2 1953 Boulder Hills Dr., Ellenwood 30049 Johnson, Dr. A. S., Sr. 25 302 Heard St., Elberton 30635 Johnson, Bobby W. 40 P. O. Box 122, Warrenton 30828 Joiner, Francis A. 48-Post 1 P. O. Box 151, Tennille 31089 Jones, Charles M. 76 206 E. Court St., Hinesville 31313 Jones, Milton 112-Post 2 908-2nd Ave., Columbus 30901 Jordan, George 82 Box 175, Douglas 31533 Jordan, W. Harvey 78 Leary 31762 Kaylor, Howard 4 Box 145, McCaysville 30555 Kirksey, Donald R. 87 Rt. 5, Box 222 Colquitt 31737 Knapp, G. Ed 109-Post 2 4435 Pio Nono Ave., Macon 31206 Laite, W. E. Bill, Jr. 109-Post 1 2948 Crestline Dr., Macon 31204 Lambert, Ezekiel Roy 38 104 Washington St., Madison 30650 Lambros, Nick G. 130 P. O. Box 13422, Atlanta 30324 Land, A. T., Sr. 53 Allentown 31003 Lane, Dick 126 2704 Humphries St., East Point 30044 Lane, W. Jones 64-Post 1 Box 484, Statesboro 30458 Lee, Wm. J. Bill 35-Post 1 RFD 1, Forest Park 30050 Lee, William S. (Billy) 79-Post 4 Royal Building Pine Jackson, Albany 31701 Leggett, Homer 21 13 Center St., Hiram 30141 Leonard, Gerald H. 3-Post 3 Box 246, Chatsworth 30705 Levitas, Elliott H. 118-Post 4 1352 Jody Lane, N.E., Atlanta 30329 Lewis, Preston B. 50-Post 1 Forest Dr., Waynesboro 30830 Longino, Young Hugh 122 P. O. Box 37, Fairburn 30213 Lovell, Fulton 6 Clayton 30525 Lowrey, Sidney 13-Post 1 Rt. 7, Rome 30161 Magoon, Harry 19 410 E. Franklin St., Hartwell 30643 Malone, W. B. 117-Post 3 5397 New Peachtree Rd., Chamblee 30005 Mason, James D. 22-Post 2 Rt. 1, Oak Rd., Snellville 30278 Matthews, Chappelle 29-Post 2 116 Shackleford Bldg, Athens 30601 Matthews, Dorsey R. 94-Post 2 Moultrie 31768 Mauldin, A. T. 18 P. O. Box 87, Carnesville 30521 Maxwell, Regnald, Jr. 106-Post 2 909 Marion Bldg., Augusta 30902 Melton, Quimby, Jr. 34-Post 1 Griffin Daily News, Griffin 30223 Merritt, Janet S. (Mrs. Samuel M.) 68-Post 2 234 W. Dodson St., Americus 31709 Miller, Mitch 108 3859 Mathis St., Macon 31206 Mixon, Harry 81 P. O. Box 145, Ocilla 31774 Moate, Marvin E. 39 608 Rabun, Sparta 31087 Moore, Don C. 12 RFD 4, Toccoa 30577 Moore, John Harvey 20-Post 1 503 N. Cave Spring St., Cedartown 30125 Moreland, C. C. 28 969 Holly Hill Rd., Monroe 30655 Mullinax, Edwin G. (Ed) 42-Post 2 611 S. Piney Woods Dr., LaGrange 30240 Murphy, Thomas B. 26 Box 163, Bremen 40110 McClatchey, Devereaux F. 138 1045 Hurt Bldg., Atlanta 30303 McCracken, J. Roy 49 312 Broad St., Avera 30803 McDaniell, Hugh Lee 101-Post 2 1231 Pebble Creek Rd., S. E., Marietta 30060 Nash, Norris J. 22-Post 1 P. O. Box 6, Lilburn 30247 Nessmith, Paul E., Sr. 64-Post 2 Rt. 4, Statesboro 30458 Newton, Albert Sidney 50-Post 2 RFD 4, Box 244, Millen 30442 Nimmer, S. D. 84 Blackshear 31516 Northcutt, Lamar Dailey 35-Post 3 5340 W. Fayetteville Rd., Rt. 2, College Park 30022 Odom, Colquitt Hurst 79-Post 2 1218 -3rd Ave., Albany 31705 Oglesby, Jamie W. 92-Post 1 119 Parkway Dr., Thomasville 31792 Otwell, James A., Jr. 10 Cumming 30130 Pafford, Robert C. (Bobby) 97 Box 415, Lakeland 31635 Palmer, Tom 117-Post 2 3800 Montford Dr., Chamblee 30005 Paris, James W. 23 Winder 30680 Parker, Clarence A. 68-Post 1 Rt. 4, P. O. Box 1308, Americus 31709 Parker, H. Walstein 55 Rt. 6, Sylvania 30467 Parrish, Allen LaRue, Sr. 96 301 E. 4th St., Adel 31620 Peterson, David C. 59-Post 2 Kathleen 31047 Phillips, Glen S. 41 Harlem 30814 Pickard, Mac 112-Post 1 Box 1657, Columbus 31906 Poss, Edwin Carroll 17 RFD, Hull 30646 Potts, George W. 33-Post 2 Rt. 2, Newnan 30263 Ragland, Joe F. 109-Post 3 724 Forest Lake Dr., S., Macon 31204 Rainey, Howard H. 69-Post 1 201-8 St., S., Cordele 31015 Reaves, Henry L. 99 Rt. 2, Quitman 31643 Richardson, Willis J. (Dick), Jr. 116-Post 1 P. O. Box 158, Savannah 31402 Roach, Thomas A. 15 Ball Ground 30107 Ross, Ben Barron 31 Sunrise Drive, Lincolnton 30817 Rowland, Emory L. 48-Post 2 105 Bradford St., Wrightsville 31096 Rush, Dewey D. 75 Rt. R, Box 262, Glennville 30427 Russell, Henry P., Jr. 92-Post 2 Rt. 1, Boston 31626 Savage, Carl Preston, Sr., M.D. 58 Montezuma 31063 Scarlett, Richard Morgan 85-Post 2 P. O. Box 190, Brunswick 31522 Shanahan, Tom L. 8 P. O. Box 427, Calhoun 30701 Sherman, John H., Jr. 105-Post 2 P. O. Box 1063 Augusta 30903 Shields, I. Lawrence 111-Post 1 2506 Techwood Dr., Columbus 31906 Shuman, Jack W. 65 RFD 1, Pembroke 31321 Simmons, Howard 9 Ellijay 30540 Sims, William A. (Bill), Jr. 131 715 Courtenay Dr., N. E., Atlanta 30306 Smith, Geo. L. II 54 Swainsboro 30401 Smith, George W. 117-Post 4 2218 Deer Ridge Dr., Stone Mountain 30083 Smith, J. R. 44 498 Rose Ave., Barnesville 30204 Smith, Virgil T. 3-Post 2 609 Murray Hill Dr., Dalton 30720 Smith, W. Lance 114-Post 2 17 East York St., Savannah 31401 Snow, Wayne, Jr. 1-Post 3 Rt. 2, Chickamauga 30707 Stalnaker, Paul 59-Post 1 112 Patti Dr., Warner Robins 31093 Starnes, Richard L. (Dick), Jr. 13-Post 3 1001 Terrace Dr., Rome 30161 Steis, William Burton 100 Hamilton 31811 Sullivan, B. Jack 95-Post 1 2411 Westwood Dr., Valdosta 31603 Sweat, Ottis, Jr. 83-Post 1 710 Baltimore Ave., Waycross 31501 Thompson, Albert William 110-Post 2 210 Ninth St., Columbus 31901 Thompson, Roscoe 111-Post 2 1725 Stark Ave., Columbus 31906 Threadgill, Jack E. 32-Post 2 404 Oak Ave., Carrollton 30117 Townsend, Kiliaen V. R. 140 120 North Ave., N.W., Atlanta 30313 Tucker, Ray M. 36 P. O. Box 469, McDonough 30253 Turner, Cecil 123-Post 2 1779 Merton Rd., N.E., Atlanta 30306 Tye, J. Robert (Bob) 115-Post 1 15 Redwood Cir., Wilshire Estates, Savannah 31406 Underwood, Joe C. 61 Mt. Vernon 30445 Vaughan, David N., Jr. 14-Post 2 P. O. Box 534, Cartersville 30120 Vaughn, Clarence R., Jr. 117-Post 1 McDonough Rd., Conyers 30207 Walling, Robert H. 118-Post 3 1001 Oxford Rd., N.E., Atlanta 30306 Wamble, Burton M. 90 Rt. 1, Box 119, Cairo 31728 Ward, Bert 2 P. O. Box A, Ringgold 30736 Ware, J. Crawford 42-Post 1 17 Taliaferro Dr., Hogansville 30230 Wells, Hubert H. 30 P. O. Box 11, Watkinsville 30677 Westlake, James R. 119-Post 3 3930 West Side Pl., Ellenwood 30049 Whaley, George W., Jr. 115-Post 2 P. O. Box 197, Pooler 31322 Wiggins, William J. 32-Post 1 202 Tanner, Carrollton 30117 Williams, W. M. (Bill) 16-Post 1 710 Brenau Lane, Gainesville 30501 Wilson, Joe Mack 102-Post 1 306 Northcutt St., Marietta 30060 Wilson, Roger Wesley 109-Post 4 2975 King Alfred Dr., Macon 31204 Winkles, Fred L. 120 878 Falcon Dr., S.W., Atlanta 30311 Wood, Joe T. 16-Post 3 P. O. Box 303, Gainesville 30501
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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1967-1968 District Representative Post Office 1-Post 1 Maddox J. Hale Trenton, 30752 1-Post 2 William J. Crowe P.O. Box 481, LaFayette, 30728 1-Post 3 Wayne Snow, Jr. Rt. 2, Chickamauga, 30707 2 Bert Ward P.O. Box A, Ringgold, 30736 3-Post 1 Jack H. Cole 1802 Elaine Way, Dalton, 30720 3-Post 2 Virgil T. Smith 609 Murray Hill Dr., Dalton, 30720 3-Post 3 Gerald H. Leonard P. O. Box 246, Chatsworth 30705 4 Howard Kaylor Box 145, McCaysville, 30555 5 Carlton Colwell Box 133, Blairsville, 30512 6 Fulton Lovell Clayton, 30525 7 James H. Sloppy Floyd Box 521, Trion, 30753 8 Tom L. Shanahan P.O. Box 427, Calhoun, 30701 9 Howard Simmons Ellijay, 30540 10 James A. Otwell, Jr. Cumming, 30130 11 Jack N. Gunter P.O. Box 396, Cornelia 30531 12 Don C. Moore RFD 4, Toccoa, 30577 13-Post 1 Sidney Lowrey Rt. 7, Rome, 30161 13-Post 2 Charles Graves 209 Billy Pyle Rd., Rome 30161 13-Post 3 Richard L. (Dick) Starnes, Jr. 1001 Terrace Dr., Rome, 30161 14-Post 1 Joe Frank Harris 1 Valley Dr., Cartersville, 30120 14-Post 2 David N. Vaughan, Jr. P.O. Box 534, Cartersville, 30120 15 Thomas A. Roach Ball Ground, 30107 16-Post 1 W. M. (Bill) Williams 710 Brenau Lane, Gainesville, 30501 16-Post 2 J. Robert Cooper P.O. Box 119, Gainesville, 30501 16-Post 3 Joe T. Wood P.O. Box 303, Gainesville, 30501 17 Edwin Carroll Poss RFD, Hull, 30646 18 A. T. Mauldin P.O. Box 87, Carnesville, 30521 19 Harry Magoon 410 E. Franklin St., Hartwell 30643 20-Post 1 John Harvey Moore 503 N. Cave Spring St., Cedartown 30125 20-Post 2 Nathan D. Dean 4009 Third Ave., Rockmart 30153 21 Homer Leggett 13 Center St., Hiram 30141 22-Post 1 Norris J. Nash P.O. Box 6, Lilburn 30247 22-Post 2 James D. Mason Rt. 1, Oak Rd., Snellville 30278 23 James W. Paris Winder 30680 24 Mac Barber Commerce 30529 25 Dr. A. S. Johnson, Sr. 302 Heard St. Elberton 30635 26 Thomas B. Murphy Box 163, Bremen 30110 27 Kent Dickinson Rt. 2, Douglasville 30134 28 C. C. Moreland 969 Holly Hill Rd., Monroe 30655 29-Post 1 Leon Farmer, Jr. 414-415 Southern Mutual Bldg., Athens 30601 29-Post 2 Chappelle Matthews 116 Shackelford Bldg., Athens 30601 30 Hubert H. Wells P.O. Box 11 Watkinsville 30677 31 Ben Barron Ross Sunrise Drive, Lincolnton 30817 32-Post 1 William J. Wiggins 202 Tanner St., Carrollton 30117 32-Post 2 Jack E. Threadgill 404 Oak Ave., Carrollton 30117 33-Post 1 D. B. (Brack) Blalock 40 Nimmons St., Newnan 30263 33-Post 2 George W. Potts Rt. 2, Newnan 30263 34-Post 1 Quimby Melton, Jr. Griffin Daily News, Griffin 30223 34-Post 2 Clayton Brown, Jr. 550 S. Hill St., Griffin, 30223 35-Post 1 Wm. J. Bill Lee RFD 1, Forest Park 30050 35-Post 2 Arch Gary 626 Valley Hill Rd., Riverdale 30274 35-Post 3 Lamar Dailey Northcutt 5340 W. Fayetteville Rd., Rt. 2, College Park 30022 36 Ray M. Tucker P.O. Box 469, McDonough 30253 37 W. D. Ballard 405 Haygood St., Oxford 30267 38 Ezekiel Roy Lambert 104 Washington St., Madison 30650 39 Marvin E. Moate 608 Rabun, Sparta 31087 40 Bobby W. Johnson P.O. Box 122, Warrenton 30828 41 Glenn S. Phillips Harlem 30814 42-Post 1 J. Crawford Ware 17 Taliaferro Dr., Hogansville 30230 42-Post 2 Edwin G. (Ed) Mullinax 611 South Piney Woods Dr., LaGrange 30240 43 Claude A. Bray, Jr. 111 Mayes Way, Manchester 31816 44 J. R. Smith 498 Rose Ave., Barnesville 30204 45 Harold G. Clarke Forsyth 31029 46 John H. Hadaway Hillsboro 31038 47-Post 1 J. Floyd Harrington Glenhaven, Milledgeville 31061 47-Post 2 Philip M. Chandler P.O. Box 806, Milledgeville 31061 48-Post 1 Francis A. Joiner P.O. Box 151, Tennille 31089 48-Post 2 Emory L. Rowland 150 Bradford St., Wrightsville 31096 49 J. Roy McCracken 312 Broad St., Avera 30803 50-Post 1 Preston B. Lewis Forest Dr., Waynesboro 30830 50-Post 2 Albert Sidney Newton RFD 4, Box 244, Millen 30442 51 Johnnie Lafayette Caldwell 720 S. Church St., Thomaston 30286 52 Daniel K. Grahl 1011 First St., Fort Valley 31030 53 A. T. Land, Sr. Allentown 31003 54 Geo. L. Smith II Swainsboro 30401 55 H. Walstein Parker Rt. 6, Sylvania 30467 56 J. Lucius Black Preston 31824 57 Ward Edwards Butler 31006 58 Carl Preston Savage, Sr., M.D. P.O. Box 32, Montezuma 31063 59-Post 1 Paul Stalnaker 112 Patti Dr., Warner Robins 31093 59-Post 2 David C. Peterson Kathleen 31047 60-Post 1 Carlus D. Gay 1823 Pine Forest Cir., Dublin, 31021 60-Post 2 Dubignion (Dub) Douglas 1408 Edgewood Ave., Dublin, 31021 61 Joe C. Underwood Mt. Vernon, 30445 62 John F. Collins Box 407, Vidalia, 30474 63 Hines L. Brantley Metter, 30439 64-Post 1 W. Jones Lane Box 484, Statesboro, 30458 64-Post 2 Paul E. Nessmith, Sr. Rt. 4, Statesboro, 30458 65 Jack W. Shuman R.F.D. 1, Pembroke 31321 66 J. T. (Jake) Dailey 312 College St., Cuthbert, 31740 67 H. Goodwin Hall RFD 2, Leesburg, 31763 68-Post 1 Clarence A. Parker Rt. 4, P.O. Box 1308, Americus, 31709 68-Post 2 Janet S. Merritt (Mrs. Samuel M.) 234 W. Dodson St., Americus, 31709 69-Post 1 Howard H. Rainey 201 -8 St., So., Cordele, 31015 69-Post 2 Rooney L. Bowen Box 323, Vienna, 31092 70 Dr. Frank P. Holder, Jr. Drawer 569, Eastman, 31023 71 John H. Anderson, Jr. Anderson Road, Hawkinsville, 31036 72 A. B. C. (Brad) Dorminy 701 W. Central Ave., Fitzgerald, 31750 73 Norman B. Doster Rochelle, 31079 74 E. O. (Gene) Branch Rt. 3, Baxley, 31513 75 Dewey D. Rush Rt. 4, Box 262, Glennville, 30427 76 Charles M. Jones 206 E. Court St., Hinesville 31313 77 Dr. McKee Hargrett 198 Conway Dr., Jesup 31545 78 W. Harvey Jordan Leary, 31762 79-Post 1 George D. Busbee 1205 3rd Avenue, Albany, 31701 79-Post 2 Colquitt Hurst Odom 1218-3rd Avenue, Albany, 31705 79-Post 3 Richard S. (Dick) Hutchinson 915 6th Ave., Albany, 31705 79-Post 4 William S. (Billy) Lee Royal Building, Pine Jackson, Albany, 31701 80 W. J. Crowe Sylvester, 31791 81 Harry Mixon P.O. Box 145, Ocilla 31774 82 George Jordan Box 175, Douglas, 31533 83-Post 1 Ottis Sweat, Jr. 710 Baltimore Ave., Waycross, 31501 83-Post 2 Harry D. Dixon 1303 Coral Rd., Waycross, 31501 84 S. D. Nimmer Blackshear, 31516 85-Post 1 Reid Walker Harris First Natl. Bank Bldg., P. O. Box 460, Brunswick, 31520 85-Post 2 Richard Morgan Scarlett P. O. Box 190, Brunswick, 31522 86 William Mobley Howell P. O. Box 348, Blakely, 31723 87 Donald R. Kirksey Rt. 5, Box 222, Colquitt, 31737 88 Marcus Collins Route 1, Pelham, 31779 89-Post 1 Hubert Dollar 1805 Douglas Dr. Bainbridge, 31717 89-Post 2 Anthony Wallace Cato 1508 Botts St., Bainbridge, 31717 90 Burton M. Wamble Rt. 1, Box 119, Cairo, 31728 91 James L. Jimmy Conner P. O. Box 632, Hazlehurst, 31539 92-Post 1 Jamie W. Oglesby 119 Parkway Dr., Thomasville, 31792 92-Post 2 Henry P. Russell, Jr. Rt. 1, Boston, 31626 93 Henry Bostick P. O. Box 94, Tifton, 31794 94-Post 1 Billy Gene Fallin 2021 S. Main St., Moultrie, 31768 94-Post 2 Dorsey R. Matthews Moultrie, 31768 95-Post 1 B. Jack Sullivan 2411 Westwood Dr., Valdosta, 31603 95-Post 2 H. M. Barfield Hahira, 31632 95-Post 3 Jim T. Bennett, Jr. R.F.D., Smithbriar Dr., Valdosta, 31601 96 Allen LaRue Parrish, Sr. 301 E. 4th St., Adel, 31620 97 Robert C. (Bobby) Pafford Box 415, Lakeland, 31635 98 Robert Ward Harrison, Jr. P. O. Box 207, St. Marys, 31558 99 Henry L. Reaves Rt. 2, Quitman, 31643 100 William Burton Steis Hamilton, 31811 101-Post 1 G. Robert (Bob) Howard 206 Roswell St., Suite 202, Marietta, 30060 101-Post 2 Hugh Lee McDaniell 1231 Pebble Creek Rd., S.E., Marietta, 30060 102-Post 1 Joe Mack Wilson 306 Northcutt St., Marietta, 30060 102-Post 2 Dr. J. H. Jack Henderson Jr. 1290 Gresham Rd., Marietta, 30060 103 Bill Cooper Rt. 5, Powder Springs Rd., Marietta, 30073 104-Post 1 Richard A. Dent 2043 Rosalie St., Augusta, 30901 104-Post 2 Donald E. Cheeks 754 Metcalf St., Augusta, 30904 105-Post 1 R. Luke DeLong 2137 Balfour St., Augusta, 30906 105-Post 2 John H. Sherman, Jr. P. O. Box 1063, Augusta, 30903 106-Post 1 William M. Fleming, Jr. 1700-C Valley Park Ct., Augusta, 30902 106-Post 2 Regnald Maxwell, Jr. 909 Marion Bldg., Augusta, 30902 107 Carr Glover Dodson 3795 Bonita Place, Macon, 31204 108 Mitch Miller 3859 Mathis St., Macon, 31206 109-Post 1 W. E. Bill Laite, Jr. 2948 Crestline Dr., Macon, 31204 109-Post 2 Ed Knapp 4435 Pio Nono Ave., Macon, 31206 109-Post 3 Joe F. Ragland 724 Forest Lake Drive, South, Macon, 31204 109-Post 4 Roger Wesley Wilson 2975 King Alfred Dr., Macon, 31204 110-Post 1 C. Ed Berry P. O. Box 1422, Columbus, 31902 110-Post 2 Albert William Thompson 210 Ninth St., Columbus, 31901 111-Post 1 I. Lawrence Shields 2506 Techwood Dr., Columbus, 31906 111-Post 2 Roscoe Thompson 1725 Stark Ave., Columbus, 31906 112-Post 1 Mac Pickard Box 1657, Columbus, 31906 112-Post 2 Milton Jones 908 -2nd Ave., Columbus, 31901 112-Post 3 Thomas B. Buck, III P. O. Box 196, Columbus, 31902 113-Post 1 Arthur M. Gignilliat, Jr. P. O. Box 949, Savannah, 31402 113-Post 2 Jack K. Berry P. O. Box 115, Savannah, 31402 114-Post 1 Alan S. Gaynor 902 Liberty Bank Bldg., P. O. Box 566, Savannah, 31401 114-Post 2 W. Lance Smith 17 East York St., Savannah, 31401 115-Post 1 J. Robert (Bob) Tye 15 Redwood Circle, Wilshire Estates, Savannah, 31406 115-Post 2 George W. Whaley, Jr. P. O. Box 197, Pooler, 31322 116-Post 1 Willis J. (Dick) Richardson, Jr. P. O. Box 158, Savannah, 31402 116-Post 2 Joseph A. (Joe) Battle 2308 Ranchland Drive, Savannah, 31404 116-Post 3 Arthur J. Funk 7 Grimball River Rd., Savannah, 31406 117-Post 1 Clarence R. Vaughn, Jr. McDonald Rd., Conyers, 30207 117-Post 2 Tom Palmer 3800 Montford Dr., Chamblee 30005 117-Post 3 W. B. Malone 5397 New Peachtree Rd., Chamblee 30005 117-Post 4 George W. Smith 2218 Deer Ridge Dr., Stone Mountain 30083 118-Post 1 J. Robin Harris 250 E. Ponce de Leon Ave., Decatur 30030 118-Post 2 Robert H. Farrar 2996 Majestic Circle, Avondale Estates 30002 118-Post 3 Robert H. Walling 1001 Oxford Rd., N.E., Atlanta 30306 118-Post 4 Elliott H. Levitas 1352 Jody Lane, N.E., Atlanta 30329 119-Post 1 Walt Davis 3782 Snapfinger Rd., Lithonia 30058 119-Post 2 L. F. Jenkins 1953 Boulder Hills Dr., Ellenwood 30049 119-Post 3 James R. Westlake 3930 West Side Place, Ellenwood 30049 119-Post 4 Joe S. Higginbotham 3147 Robindale Road, Decatur 30030 120 Fred L. Winkles 878 Falcon Drive, S.W., Atlanta 30311 121 Guy Hill 1074 Boatrock Rd., Atlanta 30331 122 Young Hugh Longino P. O. Box 37, Fairburn 30213 123-Post 1 Rodney M. Cook 3495 Valley Road, N.W. Atlanta 30305 123-Post 2 Cecil Turner 1779 Merton Rd., N.E., Atlanta 30306 123-Post 3 Goodwyn Shag Cates 3234 Roswell Rd., N.W., Atlanta, 30305 124 John Hood 1163 Windsor St., S.W., Atlanta, 30310 125 G. D. Adams, Jr. 532 St. Johns Ave., S.W., Atlanta, 30315 126 Dick Lane 2704 Humphries St., East Point, 30044 127 Dr. William J. Cox 324 E. Paces Ferry Rd., N.E., Atlanta, 30305 128 Tom Dillon 2528 Linda Lane, S.E., Atlanta, 30315 129 Charlie L. Carnes 1131 Custer Ave., S.E., Atlanta, 30316 130 Nick G. Lambros P. O. Box 13422 Atlanta, 30324 131 William A. (Bill) Sims, Jr. 715 Courtenay Drive, N.E., Atlanta, 30306 132 Rev. J. D. Grier, Jr. 596 Glen Iris Dr., N.E., Atlanta, 30308 133 William H. Alexander 859 Hunter St., N.W., Atlanta, 30314 134 J. C. Daugherty 202 Daugherty Bldg., 15 Chestnut St., S.W., Atlanta, 30314 135 Benjamin D. Brown 196 Napoleon Dr., S.W., Atlanta, 30314 136 Julian Bond 823 Drummond St., S.W., Atlanta, 30314 137 Mrs. Grace T. Hamilton (Mrs. H. C. Hamilton) 582 University Pl., N.W., Atlanta, 30314 138 Devereaux F. McClatchey 1045 Hurt Bldg., Atlanta, 30303 139 Haskew H. Brantley, Jr. 6114 Riverside Dr. N.W., Atlanta, 30328 140 Kiliaen V. R. Townsend 120 North Avenue, N.W., Atlanta, 30313 141 Michael J. Egan, Jr. 1500 1st Nat. Bank Bldg., Atlanta, 30303
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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1967 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 3 44 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 36 2 3 31 1964 Ex. Sess. 9 2 1 6 1965 23 3 20 1966 25 2 23 1967 39 1 2 36 TOTALS 479 23 26 430
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REFERENDUM ELECTIONS1953-1965 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
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Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 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 * * Special election held May 31, 1955 and 2 additional members elected. 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. For1079 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
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Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) 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 2040 City Manager, City of Forest Park Status unknown (1 of 2) Clayton 2040 City of Forest Park Status unknown (1 of 2) Clayton 2518 City of Moutain 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 Moultire 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 3237 Multiple commission form of government 5-16-56 For18,393 (1 of 2) Agn2,001 DeKalb 3237 Commission Chairman 5-16-56 For: (a)4,743 (1 of 2) For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area For365; Agn400 Thomas 3159 Certain county officers on salary basis 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote: For216; Agn117 Outside city vote : For41, Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1957 : County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1 : For312; Agn14 Area 2 : For312; Agn14 Area 3 : For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Ang115 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 4-12-58 Clayton and Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton and Fulton 2363 City of College Park 5-14-58 For10 Agn0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For41; Agn1 Affected area: For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel # 1-City vote: For227; Agn15 Outside city: For143; Agn54 Parcel # 2-City vote: For229; Agn15 Outside city: For39; Agn40 Parcel # 3-City vote: For230; Agn14 Outside city: For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Fulton 2721 City of College Park 6-3-58 For738 Agn340 Fulton Clayton 2453 City of College Park 5-19-58 For2 Agn0 Fulton Clayton 2854 City of College Park 5-14-58 For0 Agn0 Fulton 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 Ang460 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 Agn48 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 Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton 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 For5 4-12-60 Agn49 Colquitt 2397 TaxationCity of Norman Park For50 6-8-59 Agn81 Dougherty 2091 County Commissioners For755 4-8-59 Agn417 Dougherty 3064 City of Albany For1413 5-25-59 Agn710 Douglas 2871 City of Lithia Springs For241 8-25-59 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: For1902; 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 For270 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 Proposed Area: 5-5-60 For32; Agn62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board For2296 3-9-60 Agn1038 Fulton Clayton 2849 City of College Park For6 5-14-60 Agn0 Fulton Clayton 2854 City of College Park For21 5-16-60 Agn15 Greene 3089 Tax Commissioner For801 4-28-60 Agn823 Greene 3093 Certain County officers on salary basis For822 4-28-60 Agn835 Henry 3297 City of McDonough Inside City vote: 5-18-60 For61; Agn35 Outside City vote: Houston 2605 Tax Commissioner Agn959 11-8-60 For41; Agn83 Jefferson 2913 Town of Avera Status unknown For4057 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 unknwon McIntosh 2899 Tax Commissioner 5-28-60 Status unknwon McIntosh 2904 Ordinary 5-28-60 Status unknwon Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Status unknown 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
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Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Void1 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Void3 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Void2 Bibb 2441 City of Macon 5-24-61 City vote : For1560; Agn445 Outside City vote : For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah : For9176; Agn1679 Zone No. 1 : For886; Agn759 Zone No. 2 : For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Void1 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 Abolish office Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County officers compensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1For: 22; Agn: 36 Ward 2For: 0; Agn: 17 Ward 3For: 0; Agn: 0 Ward 4For: 6; Agn: 69 Ward 5For: 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.
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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 Commissioners Muscogee County creation of 4-11-62 For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexingtonabolish 11-6-62 For392 Agn180 Putnam 2440 Certain county officers, compensation 11-6-62 For626 Agn129 Putnam 3048 Office of Tax Commissionercreated 11-6-62 For548 Agn184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Status unknown Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed areas For13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
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Georgia Laws, 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 Commissioner 4-10-63 For532 compensation Agn1343 Bartow 2082 Deputy Tax Commissionerclerical help 4-10-63 For511 compensation Agn1356 Bartow 2086 County to furnish sheriff's office with authomobiles, 4-10-63 For714 equipment and uniforms 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 For91 Agn279 Jackson 2575 City of Commerce 5-28-63 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.
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County Page No. SUBJECT Election Date of Result Appling 2681 Sheriff, clerk superior court, tax collector and tax receivercompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitmancharter amendment Status unknown Chatham 2288 Town of Poolercharter amendment 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstockcharter amendment Not held Cherokee 2431 City of Cantoncorporate limits 4-8-64 For174 Agn394 Colquitt 2305 City of Moultriecharter amendment 10-20-64 For1174 Agn613 Cook 2093 County Commissionersmethod of election 3-4-64 For2003 Agn1612 Dodge 2954 City of Empirenew charter 6-2-64 For55 Agn71 Fulton 2478 City of Union Citycharter repeal 5-8-64 For214 Agn279 Gwinnett 2733 City of Suwaneenew charter 5-11-64 For90 Agn4 Hancock 2088 Sheriff, Ordinary and Clerk Superior Courtcompensation 4-22-64 For251 Agn64 Harris 2939 4-29-64 Inside: For61 Agn43 Outside: For0 Agn7 Hart 2028 Board of Financeelection members 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of county commissionerscreation of 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissionercreation of 4-1-64 For985 Agn1708 McDuffie 2107 Sheriffcompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenvillecharter amendment Status unknown Meriwether 2412 City of Woodburycharter amendment 4-22-64 For110 Agn30 Monroe 2542 Board of county commissionersterms Not held Murray 2672 County Commissionercompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of county commissionerscreation of 4-29-64 (3 questions) For/Against approval of creation of board For509 Agn502 For election of board by people For692 For election of board by Grand Jury Agn93 Pickens 2066 Board of county commissionerscreation of 3-4-64 For1822 Agn144 Pickens 2078 City of Jaspercharter amendment 3-21-64 Inside City : For43 Agn3 Outside City : For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tiftoncommissioners powers 4-22-64 For281 Agn216 Tift 2361 City of Tiftoncharter amendment 4-22-64 For136 Agn368 Tift 2900 Board of County Commissionersmembership 5-13-64 For1992 Agn1290 Tift 3069 Board of county commissionersprovide bids 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissionercreation of 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire prevention districtsestablishment 2-15-65 For246 Agn41 (Fire district commissionerselected) 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissionercreation of Not held * * Ware CountyAct declared unconstitutional by court order and no election was held. Whitfield 2175 Board County Commissionerscreation of 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissionercreation of 11-3-64 For933 Agn863 Baker 2096 Sheriffprovide annual salary 7-15-64 For464 Agn529 Barrow 2347 City of Windercharter amendment 9-9-64 For507 Agn372 Cobb 2075 Board of county commissionerscreation of 7-8-64 For7297 Agn2791 Cobb 2179 City of Elizabethnew charter 10-6-64 Not certified Dooly 2052 City of Byromvillecorporate limits Not held Fulton 2342 City of Alpharettacorporate limits 8-22-64 For57 Agn104 Troup 2256 City of Hogansville(Ad valorem tax for school purposes) 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Courtestablishment of LaGrange 11-3-64 ** ** Troup County: Vote not known; Ordinary advises that Act was not ratified. Worth 2116 City of Sylvesternew charter 12-2-64 For216 Agn32 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
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Georgia Laws, 1965 : County Page No. SUBJECT Date of Election Result Appling 3142 Compensation of secretary of sheriff, tax commissions, etc 11-8-66 For589 Agn556 Appling 3361 Providing for an annual audit, etc 11-8-66 For733 Agn326 Baldwin 2306 City of Milledgevillecharter amendment 6-2-65 For544 Agn462 Baldwin 2316 Board of County Commissionersamended 4-7-65 For801 Agn1878 Brooks 3226 City of Quitmancharter amendment Status unknown Chatham 3181 Isle of Hopeprovide certain facilities Status unknown Crisp 2167 City of Cordelecharter amendment 4-28-65 Status unknown Decatur 2819 City of Bainbridgecharter amendment 4-7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur Countycreated 6-16-65 For447 Agn472 Dooly 2582 City of Unadillacharter amendment 7-20-65 For56 Agn115 Echols 3160 City of Statenvillecharter amendment 7-14-65 For72 Agn75 Fulton 3391 City of College Parkcharter amendments Status unknown Habersham 2727 City of Corneliacharter amendment 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robinscreation of, etc 6-22-65 For1847 Agn1657 Jackson 3408 City of Jeffersoncharter amendments Status unknown Liberty 3342 Town of Allenhurstcreation of 5-10-65 For51 For0 Madison 3068 Compensation of certain county officers 6-16-65 * * Creating Act provides that this Act shall become effective on the date which receives more than one half of the votes cast in such election. Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Changes compensation of coroner 5-12-65 For105 Agn58 Putnam 2862 Compensation of county commissioners 6-16-65 For183 Agn199 Thomas 2680 Creation of fire protection districts 6-16-65 ** ** Creating Act provides that the votes shall be tabulated separately for each respective Fire District. If more than one half of the votes cast in any Fire District, are for approval of the Act the Act shall become of full force in Fire District. Otherwise it shall be void and of no such effect in Fire District. Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 Change compensation of ordinary 6-16-65 For953 Agn353 Tift 2608 Compensation of clerk superior court 6-16-65 For952 Agn381 Tift 2705 Compensation of tax commissioner 6-16-65 For943 Agn361 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
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Georgia Laws, 1966 : County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn-151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Recreating the Board of County 11-8-66 For4842 Commissioners Agn4335 Irwin 2472 Office of Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 Creation of the City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Compensation -Certain County 11-8-66 For1495 Officers Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller Co. 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
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REFERENDUM ELECTION RESULTS1967 Georgia Laws 1967 : County Page No. SUBJECT Date of Election Result Banks 2538 Election of county board of education members 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwincharter amendment Not held Barrow 3326 City of Stathamnew charter 5-19-67 For185 Agn93 Ben Hill 2987 Election of city board of education members, etc 6-13-67 For179 Agn507 Bulloch 3483 City of Statesborocharter amendment 7-28-67 For490 Agn111 Bulloch 2997 Town of Brookletcharter amendment 9-1-67 For33 Agn3 Catoosa 2207 Creation of Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 Election of members of county board of education 4-15-67 For1426 Agn2993 Chattahoochee 2530 Election of county board of education members Not held Clarke 2929 Board of Educationelection of members 6-7-67 For663 Agn570 Clarke 3215 City of Athenseducational tax 11-5-68 * * Date of General Election in 1968. Cook 2507 Election of county board of education members 8-16-67 For584 Agn135 Crisp 2691 Election of county board of education members 9-14-67 For266 Agn32 Dooly 2467 City of Viennacharter amendment 6-20-67 For12 Agn9 Dooly 2922 Election of board of education members, etc. 6-20-67 For807 Agn173 Echols 3491 City of Statenvillecharter amendment 5-15-67 For62 Agn106 Floyd 2163 City of Romecharter amendment 4-26-67 For333 Agn794 Gordon 2898 Fire protection services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridgecharter amendment 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robinscharter amendment 4-25-67 For2292 Agn680 Houston 3241 Appointment of county school superintendent 11-7-67 For1001 Agn2317 Houston 3244 Election of members of county board of education 11-7-67 For2559 Agn757 Lowndes 2118 Creation of the Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenvillenew charter 4-3-67 For41 Agn0 Murray 2458 City of Chatsworthcharter amendment 5-31-67 For154 Agn19 Newton 2405 Creation of new county board of education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissionerscreation of 5-3-67 For1301 Agn540 Pike 2448 Create office of Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 Election of members of county board of education, etc. 9-6-67 For441 Agn65 Polk 2718 Election of members of county board of education 11-5-68 * Pulaski 3463 Pulaski County and City of Hawkinsville school merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionerchange compensation, etc 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 Election of members of county board of education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 * Thomas 2115 City of Thomasvilletax rate for schools 3-28-67 For841 Agn398 Turner 2694 City of Sycamorecharter amendment 5-26-67 For162 Agn51 Union 3064 Sheriff's salary 6-28-67 For235 Agn790 Whitfield 2277 City of Daltoncharter amendment 4-19-67 For516 Agn607 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
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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