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primary or regular election used any money or other thing
of value to influence votes or employ workers ; so help me
God/' Said oath shall be entered on the minutes of the
city council. No person who is unable to take said oath
truthfully shall be eligible to the office of mayor or council-
man of the city, and any person who shall take said oath
falsely, shall be guilty of false swearing and shall be punish-
ed as for a misdemeanor and subject to impeachment and
removal from office.

Sec. 9. Be it further enacted. That beginning with the
year 1915, neither the mayor nor any member of the council
shall be eligible to re-election to the same office after the
expiration of a second term until after a period of one year
shall have elapsed.

Sec. 10. Be it further enacted. That beginning with the
Salaries of first scssiou of the city council in the year 1915, and annu-

mflvc r and mi

ccunciimen. ally thereafter, said city council shall fix the salaries of the
mayttr and cWuncilmieii, same not to be chanjg'efd th'er'eiafter



EliiTibility
to re-
election.



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PART ni.— TITLE 1.— Municipal Corporations.



585



ClarkBton. City of, New Charter.



during their respective terms of office, and to be paid an-
nually out of the general revenues of the city; provided,
however, that the salary of the mayor shall not exceed forty
($40) dollars, and that of councilmen shall be $1.00 for each
meeting at which they are personally present and partici-
pated in. No councilman shall be entitled to pay for a meet-
ing which he does not attend and participate in its delibera-
tions; provided, further, that no councilman shall receive
more than (fifteen) $15.00 per annum.

SeC. 11. Be it further enacted. That there shall be elec-
ted annually by the mayor and council, a mayor pro tern.,
clerk of council, city treasurer, tax assessor or assessors and
collector, city attorney, marshal or chief of police or both,
and such other officers and men as may be necessary to con-
stitute the police force of the city, and also such other offi-
cer or officers, agents and servants of the city, as the city
council shall consider expedient, who shall each hold office
for one year, or until his successor is elected and qualified,
unless removed for cause to be judged by the mayor and
councilmen. No two of said offices may be combined and
held by one person. They shall receive a reasonable sum
as compensation for their services to be fixed by the mayor
and councilmen preceding every election, which shall not be
increased or diminished during continuance in office. Said
clerk^s salary shall not exceed (thirty-five) $35.00 per year
and said treasurer's salary shall not exceed (twenty-five)
$25.00 per year. Their duties shall be prescribed by ordi-
nance. On entering upon the discharge of their duties' they
shall each take and subscribe an oath to faithfully perform
the duties of their respective offices, and they shall each
enter into bond, with good security, payable to the city of
Clarkston, in such amount as may be fixed by the city
council, for the faithful performance of their duties. The
mayor may also, appoint special policemen when, and in
his judgment, such appointment may be necessary, such
policemen to be discharged when the emergency requiring
their services is past, and to be compensated as the mayor
and councilmen may determine. The mayor shall annually



other
offlcers
annually
elected by
council.



Term of
office.



Salaries.



Duties.



Oath.



Bond.



Policemen.



Committees,
of council.



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586



PART in.— TITLE 1.— Municipal Corpokations.



Clarkston, City of, New Charter.



Discipline
of officers.



Board of
health.



Quorum of
council.



Absentees.



Mayor's
vote and
veto.



appoint Sftanding committees of the city council whose
duties and powers shall be fixed by ordinance. All officers,
agents and servants of the city, appointed or elected by the
city council shall at all times be subject to the jurisdiction
of the same and amenable to their discipline and the city
council shall have the power at any time to suspend, fine,
or remove any of said persons from the office or positions
held by them respectively by a majority vote (the mayor
voting), for any cause that may seem just or proper, after a
fair opportunity to be heard. The mayor and councilmen
shall also have power and authority by ordinance to estab-
lish a board of health for said city, and also such other
boards as they may from time to time deem expedient, and
place different departments or branches of the government,
functions, administrations, and work of the city under the
charge, management and supervision of such boards respec-
tively, and to define their powers and duties and to appoint
the members of such boards and to prescribe their compen-
sation and to adopt appropriate ordinances for the govern-
ment and regulation of the same. The mayor shall have
the right to vote in the election of all officers and servants
of the city who are elected by the city coun'cil.

Sec. 12. Be it further enacted, That a majority 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 attendance of the absentees.
Any councilman shall have the right to call for the ayes
and nays, and have the same recorded on the minutes in
all cases. The mayor shall have no vote, except in the elec-
tion of officers of the city aforesaid and in case of a tie. He
shall have the revision of all ordinances, orders and resolu-
tions passed by the board of councilmen, and the said mayor
shall have three days after the meeting at which the council-
men vote in which to file with the clerk in writing his dissent,
but the councilmen may pass the said ordinance, order or
resolution, notwithstanding the veto, by a vote of two-thirds,
to be taken by ayes and nays, and entered upon the minutes.

Sec. 13. Be it further enacted, That the mayor of the



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PART III.— TITLE 1— Municipal Cobporations. 587

Clarkstbn, City of, New Charter.

city shall be presiding officer of the city council. He shall
also be the chief executive officer of the city government and J[5ftTeJ\nd
shall see that all laws, ordinances, orders, by-laws, resolu- powers.
tions and regulations of the city council or of any depart-
ments of the city are properly executed and enforced, and
that all officers of the city shall properly perform their
duties. He shall have special control of the police of the
city and shall see that the peace and good order of the city
are preserved and that persons and property therein pro-
tected ; and to this end he may cause the arrest and deten-
tion of all violators and disorderly persons in the city be-
fore issuing his warrant therefor. He shall in all things
exercise a general supervision over the affairs of the city
and shall make such recommendations to the city council
from time to time as may seem to him proper for the public
good. He shall keep advised in reference to each of the
departments of the city and the manner in which same is
being operated. He shall see that each department is being
honestly and efficiently conducted upon business principles
and without regard to politics. He shall require the busi-
ness of the city to be promptly dispatched without favorit-
ism to any person or interest and without reference to
politics or political influence. He shall have power also to
pardon persons who are convicted of offenses against city
ordinances and also to commute, suspend, vacate or reduce
sentences imposed by the police court of the city. In case
of absence, disqualification or disability of the mayor, the
mayor pro tern,, shall discharge his functions, and if he,
for the same reasons, cannot act, then another councilman
shall be selected by the board of council to act temporarily.

Sec. 14. Be it further enacted. That said mayor and
councilmen of said city shall hold regular meetings of the
city council at least once a month, the time of meeting to be councfif * °
fixed by ordinance for the consideration and transaction
of such governmental, legislative, administrative, or cor-
porate or municipal business or matters as may come before
them; and they may also hold such special meetings from
time to time as they may deem proper, such special meet-
ings to be called by the mayor, or mayor pro tern., or under



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588



PART m.— TITLE 1.— Mxjnicipal Cobpobations.



Clarkston, City of, New Charter.



Contracts.



General
welfare.



Railroad
croBsingrs.



the written request of any t^o members of the board of
councilmen, written notice of such special meetings shall
be given each of said officers who are in the city at the
time, and at such called or special meetings the mayor and
councilmen shall have the right and power to transact any
government or municipal business which they are legally
authorized to transact at any regular or stated meeting.

Sec. 15. Be it further enacted, That said mayor and
councilmen shall have the right and power in the name and
behalf of said city to make such contracts and do such
things as may be necessary or expedient for the peace, good
order, health, safety, benefit and general welfare of said
city and of the inhabitants thereof; and also to make such
rules and regulations, and pass and adopt such by-laws,
resolutions and ordinances as may be necessary for carrying
out the purposes of the government of said city and con-
serving, promoting and protecting the welfare, health,
morals, peace, advantage and good order of said city and
of the inhabitants thereof.

Sec. 16. Be it further enacted, That the mayor and
council shall have power and authority to require the rail-
roads or street railroads running through said town or a
portion thereof, to make and repair such public crossings
for pedestrians or vehicles over or across their several
roads whenever or in such a manner as said mayor and
council shall deem necessary; to place or repair such cross-
ings, or to open or keep open any street in said town cross-
ing them, and the mayor and council may pass any ordi-
nance needful for carrying out the provisions of this section.
And in case any railroad or street railroad shall fail or
refuse to make such crossings within fifteen days or to
repair the same within twenty-four hours after having been
notified to do so by said city, the mayor and council shall
have the power to create and make the same across the
railroad or street railroad, and to repair the same at the
expense of said railroad or street railroad, and may issue
execution therefor, and levy and collect the same as in the
case of tax executions.



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PAET III.— TITLE 1.— Municipal Corporations. 589

Clarkaton. City of. New Charter.

Sec. 17. Be it further enacted, That the clerk of council
of the city of Clarkston, and in the case of his absence or
sickness, such person as shall be appointed by the mayor
or mayor pro tern., for that purpose, shall open at the office tiS? oV^-
of said clerk of council at such place as shall be designated ^°*®^**
by the mayor or mayor pro tern., a book for the registration
of the voters of said town entitled to vote for the mayor
and council, said book of registration to be kept open for
thirty days prior to the election of mayor and city council
and to be kept open twenty days and not less than one hour
each day, Sundays excepted, when said book shall be finally
closed, and it shall be the duty of the clerk or other person
to enter at the top of the page on wJbich said registration is oath of
to begin the following oath: '* State of Georgia, county of ^*^*^'"'
DaKalb, city of Clarkston: I, the undersigned, do swear
that I am twenty-one years old ; that I am a citizen of the
United States; that I have resided in this State twelve
months last past; in the city of Clarkston for the last six
months past. I do further swear that I have paid all legal
taxes required of me by the State of Georgia and by the
county of DeKlalb, as well as all legal taxes required of me
by said city of Clarkston." Be it further enacted, that all
parties desiring to register shall subscribe their names
under said affidavit and immediately after having signed
same, shall hold up their hand and state that said affidavit
is true, **So help me God," and any person who shall fail
to comply with any of the provisions of this Section, shall
not be entitled to vote in said election as herein provided.
Be it further enacted, that the said mayor and city council
of said city shall have the power and authority to provide
by ordinance for the registration of all voters prior to any
special bond election or special election of any kind or
character which is provided for under this charter, and to
make all needful rules and regulations governing the an-
nual election of municipal officers, as well as special elec-
tions referred to herein, and to fix suitable penalties for
violation of said registration ordinance or parts of same.

Qbo. 18. Be it further enacted. That said mayor and
councalme'n shkll hlav'e pWet a^d atithority to open, fey out.



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590 PART III.— TITLE 1.— Municipal Corpokations.

ClarkBton, City of. New Charter.



widen, grade, straighten, vacate, close, abolish, curb, pave,
streets, etc. drain, alter, or otherwise change and keep in good order and
repair, renew and repave the streets, alleys, lanes, bridges,
sidewalks, crossways, drains and gutters within the limits
of said city, and to improve and light the same and keep
them free from obstructions for the use of the public or of
any of the citizens of said city; to regulate the width of
sidewalks and other streets; to compel the owners and
lessees of property to pave, repair, renew, and repave tlio
streets, and put down, repair and renew curbing and side
walks along the same under the direction of the proper offi-
cers or committee of said city ; and said city and the mayor
• and councilmen thereof are hereby expressly authorized
and empowered to drain, grade, pave, macadamize, repair,
renew and repave and improve the public streets, alleys and
lanes and sidewalks of said city, and to put down, repair
and renew curbing, side drains, cross drains, crossings and
other improvements thereon ; and to charge, assess and
Slfprovi^'^ collect the expense and cost thereof, etc., by execution to be
ments. issuod and signed by the clerk of the council. Likewise,

said mayor and councilmen may cause the owners and oc-
cupants of property abutting on the public streets of the
city to put out suitable shade trees along the streets and
sidewalks in front of their property; and in the event such
persons fail or refuse to put out such shade trees mthin
ten days after being notified to do so, said mayor and
councilmen, through its appropriate committee or officer
may set out shade trees of a suitable variety along the pub-
lic streets and sidewalks of the city in front of said prop-
erty, and charge and assess the expense of same against
such real estate owner in front of which said trees are so
set out and against the owner or owners thereof, and in the
event the bill for said trees and expense of setting them out "
are not promptly paid, executions may be issued against
the real estate so assessed and against the owner thereof,
and levied and collected in the same manner as provided in
the first part of this section as to improvements, etc., there-
in designated;



n



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PART III.— TITLE 1.— Municipal Corporations.



591



Clarkston, City of, New Charter.



Sec. 19. Be it further enacted, That said mayor and
conncihnen shall have full power also to protect places of
worship; to provide cemeteries and places for the burial
of the dead, whether within or without the city limits and
to ^regulate interments therein, and to provide by ordinance
for the protection and care of such cemeteries and burial
places and to fix penalties ; to abate or cause to be abated,
anything which in their opinion is a nuisance or source of
disease, disorder or annoyance; to regulate privies and
waterclosets ; and also the keeping of gunpowder, dynamite,
gasoline, benzine, and other combustibles; to regulate the
sale of ice and milk, and to provide for the inspection of
same; to regulate or prohibit the shooting or explosion of
fireworks; to make regulations for guarding against fires;
to provide for fire escapes in all bufldings three or more
stories in height; to establish fire limits and prescribe the
material out of which buildings shall be constructed therein,
by ordinance, and from time to time to enlarge and restrict
the same, and to provide penalties for violating the pro-
visions of such fire limit ordinances ; to regulate or prohibit
the running at large within the limits of said city of horses,
mules, cows, goats, sheep, cattle, hogs or other animals, and
to take up and impound the same ; and to regulate the con-
trol and keeping of dogs within the city and to provide for
a tax on dogs .and for taking up and impounding them ; to
prohibit disorderly and bawdy houses; and to adopt all
other regulations and ordinances necessary or expedient for
providing for the public safety, welfare, health and morals
of the city and its inhabitants.

Sec. 20. Be it further enacted. That the city of Clarks-
ton is hereby granted the power of eminent domain, and the coiJdemi°
mayor and councilmen are hereby authorized and empower-
ed to condemn lands within or without its corporate limits
for the erection of public buildings for said city, for public
parks, water supply, sewers, crematories, farms for hand-
ling and disposing of sewerage, and for other public pur-
poses and improvements, as provided by the Act of the
General Assembly providing a uniform method of exercis-



Places of
worship.

Cemeteries.



Nuisance
abatement.



Regrulatory
powers as to
numerous
matters.



Fire.



Animals.



Dog tax.



lands.



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592



PART III.— TITLE 1.— Municipal Cobpobations.



Clarkston, City of, New Charter.



Ught and
waterworks.



Street rail-
roads and
electric
Dower
Diants.



ing the right of condemning, taking or damaging private
property, approved December 18th, 1894, as found in sec-
tion of the Code of Georgia of 1910, and any Acts of the
Legislature amendatory thereof; and they are also author-
ized similarly to take and condemn personal property^ in
the same manner when needed for public purposes of the
city.

Sec. 21. Be it further enacted. That said mayor and
councilmen of said city of Clarkston shall have the right and
authority to construct, own, use and operate for municipal
purposes and for the use and benefit of the inhabitants of
said city, and for profit, a system of waterworks, a system
of electric lights, a system of gas works, a system of street
railway, a telephone system and exchange, and other public
utilities — any one, more, or all as and whenever they may
consider it expedient ; to make rules and regulations regard-
ing the use of the same, and fiixing prices and rates ; and to
provide by ordinance for the punishment of those who
illegally use water, gas, electricity, as service for such public
works, or who illegally divert such gas, water or electricity
from their proper channels of transmission. When con-
sumers of such water, electricity or gas, so furnished by the
city, shall fail to pay for same promptly when due, said
mayor and councilmen hereby are authorized to cause execu-
tions to be issued in favor of said city against delinquent
consumers for the amount of such unpaid bills, which shall
be enforced and levied as in case of other executions run-
ning in favor of the city, and also to cut off the supply until
the bills are paid, either method or both, at their option;
and in the event such supply is cut off, they may provide
for the payment of a reasonable fee for turning same on
again.

Sec. 22. Be it further enacted. That said mayor and
councilmen shall have authority and control over all street
railroads, electric light and power plants, gas plants, ice
plants and factories, and wagons and dealers in ice, and
telephone lines an^ exchanges anid other public utilities do-
ing dudid^S^ in S^fd city, sidd dvipr thfe peT^iW; flwa^ a^^



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PAET m.— TITLE 1.— Municipal- Cobpobations. 593

Clarkston, City of. New Charter.

corporations owning, leasing or operating the same within
the limits of said city, and to regulate the business conducted
by said public utilities and ice factories and dealers in ice
and the operation of same, and also to fix the rates and
charges for such public service and ice; provided, such
rates so fixed shall be reasonable.

Sec. 23. Be it further enacted, That the mayor and
councilmen or the appropriate department or office of the
city shall have the right to compel the house owner, or pro- Meters,
prietor, using water, light or electric current, or other con-
veniences supplied by the municipal government of the city
of Clarkston to install at the expense of such owner or
proprietor meters or apparatus of such pattern as may be
prescribed by the appropriate department for the measure-
ment of the commodity thus furnished.

Sec. 24. Be it further enacted, That said mayor and
councihnen are hereby authorized, in their discretion, to uSS^fw**
make appropriations and payments from the general funds ciirro**"*^
of the city for the purpose of soliciting and entertaining SSn?2?f.' '°''
public conventions, conferences' and meetings of all kinds of "°"^' ®^°-
societies attended by delegates from other places, and any
hall or auditorium belonging to the city may be used free
for such purposes; and also to make appropriations and
payments from the general funds of the city for the purpose
of advertising said city and its advantages and resources so
as to bring new capital and commercial and manufacturing
and other enterprises into the city, and also for making
contributions to any board of trade or chamber of commerce
or like body in said city, which may have for its object any
of the above stated public purposes, and also to make pay-
ment from the general revenues and funds of the city for
the support of public hospitals, libraries; charities and
other eleemosynary institutions in the city, and also for a
military company in said city. »

Sec. 25. Be it further enacted. That the public school
system of said city and the powers in reference thereto, and J*chooiB.
the provisions for raising revenue for the maintenance of



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594 PART. m.— TITLE 1.— Municipal Cobporations.

Clarkston, City of. New Charter.

same, and the Act of the General Assembly establishing a
system of public schools for the city of Clarkston, and all
city regulations and ordinances in reference to said public
school system (which regulations shall be subject to amend-
ment and repeal by the city council) be, and the same are,
hereby preserved and retained in full force and effect.

Sec. 26. Be it further enacted. That said mayor and
Bond issues couucilmeu be, and they are, hereby authorized and em-
pur^s«B. powered to issue bonds for and in the name of said city for
any of the following purposes, to-wit.: For building and
equipping public school buildings ; to conduct and maintain
and operate a waterworks and sewerage and drainage sys-
tems for said city, and laying water mains and sewers;
paving, macadamizing, repairing, repaving and improving
the public streets, highways, lanes, alleys and crossings of
the city; building and installing one or more crematories
within or without the city; constructing and installing and
improving or extending an electric light and power plant,
or a gas plant, either or both ; for the purpose of furnish-
ing said city and its inhabitants with light and power ; and
also a street railway system; and also for providing said
city with any other public utility that the city council may
consider desirable or expedient ; for the purpose of building
a city hall, a public auditorum, an armory and any other
public buildings and works and making any other public
improvements that may be needed for the city; and for any
and all governmental, municipal and public purposes. Be-
fore any bonds of said city shall be issued for any of the
foregoing purposes, said mayor and council shall, by appro-



Online LibraryGeorgiaActs passed by the General Assembly of Georgia → online text (page 52 of 115)