/ Atlanta, Ga. ^ Chr^ "^•^ 'charter r Ga. , adopts , ^ PRESENT CHARTER OF THE CITY OF ATLANTA Including all Amendments up to 1 909, and the Proposed Amendments now pending in the Gen- eral Assembly. BUREAU OF GOVERNMENTAL RESEARCH LIBRARY 44 LIBRARY BUILDING Published under resolution of the Mayor and General Council JULY, 1909. Department of Political Scd Universalis: of Calif ornj Lo.3 Angeles Acquired; JON 1930 BYRD PRINTING COMPANY \CJ () /") cTf^Cf • tA'/^/C/.^ PRL5LNT CHARTER OF THE CITY OF ATLANTA Including all Amendments up to 1 909, and the Proposed Amendments now pending in the Gen- eral Assembly. BUREAU OF GOVERNMENTAL RESEARCH LIBRARY 44 LIBRARY BUILDING Published under resolution of the Mayor and General Council JULY, 1909. ATLANTA. QA. : BYRD PRINTING COMPANY 1909 Charter of 1874 as Amended. CHAPTER 1. SECTION 1. CORPORATE NAME— POWERS.— The inhabitants of the territory hereinafter designated are hereby continued corporate by the name and style of THE CITY OF ATLANTA, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with this Char- ter, nor the Constitution and laws of this State, nor of the United States. with power in and by said corporate name, to contract and be contracted with, sue and be sued, plead and be impleaded, in all the Courts of this State, and do all other acts relating to its corporate capacity; and shall bo able, in law, to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said City of Atlanta, in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, heredita- ments of whatever kind or nature soever, within the limits or without the limits of said City, for corporate purposes; to hold all property and effects now belonging to said City, either in her name or in the name of others, to the use of said City, for the purposes and intents, for which the same were granted, or dedicated; to use, manage and improve, sell, and convey, rent or lease, and have the like powers over property hereafter acquired, and to have and use a common seal. LIMITS. SECTION 2. CORPORATE LIMITS— ONE AND THREE-FOURTHS MILES. — The corporate limits of said City shall extend one mile and thre?- fourths in each and every direction from a stone post or column standing in the Eastern corner of the Union Passenger Depot in said City — that is to say, the corporate limits shall form a perfect circle around said stone post or column, the radius of which shall be one mile and three-fourths. SECTION 3. INMAN PARK EXTENSION.— Also beginning at the- intersection of the present City limits and the Georgia railroad track, and running thence Northeasterly along said track of said Georgia Eailroad to the dividing line between Fulton County and DeKalb County; thence run- ning North along said dividing line between said Counties to the intersec- tion of said dividing line with the Northeasterly line of Augusta Avenue, projected to intersect said County dividing line; thence along said North- easterly line of said Augusta Avenue in a Northwesterly direction to the intersection of the Northwesterly line of Highland Avenue, and said North- easterly line of said Augusta Avenue projected; thence Southwesterly along said Northwesterly line of said Highland Avenue to its intersection with the present City limits; thence along the line of the present City limits of the City of Atlanta to the point of beginning. The territory above described shall be and constitute a part of the Fourth Ward of said City of Atlanta immediately after the passage of this Act. SECTION 4. FURTHER EXTENSION. — In addition to the territory hereinbefore mentioned, the said limits of the City of Atlanta shall be extended along the tracks of the Georgia Railroad to the line dividing the property formerly owned by Mrs. R. M. Clarke, and now owned by the East Atlanta Land Company, from the place owned by Mrs. Ed Holland, and thence Northwardly along said line, along the property of the East Atlanta Land Company, and thence Westwardly along the line of said Company back to the present limits of the City of Atlanta. SECTION 5. PEACHTREE STREET EXTENSION.— Also beginning at the present City limits at a point two hundred (200) feet West of West Peachtree Street, thence running Northwardly parallel with West Peachtree Street, and two hundred feet West of said Street to a point two hundred (200) feet North and beyond Fifteenth Street, thence East parallel with Fifteenth Street and two hundred feet beyond same to Piedmont Avenue, thence Northeastwardly along the East side of Piedmont Avenue to the West side of the right-of-way of the Southern Railway, and thence South- wardly along the West side of said right-of-way to its intersection with William's Mill Road, and thence along William's Mill Road to Prospect Street, thence along Prospect Street to the present City limits, thence. Westwardly in a curve along said City limits to the beginning point. SECTION 6. EIGHTH WAED EXTENSION— REPRESENTATION.— The new Eighth Ward created under the provisions of this Act (1904) shall be entitled to two Conncilmen and one Alderman, one Councilman to be elected for one year and one for two years, their successors for two years each, and the same shall be elected at the next municipal election; and the citizens of said newly annexed territory shall be entitled upon compliance with the regulations applying to the other citizens of Atlanta, so far as they may be applicable, to vote in said election; and the citizens living in the new Eighth Ward, as created by this Act, shall be entitled to all the rights and privileges of other citizens of Atlanta, and such citizens shall be given the same right and representation in the municipal government of said City as is now secured, and guaranteed to various wards in said City of Atlanta. SECTION 7. GRANT PARK EXTENSION.— The territory in Fulton County outside of the present corporate limits of the City of Atlanta con- tiguous to L. P. Grant Park, and for one mile in each and every direction from said Park, is incorporated under the jurisdiction of said City. CHAPTER II. ANNEXATION OF WEST END. SECTION 7. WEST END — SEVENTH WARD. — The territory known as the City of West End shall be annexed to and shall become a part of the City of Atlanta, said territory being described as follows: Com- mencing where the original land line between land lots number 108 and No. 109 crosses the present corporate limits of the City of Atlanta on the West, and running from thence West along the North line of land lots 108 and 117 to the Northwest corner of said land lot 117; from thence running South along the West line of land lots 117 and 118 to the Southwest corner of land lot 118; from thence East along the South line of land lots 118 and 107 to the Central Railroad; thence in a straight line in a Northeasterly direction to a point where Humphries Street crosses the present corporate limits of the City of Atlanta, as shown by Cooper's map of Atlanta; and from thence along the present corporate limits of the City of Atlanta to the beginning point. SECTION 8. ORDINANCES OF ATLANTA EXTENDED TO— COL- LECTION OF BALANCES DUE WEST END.— In all cases, except where expressly excepted in this Act, all laws and ordinances, whether general or special, now applicable and in force in the City of Atlanta as now con- stituted, shall be applicable and of force in the territory now known as West End, as described above. Laws for the collection of balances due West End, as well as for preserving order, are covered by this section. SECTION 9. SEPARATE WARD— BOUNDARIES UNCHANGED.— Said territory, now known as West End and described above, shall by itself be a separate and distinct ward of the City of Atlanta, and shall be known and designated .as the Seventh Ward of the City of Atlanta, and shall in the future be and remain a separate distinct ward with the boundaries unchanged, except as the same may be enlarged by and with the consent of two-thirds of the general council of the City of Atlanta. SECTION 10. COUNCILMEN— ALDERMEN— HOW MANY.— Said ter- ritory, when it shall become the seventh Ward of the City of Atlanta, shall be entitled to only one Councilman for the next five years from the date of annexation, unless said territory shall sooner contain five thousand or more inhabitants, then, and in that event, said Seventh Ward shall be entitled to two Councilmen equally with the other wards of said City. The first Councilman for said Ward shall be elected in the same manner and under the same rules and regulations as shall be the aldermen and Councilmen for the other wards of the City of Atlanta at the next general City election, that is, at the general City election to take place in the City of Atlanta. The present territory of West End shall participate in said general election just as if it were then a part of the territory of the City of Atlanta, and the citizens thereof shall vote for the full City offices, including their own Councilmen, as do the other citizens of Atlanta, the citizens of West End being constituted citizens of Atlanta for the purposes of said election. Said Councilman at said election chosen shall serve for the term of two years, and at every other election a new Councilman for the Seventh Ward shall be elected.. But the citizens of the Seventh Ward shall participate equally with the other citizens of Atlanta in every City election, whether a Councilman shall at said election be elected for the Seventh Ward or not. If the said Seventh Ward does not before said time contain five thousand or more inhabitants, then, at the general City elec- tion to be held in the fall of the year 1898, there shall be a new Council- man chosen by the City as all other Councilmen are chosen, to represent 8 the Seventh Ward of said City for a term of two years, and a new Coun- cilman shall thereafter be elected for said ward at each City election just as Councilmen are elected for the other wards of said City. If before five years from January 1, 1894, the said Seventh Ward shall contain five thou- sand people, then at the next City election thereafter held, a new Council- man shall be elected to represent the Seventh Ward. If it so happens that the original Councilman provided for in this Act is also to be elected at said last-mentioned election, then the term of office of the new Council- man at said election to be elected shall be for only one year, and each year thereafter at each City election a Councilman shall be elected to repre- sent the Seventh Ward. SECTION 11. REPEESENTATION— BOARDS.— If, hereafter, the wards of the City of Atlanta shall, as such, become entitled to representa- tion by an Alderman each, then, and in that event, the Seventh Ward shall have the same right with the other wards of the City to such representa- tion. Said Seventh Ward shall also have the same representation as do the other wards of said City upon the Board of Education, the Board of Water Commissioners, the Board of Health, and upon the other Boards as by law now or hereafter to be provided in the case of other wards; and to that end, said Boards shall be enlarged by adding thereto the representative from the Seventh Ward, who shall hold for such tenure as the ordinances prescribe. At the second meeting of the Council in January, 1894, there shall be an election for the purpose of adding to said Board the representa- tives allowed for the Seventh Ward. Those then elected shall hold their office until there is a regular election under the charter of the City of Atlanta to elect the members of said Boards, and at said regular election, and always thereafter, the representatives on said Boards from the Seventh Ward shall be elected as are members from other wards. SECTION 12. RIGHTS OF WEST END PRESERVED— CONTRACTS OF PRESERVED— LIENS PRESERVED.— Except as the laws may be changed or modified by the laws and charter of the City of Atlanta, said City shall succeed to and preserve and carry out all the rights of West End, whether they exist by reason of contract or otherwise, and especially will Atlanta preserve to the citizens of the Seventh Ward all the rights that the citizens of the City of West End now have as to street railroad fran- chises, grants, or conditional grants. And in enforcing any contract or lien received from the City of West End under this contract, the City of Atlanta shall have and exercise all the rights and remedies that the City of West End, or its citizens, had or may have had; and in addition the said City of Atlanta shall have all the rights and remedies, which West End now has to enforce said contracts or liens so received, this power to apply to. executions for taxes and assessments for local improvements of any kind. SECTION 13. BONDED INDEBTEDNESS OF WEST END ASSUMED —ASSETS OF WEST END VESTED IN ATLANTA— ASSETS NAMED.— Atlanta shall, and by the Act does, assume the bonded indebtedness of West End, which amounts to the sum of $52,000.00, and on January 1, 1894,, said City of Atlanta shall, by virtue of this Act, and by virtue of the agree- ment made by and between the City of Atlanta and the City of West End, and without any further writing or conveyance, become invested with the absolute title and ownership, control and rights of disposition, of all the municipal assets and property of West End. The assets of West End, which by this .Act shall become the property of Atlanta, are: Gordon Street lot, 75 x 100 feet. Impounding lot, west of school lot. A triangular lot, 60 x 60 feet Railroad Avenue and Oak Street. The City interest in the school building and lot on Lee Street, the City's. interest estimated at $22,000.00. Such tax fi fas and claims for street improvements, sewer and sidewalks not collected by the City of West End on January 1, 1894. Mules, carts, wagons, harness and iron safe. It is the purpose of this Act to invest the City of Atlanta with the full title of the property above described at the date aforesaid, and with title to all other assets belonging to West End, January 14, 1894. Uncollected executions for taxes or assessments, whether due to West End or transferees, shall be enforced by levy and sale by the Marshal of Atlanta, subject to redemption, as in tax sales. The City of Atlanta also assumes and agrees to acquire by purchase or otherwise all the right, title and interest that private citizens have in and to said house and lot, pro- vided the same does not cost more than $6,000.00, and shall keep and hold the sole and complete title to the same for school purposes. SECTION 14. MANUFACTURE AND SALE OF LIQUORS PRO- HIBITED. — The manufacture and sale of alcoholic, spirituous and malt 10 liquors shall, however, be prohibited within the territory now known a& West End, and in the adjacent territory outside of Atlanta, as now pro- vided by the charter of West End. «• SECTION 15. LIGHTS— HOW MANY MAINTAINED— CONTRACT FOR PRESERVED. — Within the territory now known as |West End, the City of Atlanta shall maintain twenty arc lights until the termination of the present contract of the City of West End -with the Atlanta Gas Com- pany. After the termination of said contract, five additional arc lights, shall be maintained by the City of Atlanta in said territory. The City of Atlanta shall assume and carry out with the Atlanta Gas Light Company the contract the City of West End has with the said Company, said con- tract providing that the City of West End shall pay for fifty gas lamps, $1,152.00 per year. SECTION 16. SANITARY SERVICE.— The City of Atlanta shall have performed for the West End territory the same amount and kind of sani- tary service on the same terms as to sanitary taxes as are or may here- after be enjoyed by the balance of the City of Atlanta. SECTION 17.— FIRE ENGINE HOUSE— MEN— ENGINES.— The City of Atlanta shall in the year 1894 build a brick fire engine house in the present territory of West End, and equip the same with engine, hose, hose- reel, horses and with such other equipments as are necessary, at an esti- mated cost of $6,850.00. Said City shall man said fire engine house and its equipments with a company of not less than five men, and said Com- pany shall serve West End, and so much of Atlanta as practicable. SECTION 18. SCHOOLS— TEACHERS, HOW MANY.— The City of Atlanta shall maintain upon the present school lot an eight grade grammar school equal to the other grammar schools in the City of Atlanta, and not less than eight teachers. Said City shall also carry out the present con- tract made by the City of West End with the teachers now employed hy the City of West End, and no change of books, curriculum, or contracts of teachers of the present West End school shall be made until after the Spring Term of 1904. The present teachers, books, and curriculum shall be retained by the Board of Education of the City of Atlanta until the end of the Spring Term of 1894, said teachers being always subject to removal for cause. 11 SECTION 19. POLICE PROTECTION.— The present territory of West End shall be by the City of Atlanta furnished with proper police protec- tion, which shall be increased, as occasion may demand as is provided in the other parts of ihe City of Atlanta. SECTION 20j SEWERS— FOUR TRUNK— LATERAL SEWERS.— Said City of Atlanta shall herself, out of the public treasury and without private cost to the citizens of the proposed Seventh Ward, build to the present cor- porate limits of the City of West End four trunk sewers in the territory of West End, called for by the sewer survey of said territory made thereof by the engineer under the direction of the City of West End, and shown by plan or map of the proposed sewers of said territory. Said trunk sewers estimated to cost the sum of $32,000.00. The sum of $15,000.00 shall be by the City of Atlanta expended in building said sewers in the year 1894, and the balance as soon as practicable. All other lateral and other main sewers shall be constructed on the same basis and system as to assessment and otherwise as now obtained or may hereafter be provided by the char- ter of the City, of Atlanta. ■ SECTION 21. WATER MAINS IN CERTAIN STREETS— FIRE, SAN- ITARY AND DOMESTIC SERVICE.— The City of Atlanta shall also, as early as practicable after January 1, 1894 lay water mains in the present territory of West End on Lee Street from West End Avenue to Beecher; on West End Avenue from Lee to Ashby; on Park Street from Peters to Ashby; on Ashby Street from West End Avenue to Baugh; on Oak Street from Peters to Ashby; on Peeples from Porter Avenue to Baugh; on Gordon Street from Lee to Holderness; on Lawton Street from Gordon to Baugh; on Baugh from Ashby to Lee; on Irwin Street from Ashby to Lee; on Peters Street from Park to Oak, from which water shall be supplied for fire, sanitary, and domestic purposes at the same rate as is charged other parts of the City of Atlanta. SECTION 22. PENALTY FOR VIOLATION OF ACT OF ANNEXA- TION. — Upon the violation of any of the provisions of this Act, or upon the failure to perform any part thereof, any ten citizens of the territory of West End may enforce compliance therewith on the part of the City of Atlanta by petition for injunction, application for mandamus, or by any other appropriate legal remedy in the Superior Court of Fulton County, or in any other Court having jurisdiction thereof. 12 CHAPTER III. EXTENSION OF CITY LIMITS BY AMENDMENT OF 1908— ANNEX- ING TERRITORY ON ALL SIDES OF THE CITY— COOK'S DISTRICT— NORTH ATLANTA— EAST ATLANTA— EDGEWOOD— AND SOUTH OF PRESENT LIMITS— CONDITIONS. SECTION 23. GENERAL EXTENSION.— That the limits of the City of Atlanta be extended beyond the limits as now defined so as to take in new territory included between the present limits and the following bound- ary line: Commencing at a point on the Northern line of land lot 109 in the 17th district of Fulton County, where the same crosses the Peachtree Road and running thence East along the North line of said land lot to the Northeast corner of said lot; thence South to the South side of the Belt Line Railroad; thence East to the East side of the right-of-way of the Southern Railway; thence Southerly along the East side of the right-of- way of the said railway to a point where same crossess the North line of land lot No. 17; thence due East along the North lines of land lots Nos. 17 and 16 in the 14th district of Fulton County to the County line between Fulton and DeKalb Counties; thence North along said County line to where the same intersects the North line of land lot 241 of the 15th district of DeKalb County; thence East along the North lines of land lots Nos. 241 and 242 of the 15th district of DeKalb County, to the East line of land lot 242 of said district; thence Southerly along the East line of land lots 242 and 239 of said 15th district to the corporate limits of the Town of Edge- wood; thence Easterly along said corporate limits to the extreme Eastern corner of said Town; thence Southerly along the corporate limits of said Town to a point where same stop South of the railroad; thence Westwardly along the corporate limits of said Town to the East line of land lot 210 of said 15th district; thence South along the East line of said land lot to the South line of the corporate limits of said Town of Edgewood; thence West along said corporate limits to the east line of land lot No. 208 of said 15th district of DeKalb County; thence South along the East line of land lots Nos. 208, 177 and 176 of said district to the South line of said land lot 176 of said district in DeKalb County; thence AVest along the South line of land lot No. 176 to the Southwest corner of said land lot; thence North along the West line of said land lot to a point 200 feet South of New Flat 13 Shoals Road or Magazine Street; thence due West to the East line of the right-of-way of the Atlanta & West Point Belt Line; thence in a South- westerly direction along the Southeast and Southwest boundary of the right- of-way of said Belt Line to the corporate limits of Oakland City; thence Northerly along said limits to the extreme Northeast corner of Oakland City; thence along said limits to where same touch the East line of land lot No. 138; thence North along the line of said land lot and East line of land lot 139 to the Southwest side of the right-of-way of the L. & N. Railway; thence along the West side of said right-of-way to Gordon Street; thence Northwesterly along Gordon Street or Road to the East line of land lot 173; thence North along the East line of land lots Nos. 173 and 174 to the Northern limits of Battle Hill; thence East along the Northern limits of Battle Hill to the Easterly line or Northeast corner of Battle Hill, and thence due East to the West side of the right-of-way of the L. & N. Rail- way; thence Northwest along the West side of the right-of-way of said Railroad to its intersection with the East line of land lot 144; thence North along the East line of land lots Nos, 144 and 190 of said district to Marietta St.; thence Southeasterly along Marietta Street to Exposition St.; thence Easterly along Exposition St. to the East side of Carrie St. as shown on the plat of the Jos. E. Brown estate; thence running in a Northeasterly direction along the East side of said Street and across Lee Avenue continuing in a straight line with the East side of Carrie Street to the Howell Mill Road; and thence in a Northerly direction along said road to the Southeast bound- ary of the right-of-way of the Belt Line; thence Northeasterly along said right-of-way to a point 200 feet North of North Street (also called 14th Street); thence Easterly 200 feet North of North Street (also called 14th Street) to a point 600 feet East of the West line of land lot No. 107 of the 17th district of Fulton County; thence due North to the North line of land lot No. 109 of the last named district; thence due East to the beginning point; Provided, That so much of the territory of the Town of Edgewood as lies South and Southeast of the North and Northwest boundary of ilio right-of-way of the Georgia Railway and Electric Company, known as the South Decatur line, shall not be included within the City of Atlanta, as extended by the foregoing provisions, but shall be and is hereby excluded therefrom. 14 SECTION 24. REPEALING OLD WARD LINES— WEST END— 6, 4 -and 8th WARDS. — That the provisions of the present Charter of the City of Atlanta codified as Section 4 of the City Code of Atlanta of 1899 fixing the limits of West End as the Seventh Ward of Atlanta, and the provis- ions of said Charter, codified as Section 29 of said Code fixing the limits ■ of the Sixth Ward, and the further provisions of an amendment to said ■of Fourth and Fifth Wards be, and the same are, hereby repealed, and all ■Charter, under the Act of 1904, fixing the limits of the Eighth Ward and ■other provisions of the Charter of the City of Atlanta whereby special districts are set apart as separate Wards and special privileges, repre- sentations and local benefits are prescribed therefor be, and the same are, hereby repealed. SECTION 25. EAST ATLANTA AND EDGEWOOD AND COPENHILL SECTIONS BECAME PART OF CITY JANUARY, 1909.— That the pro- visions of this Act providing for the annexing of the territory as above •described shall become effective on and after January 1, 1910, and all of said territory shall thereafter be included within the corporate limits •of the City of Atlanta and all of the residents of said added territory •shall thereafter become citizens of the City of Atlanta provided that the provisions of this Act as to the following territory is hereby made effective -on January 1, 1909, and the following territory is hereby made a part -of the corporate limits of the City of Atlanta and the residents made •citizens of the City of Atlanta from and after January 1, 1909: Com- mencing at the present City limits on the right-of-way of the Southern Railroad where said right-of-way crosses the South line of land lot No. 53 and running thence Easterly along the South line of land lots No. 53 and land lot one (1) of the 14th district of Fulton County, Georgia, to the DieKalb County line; thence Northerly to the line of land lot No. 241 of the 15th district of DeKalb County, Georgia, and thence Easterly along the North line of land lots Nos. 241 and 242 to the Northeast corner of land lot No. 242; thence Southerly along the East line of land lots Nos. 242 and 239 to the present corporate limits of the Town of Edgewood; chence along said limits to the Southeast corner of said Town; thence Westerly along said limits to the East line of land lot No. 208; thence Southerly along the East line of said land lots Nos. 208, 177 and 176 of -the 15th district of DeKalb County, Georgia, to the South line of said 15 land lot No. 176; thence "Westerly along the South line of said land lot No. 176 to a point midway between the Southeast and Southwest corners, of said land lot; thence North to a point 200 feet South from the Flat Shoals Eoad; thence continuing in a Northwest direction 200 feet West from Flat Shoals Road to a point 200 feet Southeast of the Magazine or New Flat Shoals Road; thence Westerly 200 feet South of said Magazine Road to the West line of said land lot; thence due West to the present limits of the City of Atlanta; thence in a Northerly direction along the present limits of the City of Atlanta to the point of beginning. SECTION 26. EDGEWOOD— SPECIAL CONDITIONS.— That the City of Atlanta, in taking over the property and territory of the Town of Edgewood, as herein provided, shall agree to the following terms and. same are hereby made conditions of said annexation : 1st. Nothing less than the present Town limits of the Town of Edgewood are hereby made a Ward of the City of Atlanta, but said Ward shall have added to same as much territory as the Mayor and General Council shall provide in passing ordinances re-adjusting the City of Atlanta and making effective the terms of this Act. 2nd. The City of Atlanta shall assume all bonded and other debts of the Town of Edgewood and same are hereby made a part of the bonds and debts of the City of Atlanta when the provisions of this Act become effective. All the property, real, personal, choses in action and money belonging to the Town of Edgewood shall become the property of the City of Atlanta to be delivered in the possession and control of its officers on the date the terms of this Act become effective. 3rd. The City of Atlanta shall maintain an electric light system in the Town of Edgewood, as good as at present provided for, and shall assume all existing contracts of the Town of Edgewood for such pur- poses; provided, however, that the City of Atlanta shall not assume nor be required to do anything or carry out any contract, under the- terms of this Act, that would be in any way unfair or affect its rights to collect from the Georgia Railway and Electric Company the per- centage tax now paid the City by said Company on gross receipts of sale of electric current for light, power and other purposes, under- existing ordinances and contracts. ]6 4th. The City of Atlanta shall maintain the two schools now maintaiued by the Town of Edgewood, but the Board of Education shall have full control over said schools, and are hereby empowered to increase the attendance thereof from other sections of the City, provided, that the present teachers and those elected for the ensuing year are to be retained in said schools during the term for which tKey have been elected, and also, that the present salaried officer of the Town of Edgewood shall be retained by the City of Atlanta for the remainder of the term for which he has been elected. 5th. The sale of intoxicating liquors is prohibited within the territory now covered by the limits of the Town of Edgewood and the sale of intoxicating liquors shall not hereafter be licensed by the City of Atlanta therein. 6th. The main streets of the Town of Edgewood shall be paved with chert or other pavement, as may be deepied best by the authorities of the City of Atlanta, and City water and sewerage be provided for said streets as soon as conditions will justify. 7th. That the present contracts held by the Town of Edgewood with the Street Railway Company, its successors and assigns, as now maintained as to service and fares, the same being the conditions upon which the franchise of said Eailway CJompany maintain and operate its lines within the limits of the Town of Edgewood shall be and the same are hereby preserved and continued of force, and it shall be the dutj' of the City of Atlanta to see that the terms thereof are complied with by said Railway Company, and it shall be the duty of the Railway Company to continue its service and fares to the people within the limits of the Town of Edgewood as heretofore fixed by the franchise granted said Eailway Company by the Town of Edgewood. 8th. The income of the Town of Edgewood for the year 1908, as collected up to the 1st of January, 1909, may be expenddd by the present City ■ Council of Edgewood for the support of its electric plant, its schools and upon its streets and in the administrative department of said Town. SECTION 27. EAST ATLANTA— CONDITIONS.— That the section known as East Atlanta, which is included in the limits as aWove provided, shall have proper representation in the General Council from the Ward to .17 which it is attached as are other sections of the City; that the City shall pay the obligations now resting on the Board of Trustees by the employment of teachers in the schools now serving said section; that said section shall also have such police protection as other sections of the City of Atlanta now have, looking towards the safeguarding of the homes of the citizens of said section as other parts of the City of Atlanta similarly situated, so as to give water and fire protection as soon as same can be done by the authorities of the City of Atlanta; that adequate school facilities shall be furnished to said section; that sewer and street mains shall be put down in this section as soon as conditions will justify it; that the High Schools of Atlanta shall be open to the residents of this section as soon as said territory becomes a part of the City of Atlanta. SECTION 28. PART OF LAND LOT 176— POLICE PURPOSES.— That the portion of the Western half of land lot No. 176 in the 15th district of DeKalb County, which portion lies 200 feet West of Flat Shoals Road and 200 feet South of Magazine Road, except that portion of said lot as may be included in any of the terms of the foregoing Sections be, and the same are, hereby incorporated within the limits of the C-ity of Atlanta for police purposes and shall be subject to all the ordinances of the City of Atlanta looking towards the enforcement of peace, good order and health. SECTIOTSr 29. EDGEWOOD— TO BE PART OF WARD IN 1909.— That the Mayor and General Council of the City of Atlanta shall provide that the territory of the Town of Edgewood within the County of DeKalb, which this Act provides shall become a part of the City of Atlanta on January 1, 1909, on or before said date, whereby said territory shall bec6me one of the Wards of the City together with such added territory as said Mayor and General Council may ordain shall become a part thereof. But this provision shall be subject to the terms of the Section following this whereby it is made the duty of the Mayor and General Council to re- district the entire limits of the City of Atlanta during the year 1908 so as to adjust same to new limits herein provided for. SECTION 30. REDISTRICT CITY IN 1909.— That the Mayor and General Council of the City of Atlanta shall, during the year 1909, re- district the territory covered by the old as well as the new limits of the City, being the territory within the limits as prescribed by this Act, and divide same into Wards, not exceeding ten, having reference to population 18 and territory, iu order that all sections of the City may be fairly repre- sented in the General Council and each of the Wards as so arranged, shall be entitled to one Alderman and two Couneilmen, and likewise, shall be entitled to representations on the Boards and Commissions of the City, as the present and future ordinances may provide. Said Mayor and General Council are hereby authorized to provide, by ordinance, for all changes necessary to re-adjust the City to the new limits for all the purposes of police, fire, sanitation, schools, and any and all other public purposes served or to be served by the City of Atlanta. SECTION 31. The power and authority of the City of Atlanta under its present Charter and ordinances and all laws appertaining to the City of Atlanta as a municipality are hereby extended over and made effective in every part of the territory covered and included within the limits as prescribed by the terms of this Act. The power and authority of the officers of the City are made co-extensive with the Limits as extended by this Act and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Atlanta. The power of taxing property and of 'Gxing and regulating licenses for business; to assess, issue executions for, and in cases of default sell the property upon which taxes are due, as now pre- scribed by Charter and ordinances of the City of Atlanta, are extended to all the Limits included under the terms of this Act. The power of the Board of Health, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Recorder, Building Inspector, and all the other officers of the City of Atlanta, are extended to the new limits as fully and completely as they now exist within the former limits under the present Charter, laws and ordinances governing the City of Atlanta. Said new territory is like- wise made subject to all the bonds heretofore issued by the City of Atlanta and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. SECTION 32. That the territorial jurisdiction of the Justice Courts in so much of said City as is contained in the area annexed by this Act shall not extend to the entire limits of said City but the jurisdiction of the Justice Courts in the territory so annexed shall be and remain and are hereby limited to their respective districts. 19 ' CHAPTER IV. TERRITORY EMBRACED BY CITY FOR POLICE PURPOSES. SECTION 33. OLD FAIR GROUNDS— LAND LOTS 112 AND 150.— All that i)ortioii of lot one hundred and twelve (112) in the Fourteenth District of Fulton County, purchased by the Mayor and Council of said City from Chapman Powell; and all that portion of lot one hundred and fifty (150) of the Seventeenth District of Fulton County purchased by said Mayor and Council from E. R. Sasseen and Dorinda A. Sasseen, and three hundred yards in each and every direction around said purchases; and all that territory between the Western and Atlantic Railroad and the country road leading from Atlanta to Marietta, and a line three hundred yards West of said railroad, and running concentric to the said road; and all that land lying between said country road and a line running three hundred yards East of said road, and concentric to the same, from the present corporation line of the City of Atlanta to the old Fair Grounds. SECTION 34. PONCE DE LEON. — Also commencing on the Eastern side of the present City limits, where the Atlanta and Richmond Airline Railway leaves it, and running along said railway to a point four hundred feet beyond the Ponce De Leon Springs, thence in a straight line to where the present City limits crosses the Peachtree Road, and embracing all the territory between the Peachtree Road, this said line, and the said railway. SECTION 35. GRANT PARK.— The corporate limits of the City of Atlanta are hereby extended so as to embrace for police purposes that tract or parcel of land known and designated as L. P. Grant Park, being one hundred acres of land lot number 43 in the Fourteenth District of Fulton County, and fifty acres of land in land lot number 114 in the 14th district of Fulton County, owned by said City of Atlanta, and used for sani- tary purposes, and the Mayor and General Council of said City are hereby empowered to pass such ordinances for the preservation of peace and good order, and for the protection of such property within said limits as may seem to them proper. SECTION 36. REGULATION OF SALE OF SPIRITS AND MER- CHANDISE IN GRANT PARK AND TWO HUNDRED YARDS WITHOUT. — The Mayor and General Council of Atlanta are hereby empowered to regulate and control under such ordinances as they may adopt the sale 20 of ardent spirits aud all kinds of merchandise and refreshments within the limits of said L. P. Grant Park, and for two hundred yards in either direction from said limits. SECTION 37. PIEDMONT PARK— GENTLEMEN 'S DRIVING CLUB. — The corporate limits are hereby extended so as to embrace for police purposes that tract or parcel of land known and designated as Piedmont Park, being one hundred and eighty-three acres of land lots 54 and 55, in the Seventeenth District of Fulton County, owned by the Gentlemen 's Driving Club and used for park purposes, and the Mayor and General Council of said City are empowered to pass such ordinances for the preservation of peace and good order and for the protection of property within said limits as may seem to them proper. SECTION 38. OLD WATER WORKS.— The tract of land belonging to the City of Atlanta, known as the "old waterworks property," to-wit: 368 15-100 acres in land lots 72, 57, 90, 71, and 58, in the Fourteenth District of Fulton County, is hereby incorporated for police purposes, and the Mayor and General Council of the City of Atlanta are hereby authorized to provide by ordinance for the njaintenance of good order, the preservation of all property on said tract of land belonging to the City of Atlanta, or to anyone, who may have leased, or shall hereafter lease said lands, or any part of them, from said City of Atlanta, just as if said lands were within the territorial limits of said City of Atlanta. SECTION 39. LAND CONTIGUOUS TO OLD WATERWORKS.— The corporate limits of the City of Atlanta are hereby extended so as to embrace the following land lots in the 530th District, Georgia Militia, known as Black Hall District, to-wit: Land lots numbers 71, 72, 73, 74, 86, 87, 88, 89, 90, 103, 104, 105, 106, 107, 120, 121, 122, and in Fulton County, Georgia; and said Mayor and General Council are hereby full}' authorized and empowered to pass such ordinances in relation to, and over, the territory embraced in such extension as may be proper and necessary for the full, ample, and complete protection of said waterworks and all its appurtenances, as above mentioned, and they shall have full power and authority to enforce, by penalties, a compliance with, and observance of, such ordinances, and said body, or the Board of Health of said City, may cause to be abated and removed anything which may cause impurity or unhealthfulness of the water from said waterworks. 21 SECTION 40. WEST PEACHTREE STREET— PIEDMONT PARK. — For police purposes and for the purpose of regulating the retail traffic in spirituous or malt liquors, the corporate limits of the City of Atlanta are hereby extended so as to include the territory within the limits here- inafter defined, to-wit: Beginning at the point where the regular corporate limits on the North side of the City intersect with the West side of West. Peachtree Street, and extending thence Northwardly along the West side of West Peachtree Street or Road to the point where the land lot line between land lots 105 and 106 crosses West Peachtree Road, thence East- wardly along the land lot line between land lots 105 and 106 to the line of property known as Piedmont Park, and thence following the outer limit of the line of Piedmont Park property to the main track of the Southern Railway Company, formerly the Atlanta & Charlotte Airline Railway Com- pany, and thence along the center of said main track in a Southerly direction to where said main track intersects the corporate limits of said City, on the Eastern boundary of said limits. The plat of the property hereby incorporated for police purposes is attached to this Act, and made a part thereof; Provided, however, that the property included within these limits shall not be subject to taxation; and provided further that the exercise of authority to enforce police regulation wuthin said limits shall be discretionary with the Mayor and General Council of said City. SECTION 41. COLLINS PARK AND BELT RAILROAD COMPANY — RIVER LINE. — The corporate limits of the City of Atlanta are hereby extended so as to include therein for police purposes the tracks of the Collins Park & Belt Railroad Company, and the space of fifty feet on each side of said tracks all the way from the Western limits of the City of Atlanta to the terminus of the tracks of said Company on the Chatta- hoochee River, including also the pleasure resort at the said terminus. SECTION 42. NEW WATERWORKS.— The Mayor and General Council of said City shall have full power and authority to establish reasonable police and sanitary regulations over the new waterworks of said City, located at the Chattahoochee River, near the mouth of Peachtree Creek,, in Pulton County, and along the pipe-line of said waterworks system, between said River and City of Atlanta, including said pipe line, the reservoirs of said new waterworks system, the water shed, and all landa occupied for the purposes of water supply, and to punish a violation of 22 such regulations by fine or imprisonment, as in case of violations of other ordinances of said City of Atlanta. SECTION 43. LAND LOT 151— EAST HALF OF.— The City of Atlanta shall have jurisdiction for police purposes of the East one-half of land lot 151 in the Seventeenth District of Fulton County, Georgia, and said City shall have the power to try and upon conviction in the Recorder's Court of said City to punish all persons guilty of violating the ordinances of said City within the boundaries of said lot of land so incorporated for police purposes. SECTION 44. DUMPING GROUNDS— LAND BETWEEN AND CITY LIMITS — BELLWOOD AVENUE. — The corporate limits of the City of Atlanta shall be extended so as to include ninety-two (92) acres," more or less, of land belonging to the City of Atlanta in land lots one hundred and thirteen (113), one hundred and fourteen (114), one hundred and fifteen (115), and one hundred and forty-three (143) in the Fourteenth District of originally Henry, now Fulton County, Georgia, said lands being those now known as the Sanitary Dumping Grounds of the City of Atlanta, and also the lands lying between said Dumping Grounds and the corporate limits of the City of Atlanta, and the roads or streets leading from the City of Atlanta to said Dumping Grounds, and especially the roads know;?' as Bellwood Avenue, the extension of Simpson Street, the extension .^f West Hunter Street, the extension of Ashby Street and Mas6ii 'is .and' Turner 's Ferry Road, and also any other roads now existing, or wliicfa may be opened, leading from the City of Atlanta to said Dumping Grounds, so as to give the Mayor and General Council jurisdiction over said grounds and intervening lands and roads for police and sanitary pur])oses; and to authorize said Mayor and General Council to make and enforce all ordinances necessary for the preservation of the peace and order and for the protection of the property and employees of the City of Atlanta from molestation, disturbance or injury in the prosecution of the Sanitary work of said City in or about said roads and grounds, and to provide by ordinance for the punishment of persons violating any of said ordinances by fine or imprisonment, upon conviction thereof in the Recorder's Court of the City of Atlanta, such fines not to exceed five hundred dollars ($500.00), and imprisonment not to exceed thirty days in any such case. 23 SEGTIpJf ; 45, HEMPHILL Ay.S.NUE— CHATTAHOOCHEE AVENUE HEMPHILL STATION. — The jurisdiction of said City and the territorial limits thereof are hereby extended for police and sanitary purposes over the- lands now or hereafter purchased and belonging to the City of Atlanta, known as the New Waterworks site and grounds, including all lands now or hereafter to be owned by the City, in which tract is the pumping station at the Chattahoochee Eiver, and all the lands belonging to said City at and around what is known as the inner reservoir filter or pumping plant, including also a strip of ground along Hemphill Avenue and Chattahoochee Avenue, and three hundred (300) yards on each side of said roads for a distance, of three hundred yards all around and on all sides of said inner reservoir and pumping station, from the present limits of the City of Atlanta to. the Chattahoochee River at the pumping station, and giving the Mayor and General Council of the City of Atlanta autho>rity to provide lay ordinance for the protection of the property of said new waterworks ^system, and keeping the road aforesaid free from obstructions, and the preservation of the purity of the water in the reservoir, pipes, etc., belonging to said new waterworks, and to have violators of such ordinances punished on conviction thereof in the Recorder 's Court of the City of Atlanta, by fine not exceeding $200.00 and imprisonment not exceeding thirty days, either or both in the discretion of the Recorder, or other officer presiding at the trial of the case in said Court. SECTION 46. LITTLE SWITZERLAND INCLUDED IN CORPORATE LIMITS. — T^ie . following tract of land known as "Little Switzerland," lying South,east, of the present limits of the Cit}' of Atlanta, is hereby incorpo.ij'ated. within, the. limits of said City for all police and sanitary purpose^; and all . the present and any future ordinances of said City shall be of force and effect over said territory, and violations thereof punished by th.^.. Recorder 's Court; said territory is described as follows: All that tract of land in land lot twenty-two (22) and forty-three (43) of the Fourteenth District of originally Henry, now Fulton County, Georgia, more parti«?ularly. described as beginning at a point at the North side of Con- federate Avenue, wliere the present City limits intersects with said Avenue, and running thenxe in a Southeastwardly direction along the North side of , said Avenue to a twenty-foot alley, thence along the North side of said alley to a twenty-five-foot street, the^nce . along the West side of sa\d street 600 feet, thence West at right angles with said street in a direct line to the City limits, thence Southwestwardly along the present City limits to the beginning point, including what is known as "Little Switzer- land." CHAPTER V. . MAYOR— MAYOR PRO TEM. SECTION 47. ELECTION— VACANCIES— MAYOR PRO TEM.— There shall be elected biennially a Mayor, who shall hold his office for two years. The Mayor in all cases shall hold his office until his successor is elected and qualified, and in the event that the office of Mayor shall become vacant by death, resignation, removal, or otherwise, the Mayor pro tern, or in case his seat is vacant, a majority of the General Council shall order a new election by giving at least ten days' notice in any one or more of the City papers, or at two of the most public places in said City; and said election so held shall be managed in the same manner as the elections to be held in chief, according to the provisions of this Charter; Provided, however, if the office of Mayor shall become vacant at any time within three months of the expiration of his term of office the Mayor pro tem shall act as Mayor during the balance of said term, and exercise all the rights and powers of Mayor during said term. SECTION 48. INELIGIBLE FOR SECOND TERM— CHIEF EXECU- TIVE — SALARY. — He shall be ineligible for the succeeding term; he shall be the Chief Executive of said City; he shall see that all the laws and •ordinances of the City are faithfully executed; shall examine and audit all accounts against the City before payment; shall have a salary adequate, to be fixed by the General Council preceding his election, which shall not "be changed during his term of office; he shall have power to convene the General Council in extra session, whenever, in his judgment, the exi- gencies of the case require it. * SECTION 49. MAYOR'S COURT— FINES— WHO PRESIDE AT.— The Mayor, or in his absence, the Mayor pro tem, shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinances, a Mayor's Court for said 25. City for the trial of offenders against the ordinances of said City, and' impose such penalties for violations thereof as may be prescribed by ordinance, not exceeding five hundred dollars and imprisonment, or labor on public works for thirty days for each offense. The like authority may be conferred upon any one member of the General Council to be regulated by ordinance. SECTION 50. A JUSTICE OF THE PEACE— WAREANTS ISSUED BY— COMMITMENT TO JAIL OF COUNTY.— The said Mayor 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 corporate limits of said City, which warrants shall be execiited by the Marshal or Chief of Police; and commit to the jail of the County of Fulton, or to admit to bail offenders, for their appearance at the next Superior Court thereafter, for the County of Fulton; and it shall be the duty of the jailer of the County of Fulton to receive all such persons so committed, and safely to keep the same until discharged by due course of law. SECTION 51. PRESIDING OFFICER— ELECTION OF MAYOR PRO TEM. — The General Council and Board of Aldermen and the Board of Councilmen shall be presided over by the Mayor pro tern, except at the* first meeting in January of each year the Mayor shall preside over the General Council, and administer the oath to the newly elected members, announce the standing Committees for the year, and then the General Council shall proceed to the election of Mayor pro tem. The Mayor shall also preside at the sessions of the General Council during the election of officers. SECTION 52. NO VOTE EXCEPT IN CASE OF TIE.— The Mayor and the Mayor pro tem, when presiding respectively over the General Council, and Board of Councilmen, as above provided, shall have no vote except in case of a tie. SECTION 53. VETO OR APPROVAL FOUR DAYS.— Within four days after the passage thereof the Mayor, or, in his absence the Mayor pro tem, shall approve, or veto, the resolutions, orders, ordinances, or other Acts of the General Council, or Board of Aldermen, or Board of Councilmen, except the election of officers. 26 SECTION 54. PASSING OVER VETO.— The General Council may pas& the said order, ordinance, or resolution, notwithstanding the veto, by a vote of two-thirds, to be taken by yeas and nays, and entered on the minutes. SECTION 55. IN ABSENCE OF MAYOR, MAYOR PRO TEM ACTS.— In the absence of the Mayor, this power may be exercised by the presiding officer for the time being. SECTION 56. OATH OF OFFICE— WHEN ADMINISTERED— STANDING COMMITTEES— ELECTION OF MAYOR PRO TEM.— At the first meeting in January of each year the Mayor shall preside over the General Council and administer the oath of office to the newly elected members, and announce the standing Committees for the year, and the General Council shall then proceed to the election of a Mayor pro tem. SECTION 57. MAYOR PRESIDES DURING ELECTION OF OFFI- CERS. — The Mayor shall also preside at the sessions of the General Council during the election of officers, unless absent from the City, ox, prevented by illness, or other unavoidable causes, in which event the Mayor pro tem shall jjreside. SECTION 58. MAYOR PRO TEM PRESIDING OVER THE BOARD OF ALDERMEN VOTES. — The Mayor pro tem, when presiding over the Board of Aldermen, shall vote on all questions coming before that Board for separate action, and shall have no additional vote, in case of a tie in that Board. SECTION 59. MAYOR EX-OFFICIO MEMBER OF THE BOARDS.— The Mayor shall be ex-officio a member of the Board of Police Commis- sioners, Water Commissioners, Board of Health, and Board of Education. SECTION 60. ABSENCE OF MAYOR AND MAYOR PRO TEM, WHO ELECTED AND HOW.— Whenever it shall so happen that both the Mayor and Mayor pro tem shall be absent or under disability, or in case both of said offices should he for any cause vacant, then, and in that case, the Clerk shall call a special meeting of the General Council for the purpose of considering Hhe same, and, if upon assembling, that body shall by resolution declare that said absence, disability, or vacancy exist, then they shall immediately proceed to elect another Mayor pro tem, who shall succeed to and exercise all the powers and duties of a Chief Executive 27 of said City until the Mayor, or previously chosen Mayor pro tern shall be in condition to resume and does resume the duties, or until the existing vacancy or vacancies, as the case may be, shall be' filled in the manner pointed out by law. SECTION 61. MAYOR'S OATH OF OFFICE.— The oath to be taken and subscribed by the Mayor and members of the General Council of the City of Atlanta, before entering upon the duties of their office, shall be as follows: "I swear that I will faithfully and impartially demean myself as Mayor, Councilman, or Alderman, during my continuance in office. I have not, in order to influence my election to this office, directly or indi- rectly, expressly or impliedly, promised my vote or support to any person for any office in the City Government of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in the City Government to be influenced by fear, favor, or affection, reward or hope thereof, but in all things pertaining to my said office I will be governed by what is my conviction for the public good. ' ' SECTION 62. QUALIFY COUNCILMEN.— The Mayor, after being so qualified, shall have full power and authority to administer the oath of office to each member of the Board of General Council. SECTION 63. PENALTY FOR VIOLATION OF OATH OF OFFICE- TRIAL — HOW HEARD. — Any person found guilty of violating any of the provisions of the above oath, upon a fair and impartial trial before the Mayor and General Council of said City, shall be forthwith expelled from office, and forever disqualified thereafter from holding any position of honor, trust, or emolument connected with the City Government of Atlanta. 28 CHAPTER VI. LEGISLATIVE DEPARTMENT. SECTION 64. LEGISLATIVE DEPARTMENT— STYLE OF.— The Leg- islative Department of said City shall be vested in the Mayor, Board of Aldermen, and Board of Councilmen. The Mayor and Board of Councilmen shall be styled the Mayor and Council; and the Mayor and Board of .Councilmen meeting with the Board of Aldermen, or acting and meeting on separate days, but on any matter requiring the concurrent or separate action of both the Board of the Councilmen and Board of Aldermen, shall be styled the Mayor and General Council. SECTION 6.5. ALDERMEN NOT REQUIRED TO ACT SEPARATELY, EXCEPT. — The Board of Aldermen shall not be required to meet or act as a separate Board on any matters in said City, except as hereafter provided. SECTION 66. FIVE AVARDS.— The City shall be laid off into five Wards by Council; said Wards to be as nearly equal as possible, considering population and territory. (Increased to nine). (Amendment of 1908 allows, and directs a re-districting of the City). SECTION 67. SIXTH WARD.— The Sixth Ward shall be bounded as, follows: Commencing at the point where Butler Street crosses the Georgia Railroad, and running along North Butler Street to North Avenue, thence along North Avenue to Williams Street, thence along Williams Street to West Cain Street, thence along West Cain to James Street, thence along James Street to Forsyth Street, thence along Forsyth Street to the Western and Atlantic Railroad. SECTION 68. FOURTH AND FIFTH WARDS FIXED.— The Fourfh and Fifth Wards shall remain as at present laid off, after taking from them the territory comprised or embraced within the limits specified for the Sixth and Eighth Wards. SECTION 69. SEVENTH WARD.— The Seventh Ward includes all the corporate limits of the former City of West End. (a) Provision that the corporate limits of the City of West End should form a distinct Ward of the City of Atlanta, to be known as the Seventh Ward, repealed August 3rd, 1904. 29 SECTION 70. EIGHTH WARD.— Beginning at the present City limits at a point two hundred (200) feet West of West Peachtree Street, thence running Northwardly parallel with West Peachtree Street, and two hundred feet West of said Street to a point two hundred (200) feet North and laeyond Fifteenth Street, thence East parallel with Fifteenth Street and two hundred feet beyond same to Piedmont Avenue, thence Northeastwardly along the East side of Piedmont Avenue to the West side of the right-of- way of the Southern Railway, and thence Southwardly along the West side of said right-of-way to its intersection with Williams Mill Road, and thence along Williams Mill Road to Prospect Street, thence along Prospect Street to the present City limits, thence Westwardly in a curve along said City limits to the beginning point. Also, that portion of the City of Atlanta lying between the territory above described, and the present limits of the Sixth Ward, and bounded on the East by the Fourth Ward, and on the West by the Fifth Ward. The territory above described constitutes the Eighth Ward of said City of Atlanta. SECTION 71. LIMITS OF EIGHTH WARD MAY BE CHANGED ONCE. — After the first day of January, 1905, the Mayor and General Council are authorized, in their discretion, to change the territory contained in said Eighth Ward heretofore described by deducting such portions of territory in the Sixth Ward, or the Fourth Ward, or both Wards, and make such portions of territory constitute, together with the newly annexed territory, the new Eighth Ward, but, having been once changed, said boundaries shall remain fixed. SECTION 72. REPRESENTATIVES OF EIGHTH WARD ON DIF- FERENT BOARDS— VOTING PRECINCTS IN.— Each and all Charter provisions providing for Ward representatives in the different Boards and Departments and Voting Precincts, etc., are hereby amended so as to increase such representation in proportion to the number of Wards increased under the provisions of these amendments. Likewise all the present municipal regulations with reference to Wards shall be made applicable to the increased number of Wards as herein provided, so that there shall be no change in the present municipal government, except to adjust same to the increased number of Wards. Where said Boards or Departments are not governed in proportion to the number of Wards, these provisions 30 -shall not operate to increase the membership thereof. Proper ordinances shall be immediately enacted so as to carry all the provisions of the several Charter amendments herein made into effect on or after the first Monday in January, 1905. SECTION 73. EIGHTH WARD EQUAL RIGHTS.— Citizens living in the Eighth Ward, as above defined, or hereafter constituted in accordance with the provisions of this Charter, shall have all and similar rights and privileges, as enjoyed by the other Wards of the City. SECTION 74. NUMBER OF COUNCILMEN FOR EACH WARD.— Two Councilmen shall be elected from each Ward by the voters qualified to vote for the members of the General Assembly, to serve for two years. SECTION 75. ANNUAL ELECTIONS.— The elections shall be annual, so that one-half shall go out every year. SECTION 76. INELIGIBLE FOR SUCCEEDING TERM.— They shall be ineligible for the succeeding term, (but are eligible for Aldermen). SECTION 77. ALDERMEN— NUMBER.— There shall be one Alderman from each Ward. SECTION 78. INELIGIBLE TO SUCCEED THEMSELVES.— They shall be ineligible for the succeeding term, (but are eligible for Council- men). SECTION 79. GENERAL COUNCIL— HOW COMPOSED.— The Coun- cilmen representing the different Wards, and the Aldermen representing the dift'erent Wards shall constitute the General Council of the City, and shall have all the powers vested in the Mayor and Council of the City of Atlanta. SECTION 80. ELECTION— SALARIES.— They shall be elected by general ticket, and shall have annual salaries of three hundred dollars each. This compensation shall not be changed during the term for which they are elected. SECTION 81. REMOVAL FROM WARD— VACANCY BY.— In any and all cases, in which any person has been heretofore or may be hereafter elected by popular vote, or be elected or appointed by the Mayor and General Council of said City of Atlanta, or by any Board, Commission, or Department of said City Government, to any office or official service for :5i or to serve or represent any Ward of said City, and any such person so elected or appointed to represent or serve, has heretofore, or shall hereafter remove from the "Ward from or for which he was so elected or appointed to represent or serve, the fact or act of such removal shall thereby create a vacancy in such official service, and such vacancy shall be filled as in other cases of vacancy in office in said City. SECTION 82. giTORUM OF GENERAL COUNCIL.— Eleven shall con- stitute a quorum of the General Council of the City of Atlanta for the transaction of business. SECTION 8.3. QUORUM OF COUNCILMEN.— A quorum of the Board of Councilmen shall consist of a majority of all the members thereof. SECTION 84. QUORUM OF ALDERMEN.— A quorum of the Board of Aldermen shall consist of a majority of all of the members thereof. SECTION 85. MINORITY— POWERS OF— ABSENTEES— ATTEND- ANCE COMPELLED. — In all cases a less number may adjourn from time to time, and compel the attendance of the absentees. SECTION 86. SEPARATE ACTION— INDEBTEDNESS— EXPENDI- TURE. — In all votes, resolutions or ordinances having for their object the increase of the indebtedness of the City, or the expenditure of its revenue, except appropriations for the payment of its salaried officers, the Council- men representing the different Wards, and the Aldermen representing the City at large, shall act as separate and distinct legislative bodies; and na vote, resolution or ordinance having for its object the increase of the in- debtedness of the City, or the expenditure of its moneys, or authorizing the sale of any part of the public property of the City, or the granting of fran- chises for street railroads or railways, or telephone companies, or telegraph companies, or electric or gas companies, or any other similar franchise where the streets or public alleys are to be used for any purpose in the prosecution of the business of the company seeking the franchise, shall be voted until the same shall have received a majority of the votes of a quorum of each of those legislative bodies, separately cast. SECTION 87. ALDERMEN NO YOTE IN GENERAL COUNCIL WHEN. — The Aldermen shall have no vote upon such questions, when orig- inally presented and voted on by the Councilmen as aforesaid, but shalL meet as a separate body and vote on the same. 32 SECTION 88. NOTICE TO RECONSIDER— ONE ALDERMAN— TWO COUNCILMEN.— When any such vote or resolution is passed, any one Alderman or two Councilmen may give notice of a motion to reconsider, which motion in either case shall operate to delay the question until said consideration can be acted upon at the next regular meeting, the meeting of said Aldermen to be presided over by the Mayor pro tem, and the City Clerk shall keep the minutes as in meeting of the General Council. SECTION 89. JOINT BOARD ON ALL MATTERS BUT FRAN- CHISES, PUBLIC PROPERTY OR EXPENDITURES.— In all other matters they shall act as a joint Board. SECTION 90. YEAS AND NAYS— WHO CALL— HOW.— Each mem- ber of the General Council shall have the right to call for the yeas and nays and have the same recorded on the minutes in all cases, whether sitting in General Council or as separate bodies. SECTION 91. SESSIONS OF GENERAL COUNCIL.— The regular sessions of the Mayor and General Council shall be held on the first and third Monday in each month, and continue from day to day in their discretion. SECTION 92. GENERAL POWERS— GENERAL WELFARE— PEACE — ORDER — GOOD GOVERNMENT. — The said Mayor and General Council shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, workhouses, public houses, car- riages, wagons, carts, drays, pumps, wells, springs, fire-engines, care of the poor, suppression of disorderly houses, houses of ill-fame, for the pre- vention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof, and every other by-law, regulation, and ordinance, that may seem to them proper for the security of the peace, health, order, and good government of said city. SECTION 93. CEMETERIES— CONTIGUOUS— POLICE CONTROL.— The Mayor and General Council of said City shall have power to exercise reasonable supervision and police control over all cemeteries contiguous to the City, and used by the citizens for interment, whether located within the City limits or not, so as to allow no burial within the same without a permit from said City authorities. 33 SECTION 94. NO NEW CEMETERY WITHIN FOUR MILES— PEN- ALTY FOR VIOLATION. — No new cemetery shall be opened or used, which is within four (4) miles of the center of said City, and any person or persons, company or corporation, or agent of any such company or corporation, who shall open or use any such new cemetery within four (4) miles of the center of said City, shall be guilty of a misdemeanor, and on conviction thereof shall for each offense be fined not exceeding one thousand ($1,000.00) dollars, or imprisonment not exceeding twelve (12) months, one or both, in the discretion of the Court, and any attempt to open or use any such new cemetery within four (4) miles of said City, shall also be subject to be enjoined by the Superior Court under penalty. SECTION 95. FIRE ESCAPES— CHARACTER— MATERIAL— OWNER — LESSEE.— The Mayor and General Council of the City of Atlanta are hereby authorized and empowered whenever, in their judgment, the same is necessary for the safety and protection of human life, to require the owner, agent, lessee, or tenant in possession of any building in said City, to place thereon fire escapes of such character and material as may be by said Mayor and General Council deemed requisite. SECTION 96. FAILURE TO COMPLY— PENALTY— REGULATION. — After notice to place fire escapes on any building, and failure within the time specified to place the same, the owner, agent, lessee, or tenant in possession, who shall have been served with such notice, shall be subject to a fine or imprisonment, or both, as provided by the Charter of said City, and ordinance passed in j^ursuance thereof. Said Mayor and General Council shall have power to prescribe by ordinance for the regulation of the placing of fire escajies on buildings in said City requiring the same, as to notice, time within which to place the same after notice, and otherwise. SECTION 97. PENAL ORDINANCES— FIVE HUNDRED DOLLARS FINE— THIRTY DAYS IN PRISON— ALTERNATIVE SENTENCE.— The said Mayor and GeneraJ Council shall have ])ower and authority to pre- scribe, by ordinance, adequate penalties for all offenses against the ordi- nances of said City, and to ])unish offenders by fines, not exceeding five hundred dollars, and imprisonment in the calaboose, not exceeding thirty days, for each offense; to enforce the payment of fines by compelling 34 offenders and those who fail or refuse to pay said fines, to work on the streets or public works of said City. They shall have power to compel offenders, sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance. SECTION 98. TWO READINGS OF ORDINANCES AT DIFFERENT MEETINGS— TWO-THIRDS VOTE FOR PASSAGE AT THE SAME MEETING OF GENERAL COUNCIL. — All ordinances requiring action by the Mayor and General Council in joint session shall undergo one reading each at two different regular, or special, or called meetings, or at one regular and one called meeting, before adoption, except that by a two- thirds vote of the members present, an ordinance may be read twice at the same regular, called, or special meeting, and adopted. All ordinances requiring action by the Mayor and Council and Board of Aldermen sepa- rately, shall undergo one reading each, at two different regular, or special or called meetings of the Mayor and Council, or at one regular and one called meeting, before adoption, except that by a two-thirds vote of the members thereof present, an ordinance may be read twice at the same regular, called, or special meeting, and -adopted. SECTION 99. ORDINANCES— HOW READ IN BOARD OF ALDER- MEN. — An ordinance requiring separate action and concurrence by the Board of Aldermen shall undergo such reading only in said Board as said Board may by rule prescribe. SECTION 100. CONTRACTS WITH CITY BY MEMBERS OF COUN- CIL ILLEGAL— PENALTY.— It shall not be lawful for any member of the General Council to be interested, either directly or indirectly, in any contract with the City of Atlanta, the Mayor and General Council, or any one or more of them, having for its object the public improvement of the City, or any part thereof, or the expenditures of its moneys. Any violation of this Section by any member of the General Council, shall, on conviction thereof, be punished as prescribed in Section 4310 of the Code of this State (being Section 1039 of Criminal Code of 1895). SECTION 101. OFFICE HELD UNTIL SUCCESSOR QUALIFIED.— Each member of the General Council shall, in all cases, hold his office until his successor is elected and qualified. 35 SECTION 102. VACANCIES IN BOAEDS OF ALDERMEN AND COUNCILMEN— HOW FILLED— NOTICE— ELECTION.— In case a vacancy shall occur, either in the Board of Aldermen or in the Board of Councilmen, by death, resignation, removal, or otherwise, the Mayor, or, in case his seat is vacated, the May pro tern, or a majority of the General Council, shall order a new election by giving at least ten days ' notice in one or more of the City papers, or at two or more of the most public places in said City; and said election, so held, shall be managed in the same manner as the election to be held in chief, according to the provisions of this Charter on the subject of elections. CHAPTER VIL ELECTIONS. SECTION 103. ELECTIONS BY MAYOR AND GENERAL COUNCIL — AVHEN HELD. — All persons holding office under elections or appointment by the Mayor and General Council shall be elected or appointed at the first meeting in Juh^ biennially. (Changed as to several offices). SECTION 104. REMOVAL.- All such officers are subject to removal for cause, as herein provided. ^ SECTION 105. ELECTION COMMISSIONERS— WHEN APPOINT- ED. — At the first meeting of the Mayor and Council in the month of July, 1874, they shall appoint, and every two years thereafter the said Mayor and Council shall appoint three Commissioners for each Ward, free- holders residing therein, to hold the elections in said Ward; and in case of vacancy from removal or otherwise, the Mayor and Council, or Mayor and General Council, as the case may be^ shall supply the same. The Mayor and General Council, in their discretion, authorized to increase the Board of Election Managers from and for the several W^ards from the present number of three to any additional number desired. SECTION 106. TERM OF OFFICE— AUTHORITY OF.— The said Com- missioners shall hold all City elections in their respective Wards. They shall be judges of the qualifications of voters, shall have such clerks as they deem necessary to hold elections, to be selected by them for each 36 Ward, and such Commissioners sjhall serve for such reasonable compensation as shall be prescribed by the Mayor and General Council. These Com- missioners shall hold their office for two years, unless removed for cause, as aforesaid. SECTION 107. CLERKS FOR ELECTIONS TO GET COMPENSA- TION. — The clerks shall have such compensation as may be allowed by the Mayor and Council, or Mayor and General Council, as the case may be. SECTION 108. VACANCIES -IN BOARD OF ELECTION COMMIS- SIONERS—HOW FILLED.— All vacancies in said Board of Election Com- missioners shall be filled by the said Mayor and Council, or Mayor and General Council. SECTION 109. ELECTIONS— HOW CONDUCTED— FREEHOLDERS —ONE OR MORE COMMISSIONERS PRESENT.— If by 10:00 o'clock A. M. on the day of election, a majority of said Commissioners fail to attend at any voting place, and proceed to hold the election as herein provided, any three freeholders of the Ward may hold and conduct the same: Provided, nevertheless, that nothing herein contained shall be con- strued to hinder or prevent any one or more of said Commissioners from acting as manager or managers, should they be present at the voting placb, supplying the number of managers required by this Charter from any of the freeholders of the Ward. SECTION 110. OATH OF COMMISSIONERS.— The election Commis- sioners provided for in the preceding Section, or freeholders acting in their stead as above, shall take the oath, and conduct the elections, and make returns to the Mayor and Council, if prior to January 1, 1875, or if thereafter, to the Mayor and General Council, in the manner prescribed by law for the election of members of the General Assembly. SECTION 111. RETURNS— RESULT DECLARED.— The Mayor and Council, or the Mayor and General Council, shall consider the returns and declare the results. SECTION 112. CONTESTS— HOW TRIED.— All cases of contested elections shall be tried by the Mayor and Council, or the Mayor and General Council. 37 SECTION 113. TWO OR MOEE VOTING PLACES IN EACH WARD. — The Mayor and General Council of said City are hereby authorized and empowered in their discretion to establish two. or more voting places in each W^ard of said City. SECTION 114. VOTERS— QUALIFICATIONS— VOTING PLACE.— No person shall vote either for Maj^or or Aldermen or Councilmen, or at any other Ci-ty election, elsewhere than in the Ward in which he resides,. and the other qualifications of voters shall remain as now fixed by law. SECTION 115. VOTING MORE THAN ONCE— PENALTY.— Any per- son voting, or attempting to vote, more than- once, at any City election, provided for by this Act, or by other law, and every person voting, or attempting to vote, in violation of this Act, or other law providing for the City election, shall be guilty of misdemeanor, and upon indictment or accusation and conviction, shall be punished, as provided for in Section 1039 of the Criminal Code of Georgia, 1895. SECTION 116. ClTY ATTORNEY— CITY ENGINEER— COMMIS- SIONER OF PUBLIC WORKS- TAX COLLECTOR— SEXTON— TREAS- URER— ELECTION OF— WHEN HELD.— The City Attorney, City Engi- neer, Commissioner of Public Works, Tax Collector, and Sexton, and Treasurer, of the City of Atlanta, shall be elected by the qualified voters of said City; Provided, this Act shall not interfere with the power of the Mayor and General Council, given by existing laws, to abolish the office of Marshal, or to consolidate the office of Marshal and Tax Collector, in their discretion, nor with the jjower given by existing law to consolidate any of the other offices provided for by the Charter of said City with the office of Comptroller. The first election of said officers under this Act shall occur on the first Wednesday in December, 1894, at the time of the election of the Mayor, Aldermen and Councilmen, and shall be for a term beginning on the first Monday in July, 1895, and ending on the first Monday in January, 1897; and all subsequent elections of such officers shall be held with the election for Mayor, Aldermen and Councilmen, or for Aldermen and Councilmen occuring next before the end of the term , of office of any of said officers, and shall be for a term of two years beginning on the first Mondaj^ in January following such elections; Provided, the Mayor and General Council of said City may elect a Commissioner 38 of Public Works at the first meeting in Jauuary, 1894, who shall hold office until the first meeting in January, 1895, unless sooner removed for cause; and the Commissioner of Public Works to be elected by the people under authority of this Act, shall hold office for a term of two years, beginning on the first Monday in January, 1895, unless removed for cause, as aforesaid. SECTION 117. VACANCIES IN THESE OFFICES— HOW FILLED.— The Mayor and General Council of the City of Atlanta shall have power and authority to fill by election any and all vacancies occurring in the ministerial offices of said City, required to be elected in the first instance by the qualified voters of said City. SECTION 118. REMOVAL FROM OFFICE.— The officers of the City, whether elected by the people or otherwise, shall be subject to removal from office by the Mayor and General Council for cause, according to the provisions of the Charter now in force. SECTION 119. REGISTRATIONS— TAX COLLECTOR OF FULTON COUNTY CITY REGISTRAR.— The Mayor and General Council of said City shall have full power and authority to provide for the registration of voters prior to any municipal election in said City; to make all needful rules and regulations for the same, and require that no person be per- mitted to vote unless registered; to constitute and appoint the Tax Collector of Fulton County to the office of Registrar of said City; to fix his compensation as such registrar, and, when so appointed, to require him to j)erform the duties of said office. CHAPTER VIII. TAXATION. SECTION 120. TAX AD VALOREM.— For the purpose of raising revenue for the suj)port and maintenance of said City Government, the said Mayor and General Council shall have full power and authority, and they shall provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the incor- porate limits of said City, not exceeding one and one-fourth per cent. thereon, which shall include the school tax, which, under the laws of this State, is subject to taxation; Provided, nevertheless, that all assessments of real property shall be made at the cash market valuation. SECTION 121. STEEET TAX IN LIEU OF ROAD DUTY.— All per- sons liable to perform road duty by the laws of the State shall be liable and subject to work on the streets of said City under the direction and control of the proper officers of said City; Provided, that the Mayor and General Council of said City shall have power to levy a street tax in lieu thereof. SECTION 122. DEFAULTERS— PENALTY.— All persons, who shall refuse to pay said tax on or before such day as said Mayor and General Council, by ordinance, may require, shall be required, upon three days' notice, to do and perform street work, as aforesaid, and upon failure thereof, such defaulter shall be liable to be dealt with by the Mayor and General Council as for violations of other ordinances of said City, or may be compelled to work on the public works of said City. SECTION 123. MAY LEVY EXTRAORDINARY TAX NOT EXCEED- ING ONE-HALF OF ONE PER CENT— WHEN COLLECTED.— In addition to the ordinary tax herein allowed, the Mayor and Couneilmen and Aldermen may, in case of emergency, to be judged of by them, levy an extraordinary tax, not exceeding one-half of one per cent, (on the taxable property of said City), the said extraordinary tax to be added to the ordinary tax, and collected at the same time, and used for the same purpose. SECTION 124. REGISTRATION TAX ON BUSINESS AND AVOCA- TION— LIMIT THREE HUNDRED DOLLARS— LIMIT FIFTY DOLLARS WHERE AN AD VALOREM TAX ON MERCHANDISE IS PAID.— The Mayor and General Council shall have full power and authority to require any person, firm, or corporation or company, engaged in, prosecuting, or carrying on, or who may engage in, prosecute, or carry on any trade, business, calling, avocation or profession, to register their names and business calling, avocation, or profession annually, and to require such person, company, or association, to pay for such registration and for license to engage in, prosecute, or carry on such business, calling or profession aforesaid, such fee, charge, or tax, as said Mayor and General 40 •Council may deem expedient for the safety, benefit, convenience, and -advantage of said City, said tax, registration fee, or license herein pro- vided for shall not exceed the sum of three hundred dollars. • SECTION 125. PROVISION ABOVE, EXCEPTIONS TO.— The pro- visions of this Act in no wise interfere with or repeal Sections 27, 28, 29, 30, and 31 of an Act to establish a new Charter for the City of Atlanta, approved February 28, 1874, which said named Sections refer to and authorize said City to levy and collect tax on the retail of ardent spirits, theatrical companies or performances, or other exhibitions, billiard tables, ten-pin alleys, nijie-pin alleys, or alleys of any kind, etc., brokerage business, pawn-brokers, and itinerant traders. SECTION 126. CLASSIFICATION OF BUSINESS FOR TAXATION. — Said Mayor and General Council are hereby given authority to classify business, and arrange the various business, trades, and professions carried on in said City, into such classes of subjects for taxation as may be just and proper: Provided, that nothing herein contained shall be construed to authorize the levy of a tax upon any profession not taxable under the general tax act. SECTION 127. MAY TAX BUSINESS OF SELLING WATCHES, CLOCKS, OR JEWELRY AT AUCTION $1,000, WITH PROVISOS.— The Mayor and General Council of the City of Atlanta shall have authority in their discretion to require the payment of a registration tax of not exceed- ing one thousand ($1,000.00) Dollars per annum on the business of selling watches, clocks, or jewelry at auction in said City; Provided, that, when the registration tax on svich business shall exceed two hundred dollars ($200.00) per annum, no ad valorem tax shall be charged to the dealer paying such registration tax on the stock carried by him; Provided^ further, that when such dealer is relieved from the payment of ad valorem tax on his stock, the registration tax shall not in any case be less tlijin the ad valorem tax on the assessed value of his stock would amounr to. SECTION 128. LICENSE FEE OR TAX ON INSURANCE AGENTS- ONE PER CENT. ON PREMIUMS.— The Mayor and General Council of said City are hereby empowered to charge a license fee or tax upon all insurance agents, including all companies for whom they do business, of one per cent, on all premiums received by or sent through the office in said City. 41 SECTION 129. MAY TAX ITINERANT TRADERS.— The said Mayor and General Council shall have the power to levy and collect from itinerant traders, who may, directly or indirectly, by themselves or others, sell any goods, wares, or merchandise in said City, such tax as to them may seem proper. SECTION 130. TAX ON BROKERAGE BUSINESS— LIMIT THREE HUNDRED DOLLARS.— The said Mayor and General Council shall have full power and authority to assess a tax on such persons carrying on the brokerage business in said City, of not more than three hundred dollars per annum, in addition to all other tax they may be required to pay. SECTION 131. MAY LICENSE PAWN-BROKERS— IMPOSE TAXES —REVOKE LICENSES— EXERCISE SUPERINTENDENCE.— They shall have power to license pawn-brokers within their respective jurisdiction, define by ordinance their powers and privileges, to impose taxes upon them, to revoke their licenses and generally to exercise such superintendence over pawn-brokers as will insure fair dealing between them and their customers. SECTION 132. MAY LICENSE THEATRICAL COMPANIES— SHOWS —EXHIBITIONS— LIMIT OF LICENSE FIVE HUNDRED DOLLARS.— The said Mayor and General Council shall have power to pass such ordi- nances as they may think proper in regard to granting license to theatrical companies or performances, or for shows, or for other exhibitions; Provided,, the price to be paid for such license when granted shall not exccc'i Jiv- hundred dollars for each performance or exhibition. SECTION 133. MAY LICENSE SALE OF LAGER BEER— LIMIT RETAIL AND WHOLESALE. — The said Mayor and Genera] Council shall have full power and authority to prohibit the selling of lager beer, or other fermented drinks, without the obtaining of a license for that purpose; Provided, the owner or keeper of each house or saloon kept for that purpose at retail shall be required to pay the sum of four hundred dollars for license for one year, and at wholesale shall be required to pay the sum of five hundred dollars for license per annum. SECTION 134. MAY LICENSE BILLIARD TABLES— TEN-PIN AL- LEYS—LIMIT OF LICENSE FIFTY DOLLARS PER TABLE OR ALLEY. — They shall have full power and authority to license billiard tables and 42 ten-pin alleys, and all billiard tables kept or used for the purpose of playing, gaming, or renting, and all ten-pin alleys, nine-pin alleys, or alleys, of any kind, which are kept or used for the purpose of playing on with pins or balls, or either, for the purpose of renting the same, and charge for said license a sum not exceeding fifty dollars on each table, alley, or track. SECTION 135. MAY LICENSE EETAIL OR ARDENT SPIRITS-^ LIMIT OF LICENSE TWO THOUSAND DOLLARS.— The said Mayor and General Council shall have power and authority to regulate the retail of ardent spirits within the corporate limits of said City, and at their dis^ cretion to issue license to retail or to withhold the same, at the fixed price of two thousand dollars. SECTION 1.36. SELLING WITHOUT LICENSE— PENALTY.— They shall have power and authority to pass and enforce ordinances providino for the punishment of persons selling spirituous, malt, or other intaxicating liquors at wholesale or retail within the corporate limits of said City without having obtained licenses from said Mayor and General Council, or for selling such liquors after the expiration or revocation of such licenses. SECTION 137. MAY REGULATE WHOLESALE OF ARDENT SPIR- ITS. — The Mayor and General Council of said City shall have the powei and authority to regulate the sales of liquors at wholesale in said City, and the price to sell liquors at wholesale in said City is hereby fixed at the sum of one thousand dollars. SECTION 138. SANITARY TAX— LIMIT THREE DOLLARS PER LOT PER ANNUM.— The Mayor and General Council of said City are hereby authorized to make an assessment of the various lots of land and lot owners in said City for sanitary purposes, not to exceed three dollars per annum on each lot assessed, and said Mayor and General Council are hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The executions shall be issued and enforced in the same manner that tax executions are issued and enforced in said City. The amount so collected shall be used for sanitary purposes only. ^ 43 SECTION 139. WHAT CONSTITUTES A LOT FOR SANITARY TAX ASSESSMENT. — Said Mayor and General Council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment, provided no lot shall be less than twenty-five feet front; Provided, that this assessment shall not be made on vacant lots, and resident lots shall not be subdivided for assessment except where the resident lots have two or more houses used or intended for use as separate tenements built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon. SECTION 140. TAXES— WHEN DUE— HOW COLLECTED— THREE INSTALLMENTS— EXECUTIONS— DISCOUNTS ALLLOWED— INTER- EST. — The taxes due the City of Atlanta on the real estate and personal property of all kinds taxable under the laws of C4eorgia, and the Charter of said City, shall be due and payable in three installments of equal amounts of one-third each, the first installment falling due on April loth, the second on July 1st, and the third on October loth of each year, and on these dates one-third of the taxes assessed under the existing provisions of said Charter shall be due and payable and on failure to pay said several installments when due, same shall bear interest at the rate of seven per cent (7 per cent.) per annum, and if same are not paid on or before the loth of October of each year execution shall issue therefor and shall be collected as now provided. A discount of one and one-half per cent. (11/^ per cent.) will be allowed upon the total of annual taxes if paid on the date when the first installment is due, as herein provided. A dis- count of one and one-half per cent, (l^/j per cent.) will be allowed upon the last installment of one-third of the annual taxes if same is paid on or before the time fixed for the payment of the second installment, as herein provided. SECTION 141. STREET TAX— WHEN DUE— IF UNPAID, HOW ENFORCED. — The commutation tax in lieu of road or street duty provided for in said Charter shall fall due with the second installment of property- taxes in each year, and in case of failure to pay such commutation tax, -execution may issue and be enforced as from the 16th day of June in each year, and parties, who have not paid said commutation tax. and who are liable to road duty, may be compelled to work the streets in the manner 44 provided for by the Charter and ordinances of the City of Atlanta at any time after the first day of July in each year. SECTION 142. NO SPECIAL TAX FOR PUBLIC SCHOOLS— HOW MAINTAINED. — No special tax shall be levied and collected for school purposes in said City, but the expense of carrying on said system of jsublic schools shall be paid out of the City Treasury under such rules as may be prescribed by ordinance. SECTION 143. MAY COVER LICENSE FEES INTO TREASURY.— The Mayor and General Council are further authorized in their discretion to prescribe and collect fees for the issuing of business licenses or execu- tions, either or both, and for the collection of executions, and to provide- for the covering of all such fees so prescribed and collected into the- Treasury of said City as the property of the City of Atlanta. CHAPTER IX. CITY ASSESSORS AND RECEIVERS. SECTION 144. CITY TAX ASSESSORS— THEIR ELECTION.— The Mayor and General Council shall have full power and authority to elect at the same time the other City officers are elected, three persons, freeholders, residents of said City, as City Tax Assessors and Receivers, vpho shall hold their office as prescribed in the 20th Section of this Act (IST-J), unless, removed by the Mayor and General Council for cause, to be judged of by them. SECTION 145. DUTIES OF THE ABOVE OFFICERS.— It shall be the duty of said Assessors to assess the value of all real estate at the cash market valuation, within the corporate limits of said City, and to make a return to the said Mayor and General Council, as provided by Section 35 of the Act of 1874, and the Tax Assessors and Receivers of said City shall enter the same in their books with other taxes, and the same shall be col- lected as other taxes of said City. SECTION 146. OATH OF OFFICE. — The said Assessors and Receivers,. before they enter on the discharge of their duties, shall take and subscribe an oath before the Mayor faithfully and truly to assess all the real estate 45 within the corporate limits of said City, and to return such assessment to the Mayor and General Council thereof, with the names of the owners thereof. CHAPTER X.. COLLECTION OF TAXES. SECTION 147. TAX COLLECTOR— WHEN AND HOW ELECTED.— There shall be elected by the people at the same time the other City officers are elected a Tax Collector for said City, who shall be eleted and hold his office, as prescribed in the 20th Section of the Act of 1874, unless removed for cause, to be judged of by the Mayor and General Council. SECTION 148. OFFICE DISTINCT FROM ASSESSORS AND RE- CEIVERS.— The office of Tax Collector of said City shall be separate and distinct from that of Tax Assessors and Receivers. SECTION 149. DUTIES OF FTAX COLLECTOR.— The Tax Collector shall collect the tax of said City under such rules and regulations as may be prescribed by ordinance, and shall perform such other duties, in connec- tion therewith or incident thereto, as may be prescribed by ordinance, not in conflict with this Act and the Charter of said City. SECTION 150. ANY OTHER OFFICER MAY BE REQUIRED TO PERFORM DUTIES AS PRESCRIBED BY ORDINANCE.— To carry out the purposes of this Act (1889), said City may by ordinance require of any officer of said City the performance of any duty deemed necessary or proper thereto. SECTION 151. TAX COLLECTOR SHALL GIVE BOND.— The Tax Col- lector shall give bond and good security, to be fixed and judged by the said Mayor and General Council, payable to the City of Atlanta, for the faithful discharge of his duties. SECTION 152. COMPENSATION OF TAX COLLECTOR.— He shall receive for his services such compensation as the Mayor and General Coun- cil next preceding his election shall prescribe, which shall not be increased or diminished during his continuance in office. (Vacancy filled by Council as in case of other offices). 46 SECTION 153. OATH OF OFFICE.— Before entering upon the dis- 'charge of his duties he shall take and subscribe an oath before sonae officer authorized to administer it, to faithfully discharge the duties of his office. His duties shall be prescribed by ordinance. SECTION 154. FAILURE OF TAX-PAYERS TO RETURN— PEN- ALTY. — In all cases of failure to return property, real, personal, or other- wise, for taxation by the loth of March of each year, a penalty of ten per cent, shall be added to the value of the property of such defaulting owners, for taxation, ascertained by the return of the previous year or otherwise; and by failure to return by the 15th day of March of each year, for street, railway, or capitation tax, the penalty shall be double tax. SRCTION 155. MAYOR AND GENERAL COUNCIL MAY RELIEVE :rROM PENALTY. — The Mayor and General Council shall have power to relieve against the penalty for failure to return within the time provided, where the failure and omission are due to unavoidable or sufficient cause. SECTION 156. NOTICE OF CLOSING TAX BOOKS PUBLISHED— INSERTIONS— HOW MANY.— Notice of the time of closing the books for receiving returns shall be published in any one or more of the daily papers of said City, for at least four insertions, between the 1st and 15th of March of each j^'ear, and oftener, if deemed necessary by the Mayor and General Council. (Act of 1896 changes time of closing books for tax returns to March 15). f SECTION 157. CITY TAX DEEDS ADMITTED IN EVIDENCE LIKE STATE TAX DEEDS.— Deeds made by the City of Atlanta, or its Mayor, or its Marshal, pursuant to tax sale or sales under executions Issued for the collection of local assessments, shall be admissible in evidence on the same terms as deeds made pursuant to sales for taxes due the State and County; Provided, that it shall be competent for parties denying the validity of such tax deeds or assessment deeds to put in evidence the proceedings prelim- inary to the execution of such deeds. The purpose of this Act (1898) is to give City tax deeds and City assessment deeds the same prima facie force and validity, which is accorded to tax deeds made by officers of the State ;and County. 47 CHAPTER XI. CITY MARSHAL. SECTION 158. MARSHAL— HOW ELECTED— WHEN.— There shall be- elected by the Mayor and General Council at the same time the Clerk is elected, a Marshal, who shall be elected and hold his office as provided in the 20th Section of this Act (1874) on the subject of elections by the Mayor and General Council, unless removed for cause, to be judged of by the Mayor and General Council. • SECTION 159. MARSHAL ENTIRELY DISTINCT FROM POLICE: FORCE. — He shall be separate and distinct from the police force of the City. SECTION 160. DUTIES OF MARSHAL.— It shall be his duty to col- lect or levy fi fas for taxes and fi fas for fines, and advertise and sell property so levied on, and make titles to purchasers, and put them in pos- session of the property so sold at sales, under laws governing the said Mayor and General Council, under the same rules and regulations, that govern the Sheriff and his deputies at Sheriff's sales. SECTION 161. HE SHALL GIVE BOND.— He shall give bond to said City, with good security, for the faithful discharge of his duties. . SECTION 162. COMPENSATION.— He shall have such compensation and perquisites as the General Council shall prescribe, which compensation shall not be changed during his term of office. SECTION 163. MAY FIX A SALARY WITHOUT PERQUISITES.— The Mayor and General Council of the City of Atlanta shall have the power and authority, in their discretion, to fix a salary for the Marshal and Clerk of Council of said City (for either or both) instead of perquisites, and to cover into the City Treasury of said City any and all fees and perquisites, which may by law or ordinance be required to be paid into the offices of Clerk of Council and Marshal of said City, or either of said offices, for issuing licenses, permits, executions, making levies or for any other pur- pose whatever. SECTION 164. MAYOR AND COUNCIL MAY, HOWEVER, FIX COM- PENSATION BY PART SALARY AND PART PERQUISITES.— The com- pensation of said Marshal and Clerk of Council, or either of them, may be- 48 fixed in part by salary and in part by such a pro rata of the fees and per- quisites received in such offices, or either of them, as may be provided by said Mayor and General Council, and the remainder of such fees and per- quisites shall be covered into the Treasury of said City; Provided, that noth- ing in this Act contained shall prevent the Mayor and General Council of said City from fixing the compensation of the Marshal and Clerk of Council of said City, or either of them, should they, in their discretion, deem it to the best interest of said City so to fix the same. « SECTION 165. OTHER SERVICES BY MARSHAL.— He shall do and perform such other services as the Mayor and General Council shall pre- scribe by ordinance. SECTION 166. OFFICE OF MARSHAL MAY BE CONTINUED OR ABOLISHED. — The said Mayor and General Council are also hereby empow- ered, after the termination of the present term of office of the Marshal of said City, to either continue the said office of Marshal, or to abolish the same in the discretion of said Mayor and General Council. SECTION 167. IF ABOLISHED, WHO ACTS.— In the event of its abolishment, (the said Mayor and General Council are also empowered) to confer upon the Tax Collector of said City the powers and duties of such Marshal with reference to the collection of executions, whether for license tax, general tax, or assessments for street, sidewalk, sewer, or other pnb!i<^ improvements. • SECTION 168. SHALL ACT AS CITY INSPECTOR— HOW.— It shall be the duty of the Marshal to (also) act as City Inspector, under such rules and regulations as the Mayor and General Council shall prescribe, who shall be empowered to enforce the State laws on the subject of weights and meas- ures, and such other rules and requirements as are not in conflict with the laws of this State. SECTION 169. WARRANTS, EXECUTIONS, ETC., BY CLERK- DIRECTED TO MARSHAL. — All warrants, summonses, precepts, execu- tions, or other processes issued by the Clerk of the City Council of Atlanta shall be directed to the Marshal of the City of Atlanta. SECTION 170.— MARSHAL AUTHORIZED TO TRANSFER FI FAS.— The Marshal, or collecting officer of said City, as the case may be, shall be authorized to transfer and assign any fi fa or fi fas issued for street, sewer, 49 or other assessments, in the same manner, upon the same terms, and to the same effect, and vesting the i)urchaser or transferee with the same rights as in cases of sales or transfer to tax fi fas, as now allowed by law. SECTION 171. OATH OF FOFriCE— HOW ADMINISTERED.— Before entering upon the discharge of the duties of his office, he shall take and subscribe an oath before some officer authorized to administer it, to faith- fully discharge the duties of his office. CHAPTER XII. CITY TREASURER— AUDITOR. SECTION 172. TREASURER— HOW ELECTED— WHEN.— There shall \ye elected by the people a City Treasurer, who shall be elected and hold his office as prescribed in the 20th Section of this Act (1874) unless removed for cause, to be judged of by the Mayor and General Council. (People elect Treasurer under Act of 1893.) SECTION 173. DUTIES OF TREASURER.— He shall keep a book, in which he shall make an entry of all sums of money received, and shall also make an entry of all sums of money paid out, and shall take receipts of all sums paid out, which book and receipts shall be subject to the inspection of the Mayor and members of the General Council of said City at such times as they, or either of them, shall think proper. SECTION 174. HE SHALL GIVE BOND.— He shall give a bond and security in the amount to be fixed by the Mayor and General Council for faithful discharge of the duties of his ofiiee. SECTION 175. COMPENSATION.— (He shall) have a reasonable salary to be fixed by the Mayor and General Council the year next preceding his election, which shall not be increased or diminished during his continuance in office. SECTION 176. OATH OF OFFICE— HOW ADMIN^STERED.— He shall take and subscribe an oath before some officer authorized to administer it, faithfully to discharge the duties of his office. (Vacancy in office filled by Council.— Act 1898). 50 SECTION 177. LIABILITY OF SURETIES ON TREASURER'S IBOND. — The liability of any surety or sureties on the bonds of the Treasurer of the City of Atlanta shall be the same as that of the sureties on the bond ■of the Treasurer of the State of Georgia, to-wit : That the property of any such surety on the bond of such City Treasurer shall be subject to a lien in favor of the City of Atlanta for the full amount of such Treasurer 's bond from the date of the execution thereof. SECTION 178. TREASURER'S BOND— MINIMUM AMOUNT- POWER TO INCREASE.— The bond of the Treasurer shall be fixed by the General Council at such amount as in their judgment may be sufficient, in no event to be less than one hundred thousand ($100,000.00) dollars. The Gen- eral Council shall also have power to increase the bond whenever they may deem it necessary to protect the interest of the City. SECTION 179. REGULATION OF DEPOSIT OF CITY'S MONEYS- DEPOSITORIES— HOW DESIGNATED.— The deposits of moneys in the hands of the Treasurer of the City of Atlanta, belonging to the City of Atlanta, shall be regulated as follows: Whenever the money of the City of Atlanta in the hands of the City Treasurer shall exceed the sum of five thou- sand ($5,000.00) dollars, such money shall be deposited in four (4) chartered banks of deposit and discount of said City in as nearly equal proportions as may be practicable. The depositories shall be designated by the Mayor and General Council, and in making the designation regard shall be had to the rate of interest on balances of deposits offered by the various banks, and to the amount and kind of security tendered by said banks, with the purpose on the part of the Mayor and General Council to get the best rate of interest and the best security for the money deposited SECTION 180. TREASURER AND SURETIES NOT LIABLE— WHEN. — The Treasurer and his sureties shall not be liable on his bond for any of such moneys while on deposit as aforesaid, but he and his sureties shall be liable on his bond for any moneys belonging to the City of Atlanta not so deposited under direction of the Mayor and General Council. SECTION 181. DEPOSITED MONEYS— HOW DRAWN.— Moneys on deposit as aforesaid shall be at all times subject to be drawn out on warrant regularly issued by the Mayor and General Council, signed by the Comptroller, to pay the debts or current expenses of the City, and shall likewise be sub- 51 ject to be withdrawn from the Bank where deposited in the discretion of the Mayor and General Council at a regular or special meeting. SECTION 182. TEEASUEEE CAN WITHDEAW FUNDS ONLY ON WAEEANTS. — The Treasurer of said City shall have no power on his own motion to withdraw any of the funds so deposited, but can only do so upon warrants regularly issued and countersigned as aforesaid. SECTION 183. FUBTHEE CONDITIONS— EEGULATION OF DE- POSITS, ETC. — In case none of the banks of the city make reasonable offers of interest and security, as aforesaid, or a .smaller number of the banks than four (4) make such offers, then the whole subject of the regulation of the deposits of the moneys belonging to the City shall be left to the sound dis- cretion of the Mayor and General Council in oflSice for -the time being. The Mayor and General Council of the City of Atlanta shall have full power to provide by necessary ordinances for the regulation and control of the deposits of funds belonging to said City in accordance with the spirit and intent of this Act. SECTION 184. SHALL MAKE ANNUAL STATEMENT AND ESTI- MATE FOE ENSUING YEAE.— The Treasurer of the City, at the close of each fiscal year, shall make a full tabular statement of the assets and re- sources of the City, with an itemized estimate of the probable and necessary expense for the ensuing year, which shall be published. SECTION 185. AUDITOE— (This office has been vacant since the crea- tion of the office of Comptroller)— HOW ELECTED— WHEN. The Mayor and General Council may, at their discretion, at the same time the other City Oificers are elected, elect an Auditor, who shall hold his office as provided in the 20th Section of this Act (1874), unless removed for cause, to be judged of by the Mayor and General Council. SECTION 186. DUTIES OF AUDITOE.— He shall examine quarterly the books, papers, and accounts of all the City Officers, through whose hands money may pass, and to make a written report to the Mayor and General Council as to the correctness of saicl accounts. SECTION 187. GENEEAL COUNCIL NOT BELIEVED OF EXAMIN- ING ACCOUNTS BY ELECTION OF AN AUDITOE.— The election of an auditor, with the duties above set forth, shall not relieve the members of the 52 General Council of the responsibility of examining into all accounts for and against the City, and into the reports of the City officers. SECTION 188. COMPENSATION.— He shall receive such salary as may be voted him by the General Council next preceding his election, which shall not be increased or diminished during the term, for which he was elected. SECTION 189. AUDITOR MAY BE REMOVED— CAUSE.— The Audi- tor may be removed at any time for malpractice in office, or for incompe- tency. CHAPTER XIII. FINANCE. SECTION 190. FINANCIAL CONDITION— HOW ASCERTAINED— WHEN.— For the purpose of enabling Councilmen and Aldermen to know at all times the true financial condition of the City, the Comptroller shall prepare, and the Clerk of Council shall read and enter upon the minutes, at the opening of each regular session, a balance sheet, showing the gross revenue of the fiscal year, and expenses voted by Council up to that time, as also the amount of the said several sums estimated as aforesaid, and what part of the same has been up to that time appropriated, and what part remains unappropriated. SECTION 191. RECEIPTS AND EXPENDITURES SHOWN IN DE- TAIL BY COMPTROLLER'S BOOKS.— The books kept by the Comptroller of the City of Atlanta shall be kept in such manner as to show in detail the receipts and expenditures of each Department of the City Government. SECTION 192. ASSESSMENT OF CITY PROPERTY.— The said Mayor and General Council shall make or cause to be made an early assessment on City property, which assessment shall, in all cases, be made at the cash market valuation of the same, so that the return of the assessors can be completed and handed in by the first day of February of each year, and to open books to receive returns for taxation on the first day of February each year, and to close their books for receiving returns on the fifteenth day of March in each year. 53 SECTION 193. ESTIMATE OF INCOME AFTER ASSESSORS' RE-. TURN— WHEN MADE— HOW.— Upon the return of the assessors being handed in, as above provided, the said Mayor and General Council, at the first regular meeting in June thereafter (1899), shall cause an estimate to be made up and entered on the minutes, showing the gross amount of the income of the City for the fiscal year, ascertained by assessment of a tax not exceeding one and one-fourth per cent, on the taxable property of the City, and a reason- able estimate of the other taxes and sources of revenue. SECTION 194. APPROPRIATION OF REVENUE.— And shall appor- tion and set apart the same to such departments and to such number of de- partments or heads as may be deemed requisite and as shall be provided by ordinance, and the name, number, and order of departments or heads for appropriations may be changed by ordinance; which several sums taken in the aggregate shall not exceed the amount of income from all sources for the year in question. SECTION 195. APPROPRIATIONS MAY BE VARIED— WHEN.— The annual appropriations, as made by the Council, may be varied as to the amount distributed to the several heads at the first meeting held in October; these variations not to retroact on expired quarters, and not to enlarge in any manner the aggregate appropriations for the year. SECTION 196. APPROPRIATIONS— HOW MADE.— No money shall be appropriated from the City Treasury, except by resolution of the Council and Aldermen, as herein provided, vphich shall be void, unless it specifies upon its face upon which of said funds it is drawn. SECTION 197. EXCEEDING LIMIT 01' APPROPRIATION— PEN- ALTY. — The said Mayor and members of Council and Aldermen shall be in- dividually liable to the City for the refunding of any amounts appropriated or expenses incurred in excess of said limits, when present at the voting of the same — except such of them as escape such liability by calling the yeas and nays, and voting in the negative, and name entered on the minutes. SECTION 198. PENALTY— HOW ENFORCED.— The amount thereof will be recovered in an action brought in any of the Courts of this State hav- ing jurisdiction thereof, in the name of the Clerk of the Council, for the use of the City. 54 SECTION 199. CLERK'S COMPENSATION FOR BRINGING SUIT.— Ten per cent, of the recovery shall be his (the Clerk's) compensation. SECTION 200. FAILURE OF CLERK TO BRING SUIT— PENALTY. — If he fail to bring said action within ten days, the said sums may be re- covered of him and his bondsmen, at the suit of any citizen. SECTION 201. NO SETTLEMENT WITHOUT JUDGE'S CONSENT, WITH ENTRY ON MINUTES.— No action brought under this Section, or right of action, shall be settled without the consent of the Judge before whom such suit is pending, upon exhibit of aU the facts, and such consent entered on the minutes. SECTION 202. ANNUAL EXPENSE RESTRICTED TO INCOME.— The annual expense of the City of Atlanta shall be so restricted as not to exceed the annual income of the City, after paying interest on its bonds and floating debt, and one-half of the tax on real estate be first set aside for the payment of this floating debt, until all is paid. (Latter clause obsolete, be- cause debt has been funded.) SECTION 203. CAN 'T BORROW, EXCEPT AS HEREIN ALLOWED.— No Council or General Council shall be allowed to borrow any money, except as may be necessary to meet the present floating debt, or in carrying tempor- ary balances on same, and every contract for borrowed money other than herein allowed, shall be void. The Mayor and Council, or Mayor and General Council, shall have full power and authority, in their discretion, to negotiate loans on the most advantageous terms to the City, for the first and second quarter, to supply and make up any deficiency that may exist, of the funds in the Treasury, for the purpose of paying the expenses of the City, which may be incurred under the several heads hereinafter mentioned, in any amount not exceeding $400,000, and not exceeding the amounts set apart under each head for the year in question. SECTION 204. LOANS TO BE RETURNED— WHEN— IN TOTAL OR PARTIAL PAYMENTS— ALL TO BE PAID OUT OF THE SAME YEAR'S INCOME. — As soon as an amount equal to the amount so borrowed is paid into the Treasury by taxation, or from other sources of revenue, not already applied to other debts or liabilities of said City, the said Mayor and Council, or Mayor and General Council, shall at once apply the same, or as much as may be necessary, to the repayment of said loans, or said Mayor and Council, 55 or Mayor and General Council, shall be authorized in their discretion to make partial payments upon said loans with any moneys that may come into the Treasury from time to time, under the restrictions herein provided. In either case the total amount of said loans shall be repaid out of the income of the year, in which said loans were made. SECTION 205. TEMPORARY LOANS— LIMIT OF— HOW TO BE RE- PAID.— The Mayor and General Council of Atlanta shaU have power and authority to borrow money by making temporary loans of not exceeding four hundred thousand dollars in any one year, the sum or sums so borrowed to be repaid out of the income of the City for the year, in which the loan or loans were made, and before the expiration of the year, in which the same was borrowed, this authority to be in lieu of authority heretofore granted to borrow smaller sums. SECTION 206. WHEN CONTRACTS ARE VOID— INDIVIDUAL LIA- BILITY—WHEN—HOW ENFORCED. All contracts entered into by said Council, contrary to this Act (1874), for the purpose of raising money, or otherwise engaging the credit of said City, shall be null and void as to saia City, but the said Mayor, if he approve, and all members of the Council, or General Council, present and voting, who fail to record their votes against such measure or contract, shall be jointly and severally liable thereon, as upon their own contracts, which may be enforced against such Mayor and members of Council, or General Council, in any Court of this State having jurisdiction thereof. SECTION 207. MAY CREATE A SINKING FUND FOR CITY HALL. — The Mayor and General Council of said City in their discretion are hereby aluthorized to create a sinking fund from the taxes and other incomes of said City, to provide a fund for the purchase, or acquiring of a site by condemna- tion proceedings, for a City Hall building, and for the erection of a City Hall building. The amount to be paid into such fund each year shall be such as may be prescribed by the Mayor and General Council by ordinance. SECTION 208. MAY PURCHASE CITY HALL OR SITE— PAY IN FULL OR IN INSTALLMENTS.— The Mayor and General Council of At- lanta are hereby also authorized, in their discretion, to purchase a site and building, or a site only, for a City Hall, and to pay for the same in five or more annual installments. 56 SECTION 209. MAY PURCHASE PIEDMONT PARK— PRICE— IN- STALLMENTS. — The Mayor and General Council of the City of Atlanta are hereby authorized, in their discretion, to purchase the property known as Piedmont Park for park purposes at a price not exceeding one hundred and sixty thousand ($160,000.00) dollars, and to pay for same in such annual in- stallments, and through such a number of years, as may be deemed best by said Mayor and General Council. SECTION 210. MAY RENT SUITABLE MARKET HOUSE OR HOUSES— TERM AND RENT LIMITED.— The Mayor and General Council are hereby authorized to rent or lease from any party, who may build a suitable market house or houses in the City of Atlanta, for a term not exceed- ing fifteen years, at a rate of rental not to exceed eight per cent, on the in- vestment, and are hereby authorized to make such ordinances as are necessary and proper to protect the City in said lease. SECTION 211. MAY PURCHASE MARKET HOUSE— TIME— COST.— The City of Atlanta is hereby authorized to purchase said market or markets at any time during said fifteen years at original cost of said market property. SECTION 212. MAY EXPEND ENTIRE RECEIPTS— PROVISO.— Said Mayor and General Council are hereby authorized to expend and use any ex- cess in the receipts of the City for any year over the amount appropriated for such year; Provided, that such expenditure shall in no case exceed the actual cash receipts for such year. CHAPTER XIV. CITY BONDS. SECTION 213. MAY ISSUE REDEMPTION BONDS— TO RETIRE FUNDING BONDS— LIMIT OF INTEREST RATE.— The Mayor and Gen- eral Council, with the concurrence of the Aldermanic, Board of the City of Atlanta, are hereby authorized to cause the issue of new coupon bonds of said City to meet and retire the securities of said City, known as the six per cent, funding bonds, as the several installments of same shall hereafter, from time to time, mature and fall due, beginning with the next installment amounting to twenty-five thousand dollars, which falls due on the first day of 57 January, 1897. Said new coupon bonds to be in such form, to run for suchi length of time, and to bear such rate of interest (not exceeding four and one-half (4i/4) per centum per annum) as the said Glty Government may direct, and the proceeds to be applied only for the purpose of paying off and retiring said series of six per cent, funding bonds above described. SECTION 214. MAY REFUND ALL MATURING BONDS— TO RE- TIRE MATURING BONDS— LIMIT OF INTEREST RATE.— The Mayor and General Council of said City are hereby authorized and empowered to cause the issue of new coupon bonds of said City to meet and retire all bonds of said City now outstanding as the several installments thereof shall here- after, from time to time, mature and fall due; said new coupon bonds to be in such form, to run for such length of time, and to bear such rate of interest,, not exceeding four and one-half per centum per annum, as the said Mayor and General Council may direct, and the proceeds to be applied only for the purpose of paying off and retiring any bonds of said City now outstanding as the same mature. SECTION 215. MAY REFUND MATURING BONDS IN BONDS- BEARING LOWER INTEEEST.— The Mayor and General Council of said City of Atlanta are hereby authorized and empowered to issue new coupon bonds of said City to run for such length of time, to be of such denominations, and to bear such rate of interest not to exceed four and one-half (41/^) per centum per annum as said Mayor and General Council may direct. The bonds, hereby authorized may be issued from time to time as outstanding unmatured bonds of said City, bearing a higher rate of interest, can be obtained by pur- chase or exchange for said new issue of bonds, on terms satisfactory to said Mayor and General Council. The bonds authorized to be issued under this Section shall be issued only as outstanding bonds of said City, as above,, of the same amount of principal, are retired by purchase with the proceeds of said new bonds, or by exchange for new bonds as aforesaid, and said new bonds, or the proceeds thereof, shall be used for the retiring, as aforesaid,, of bonds of said City bearing a higher rate of interest than the new bonds authorized by this Section; and in no event shall the amount of bonds issued for this purpose at any time exceed the amount of outstanding higher interest rate bonds retired by purchase with the proceeds or by exchange for such, new bonds. 58 SECTION 216. NO BONDS TO BEAE HIGHER RATE OF INTEREST THAN MATURING BONDS.— No bonds issued by the Mayor and General Council of the City of Atlanta, to meet maturing and outstanding bonds shall bear a higher rate of interest than such maturing bonds. SECTION 217. MAY REGULATE REGISTRATION OF BONDS.— The Mayor and General Council of said City of Atlanta are hereby authorized and empowered to provide for and regulate the registration of bonds of said City with the Treasurer of said City, in as full and ample manner as is provided by the laws of this State for the registration of bonds of this State. Said Mayor and General Council shall have the power to prescribe the manner, in which bonds of said City, which have been registered, may be transferred or negotiated. SECTION 218. MAY ISSUE REGISTERED BONDS— LIEU OF COU- PON BONDS— REGISTERED BONDS HAVE NO COUPONS— TRANSFER- ABLE ON TREASURER'S BOOKS.— Said Mayor and General Council may provide for the issuing of registered bonds of said City, in lieu of any bonds authorized to be issued in pursuance of this Act (1889), and in lieu of any coupon bonds of said City heretofore, or that may hereafter be issued by said City. Said registered bonds shall be similar in all respects to the bonds authorized to be issued by said City under the Acts respectively authorizing the issue of the same, EXCEPT, that registered bonds under this Section of this Act shall not be coupon bonds, and the principl'^ and the interest shall be payable only at the Treasury of said City. Said bonds registered under and by virtue of this Section shall be transferable on the books of the Treas- urer of said City, in the manner in substance provided for the transfer of the bonds of the State of Georgia, authorized to be registered by the third Sec- tion of an Act approved September 5, 1887, and which Act provided for the issue, registration, etc., of the bonds of the State o± Georgia, SECTION 219. GUARDIANS AND TRUSTEES MAY INVEST IN CITY BONDS. — Any guardian or Trustee, in his discretion, may invest any funds of his ward or cestui que trust in his hands in bonds of said City of Atlanta, in the same manner and to the same extent as such funds may be invested in stocks, bonds, and other securities of the State of Georgia. 59 CHAPTER XV. CITY COMPTROLLER. SECTION 220. CITY COMPTROLLER— OFFICE OF CREATED.— The •office of City Comptroller of said City is hereby created. SECTION 22L CITY COMPTROLLER— HOW ELECTED.— The City Comptroller shall be elected by the Mayor and the General Council, the next election of these Officers (Marshal and Comptroller) to be had on the first Monday in October, 1904, but their terms of office to begin on the first Mondav in January, 1905. SECTION 222. TERM OF OFFICE.— The term of office of the City ■Comptroller shall be three (3) years, and the one next to be elected (as pro- vided in above Section) shall serve for the term of three (3) years under the same duties and regulations as now otherwise provided by law. All subsequent elections, except to fill vacancies, shall be for a term of three years, unless sooner removed by the Mayor for cause. SECTION 223. DUTIES OF COMPTROLLER.— The duties of said City Comptroller shall be such as are now or from time to time may be prescribed by ordinance of said City. Said City of Atlanta shall have power to devolve upon the City Comptroller any duty or authority now and heretofore devolv- ing upon any other officer of said City or charter or law, whenever the Mayor and General Council may deem it necessary or proper. SECTION 224. HE SHALL GIVE BOND.— He shall give bond in such sum as may be prescribed by ordinance, with security, subject to approval by the Mayor, conditioned for the faithful performance of his duties. SECTION 225. COMPENSATION.— He shall receive such salary as may be prescribed by the Mayor and General Council, which salary may be in- creased during his present or future term of office. SECTION 226. KEEPS CITY ACCOUNTS WITH ALL DEPART- MENTS—APPORTIONMENT OF REVENUE FOR CONVENIENCE OF COMPTROLLER— HEADS OF APPROPRIATIONS.— To enable the City Comptroller to keep a general set of books for said City, and to keep regular and correct accounts, showing the financial transactions of said City, sepa- rately and under proper heads, with all persons and City officers, who may have money transactions with said City, and to enable a complete system of 60 checks and balances to be provided for said City, said City may by ordinance- provide for the apportionment of the revenue or income of the City each year^ to snch departments or heads, and to such number of departments or heads,, as may be deemed requisite, instead of to Departments or heads heretofore provided by charter of said City in Section 35 thereof (Act 1874), and else- where therein ; and said City may by ordinance change the name, number, and order of departments or heads for appropriations heretofore provided; but all the other financial provisions of the charter and amendments thereto of said City are continued in force, except as changed by this Act. (1889.) SECTION 227. COMPTROLLER MAY REQUIRE EVIDENCE OF JUSTICE ,0F CLAIMS. — Whenever a warrant or claim shall be presented to the City Comptroller, he shall have power to require evidence that the amount claimed is justly due, and for that purpose may summon before him any offi- cer, agent, or employee of any department of said City, or any other person, and examine him upon oath or affirmation, relative to such warrant or claim,, and may require the production of books and papers to be used as evidence before him. SECTION 228. BOOKS SHALL SHOW IN DETAIL RECEIPTS AND EXPENDITURES OF EACH DEPARTMENT.— The books kept by the- Comptroller of the City of Atlanta shall be kept in such manner as to show in detail the receipts and expenditures of each Department of the City Gov- ernment. «il CHAPTER XVI. DEPARTMENT OF WATERWORKS— BOARD OF WATER COMMISSIONERS. SECTION 229. WATER COMMISSIONERS— CONTINUED IN OF- FICE. — By reason of the inadequate supply of water in said City, for extin- guishing fires, and for domestic and sanitary purposes, and for the purpose of supplying said deficiency, the Board of Water Commissioners as now estab- lished by law, shall be continued as hereinafter provided. SECTION 230. ONE COMMISSIONER FROM EACH WARD.— One of said Commissioners shall be elected (by the Mayor and General Council) from each of the nine wards of said City. SECTION 231. ELECTION IN 1887— TERMS OF MEMBERS ELECT- ED. — At the second regular meeting of the Mayor and Council of the City of Atlanta in December, 1887, said body shall elect seven (now eight) Water Commissioners for said City. The terms of the members first elected under this Act shall be as follows : Those elected from the First and Second Wards shall hold their offices for a term of one year; those elected from the Third and Fourth Wards shall hold their offices for a term of two years, and those elected from the Fifth and Sixth Wards shall hold their offices for a term of three years. SECTION 232. SUBSEQUENT ELECTIONS— TERMS OF MEMBERS ELECTED— IF VACANCY, HOW FILLED.— At all subsequent elections, ex- cept to fill vacancies, the members shall be elected for a term of three years each, and on the expiration of a term, or the existence of a vacancy a member shall be elected from the Ward in which the same occurs. SECTION 233. WHEN TERMS BEGIN— IF VACANCY, ELECTION FILLS UNEXPIRED TERM.— The terms of office of all members of said Board shall commence on the first day of January following their election, except in cases of elections to fill vacancies. In the latter case elections shall be for the unexpired term. SECTION 234. MAYOR AND CHAIRMAN OF WATERWORKS COM- MITTEE EX-OFFICIO MEMBERS OF BOARD.— The .Mayor of said City and the Chairman of the Committee on Waterworks of the General Council 62 of said City shall each be ex-officio a member of the Board of Water Com- missioners of said City, and said eight members above provided for, together with said Mayor and Chairman of the Committee on Waterworks, shall consti- tute the Board of Water Commissioners of said City. SECTION 235. VACANCY—HOW FILLED— TERM.— Whenever a va- cancy occurs by death, resignation, or otherwise, it shall be filled by the Mayor and General Council for the balance of the term. SECTION 236. OATH OF OFFICE. — The said Board of Commissioners shall take and sulascribe the oath administered to the Mayor and members of the General Council. SECTION 237. ELECT THEIR OWN PRESIDENT— WHEN.— Said Board of Water Commissioners shall choose from their number, annually, one as a President of said Water Board. SECTION 238. QUORUM.— A majority of said Board shall constitute a ■quorum for the transaction of business. SECTION 239. SHALL KEEP RECORD OF ACTS AND DOINGS- MAKE REPORTS— WHEN— SUBJECT TO EXAMINATION— WHEN.— (Said Board) shall keep a record, in books to be kept for that purpose, of the acts and doings of said Board, a full report of which shall be made annu- ally to the Mayor and General Council of said City, and the books of said Board shall be subject to examination at any time by persons authorized to do so by the Mayor and General Council. SECTION 240. LEGAL ACTS BIND CITY.— All contracts and engage- ments, acts and doings of said Board, within the scope of their duty or author- ity, shall be obligatory upon, and be in law considered as if done by the Mayor and General Council of the City of Atlanta ; and the said City of Atlanta, and all the real estate within the City of Atlanta, shall be liable for the payment of the principal and interest that may become due on the bonds to be issued by virtue of this Act. (Obsolete.) SECTION 241. MEMBERS MAY BE REMOVED FOR CAUSE— WHEN — HOW. — The Mayor and General Council of the City of Atlanta, may, at any time, remove any member of said Board; Provided, it shall satisfactorily ap- pear, after reasonable notice to the parties, and hearing the cause of complaint and answer thereto, if any should be offered, that the member, whose removal 68 is sought, has been guilty of maladministration or neglect of the duties of iiis- office, that his removal will be right and proper, and two-thirds of the members elected to said Council shall concur in such removal. SECTION 242. POWERS OF BOARD— HOLDING PROPERTY FOR CITY— CONSTRUCTION OF AQUEDUCTS— LAYING OF PIPES— MAIN- TAIN WATERWORKS.— The said Board shall, for (and in the name of) the Mayor and General Council of the City of Atlanta, take and hold the lands, and real estate, rights, franchises, and property of every kind so purchased by the Board aforesaid, and other lands, real estate or property, necessary in their opinion for the construction of any canals, aqueducts, reservoirs, or other works for. conveying or containing water, or for the erecting of any building or machinery, for laying any pipes or conduits for conveying the water into or through the said places, or to secure and maintain* any portion of the works,. and in general to do anj^ other act necessary or convenient for accomplishing the purposes contemplated by this Act. SECTION 243. MAYOR AND GENERAL COUNCIL MAY INSPECT WORKS — WHEN. — The said Mayor and General Council shall be authorized by a Committee of their own number, or otherwise, to inspect semi-annually, or oftener, the state and condition of the works and property thereto be- longing, and the said Board shall give them every reasonable facility and: assistance in making such inspection. SECTION 244. MAY USE ROADS, STREETS, ETC.— DAMAGES TO' SAME TO BE REPAIRED.— The said Board, in behalf of_the Mayor and General Council of the City of Atlanta, and all persons acting under their authority, shall have the right to use the ground or soil under any road, rail- road, highway, street, lane, alley or court, within the State, for the purpose of constructing, enlarging, or improving any of the work contemplated by virtue- of this Act, upon condition that they shall not permanently injure any such railroad, highway, street, lane, alley or court to be restored to its original state, and all damages done thereto be repaired. SECTION 24.5. CONTRACTS FOR MATERIAL— IN WRITING WHEN — HOW ENDORSED. — All contracts for material, or for the construction of any part of said work, which shall involve the expenditure of five hundred dollars or more, shall be made in writing, and of each contra,ct two copies shall be taken, which shall be numbered with the number of said contract,, and. 64 ■endorsed with the name of the contractor, and a summary of the work to be done, or material to be furnished. SECTION 246. ONE COPY OF CONTRACT DEPOSITED WITH COMPTROLLER. — One of the said copies shall be deposited with the Auditor of Accounts (now Comptroller) of the City of Atlanta, and one shall be r**- tained by said Board. SECTION 247. SECURITY TAKEN FOR CONTRACTS BY BOARD— FROM WHOM — HOW. — The said Board shall have authority to require from any person or persons with whom they shall enter into a contract, satisfactory security for the faithful performance of said contract, according to its terms. SECTION 248. NO MEMBER OF BOARD SHALL BE INTERESTED IN CONTRACT. — And no member of said Board shall be interested, directly or indirectly, in any contract relating to said work. SECTION 249. PROPERTY EXEMPT FROM TAX.— All lands and real estate, and property of every kind, so held aforesaid, by the said Board, and in the name of the Mayor and General Council of the City of Atlanta, shall be exempted from taxes and assessments. SECTION 250. BOARD MAY APPOINT ENGINEER, CLERKS, ETC. FIX COMPENSATION. — The said Board of Commissioners shall have power to appoint a competent engineer for the construction of said water works and to fix his compensation therefor, while so employed. Also to employ such clerks and laborers as may from time to time be found needful, and fix their compensation. SECTION 251. BOARD REGULATES DISTRIBUTION OF WATER- PUBLIC HYDRANTS— WHERE AND HOW ERECTED.— The said Board (Water Commissioners) shall regulate the distribution and use of said water in all places, and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and they shall erect such number of public hydrants and in such places as they shall see fit, and direct in what manner and for what purpose the same shall ,be used, all of which they may change at their discretion. SECTION 252. APPLIANCES TO EXTINGUISH FIRES— EXPENSE OF CITY — HOW ERECTED. — All conduits or appliances required and fur- nished for the purpose of extinguishment of fires shall be erected at the ex- 65 pense of the Mayor and Oenerai Council of the CAty of Atlanta, and placed as they shall direct, and be under their exclusive control and direction. SECTION 253. CONTRACTS FOR WATER— LIMIT THREE YEARS.— The Board shall make no contract for the price of using the water for a longer time than three years, and at the expiration of any term or lease, the price paid for the use thereof shall be adjusted according to the regulations then established. SECTIOiV 254. PAYMENT FOR WATER— MAY SHUT OFF SUPPLY FOR NON-PAYMENT.— The said Boara shall have full power and authority to require the payment in advance for the use or rent of water furnished by them, in or upon any building, place or premises, and, in case prompt pay- ments shall not be made, they may shut off the water from such building, place or premises, and shall not be compelled again to supply said building, place, or premises, with water until said arrears, with interest thereon, shall be fully paid. SECTION 255. MAY ASSESS FOR WATER PIPE— LIMIT OF AS- SESSMENT. — Whenever the said Board of Water Commissioners shall cause water pipe to be laid along any street in the City of Atlanta, they are hereby authorized to assess the cost, or such portion of the cost of such pipe, and the expense of laying the same, and of erecting hydrants, upon the owners of all improved property on eac'h side of the street, or portion of a street, along and through wiiich such pipe has been, or may be, extended, such assessment to be made under sucH Just and equitable rules as said Board of Water Commis- sioners may establish, not exceeding seven dollars each. SECTION 256. PAYMENT REFUSED— PENALTY— PROVISOS.— If any property-owner shall refiLse, after demand, to pay such assessment, the name of such person, the amount due by him, and a description of the piop- erty, in front of which such pipe has been run, shall be furnished by the Board to the Clerk of the City Council of Atlanta, who shall issue execution against such ovNTier for the amount diie ; which said execution shall be levied by the City Marshal and collected out of the property mentioned on tax execution, and the amount paid over to the Water Commissioners, and the fees of the Clerk and Marshal shall he the same as allowed by law for tax executions ; provided that any person taking water on his, her, or their premises shall be charged the regular water rate, and shall not be subject to said assessment; 66 provided, further, that, if the property-owner aforesaid shall take, within twelve months from the laying of said water pipes, water in pursuance of all rules and regulations of the Water Commissioners, then said sum so collected shall be credited upon the current water rates of the property-owner for the year he or she shall take the same; and provided also in no case shall any sum be levied upon any property-owner failing or refusing to take said water more than one term. SECTION 257. INCOME TO BE PAID INTO THE CITY TREASURY. — On and after January 1st, 1880, all money collected from water rents, and any other income from said waterworks, shall be paid, as collected, to the Clerk of Council of the City, and by him into the City Treasury, and the necessary funds to carrj' on said waterworks shall be paid out of the City Treasury on orders of the Mayor and General Council. SECTION 258. APPROPRIATION FOR WATERWORKS CAN NOT EXC:^ED INCOME — EXCEPT WHEN. — The annual appropriation for water- works shall never exceed the estimated annual income, except in an extra- ordinary emergency, to be judged of by the Mayor and General Council. SECTION 259. APPROPRIATION— HOW MADE.— Said Board shall by the first meeting of the Mayor and General Council in May of each year file with said body an estimate of the probable receipts from water rents and other income, if any, and of the amount necessary to run said waterworks dur- ing the current year. Said Mayor and General Council shall then, and at the same time that other appropriations are made, make such appropriations, and set apart such amount for said waterworks, as may be necessary for the economical and successful operation of the same, and shall pay the same over to the Board of Water Commissioners as it may be needed. SECTION 260. PERSONS MALICIOUSLY INJURING PIPES— THEIR LIABILITY— THEIR PUNISHMENT.— If any person or persons shall ma- liciously or wilfully divert the water, or any portion thereof, ■ from the said works, or shall corrupt or render the same impure, or shall destroy or injure any canal, aqueduct, pipe, conduit, machinery, or other property used or required for producing or distributing the water, such person or persons, and their aiders and abettors, shall forfeit to the said Board, to be recovered in an action of trespass, treble the amount of damages (besides cost of said suit), which shall appear on trial to have been sustained, and all such acts are hereby 67 declared to be misdemeanors; and the parties found guilty thereof may be further punished by fine not exceeding one thousand dollars or by imprison- ment not exceeding one year, or both at the discretion of the Court. SECTION 261.— BOAKD MAY MAKE RULES— REGULATE USE OF WATER, ETC. — The said Board shall have power to make rules and regula- tions respecting the introduction of water into or upon any premises and, from time to time, to regulate the use thereof in such manner as shall seem to them necessary and proper. SECTION 262. APPARATUS MAY BE EXAMINED— BY WHOM— FOR WHAT PURPOSE. — The members of said Board, and all engineers, superintendents, or inspectors in their service, are hereby authorized and em- powered to enter at all seasonable hours any dwelling or other places where said water is taken and used, and where unnecessary waste thereof is known, or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surface pipes, stop-cocks, and other apparatus con- nected with the said works, for the purpose of ascertaining whether the same are of the character and dimensions, and fixed in the manner directed in permits issued therefor. SECTION 263. PENALTY FOR REFUSAL TO PERMIT SUCH EX- AMINATION. — If any person refuse to permit such examination, or oppose or obstruct such officer in the performance of such duty, he, she, or they so offending shall be liable to such penalty, not exceeding ten dollars, for such offense as the Board may impose, and supply of water may also be shut off until the required examination is made, and such alterations and repairs are completed as may be necessary. SECTION 264. BOARD MAY EXECUTE PROMISSORY NOTES.— (Obsolete). — The said Board shall be authorized to execute promissory notes, or accept drafts for any of the legitimate purposes of said works, in anticipa- tion of the receipts of the proceeds of the sale of bonds hereinbefore author- ized to be issued by them, or of the revenue of the said works. Provided, how- ever, that the whole amount of the permanent indebtedness of the City to be increased by them by virtue of this Act, shall not exceed the sum of five hundred thousand dollars. , SECTION 265. CONDEMNATION OF PRIVATE PROPERTY FOR WATERWORKS USES— BY WHOM AND HOW INSTITUTED.— The Mayor and General Council of the City of Atlanta a/e hereby authorized to condemn property, which may be needed, In the judgment of said Mayor and General Council, to enlarge its waterworks plant, or grounds, the condemnation pro- ceedings in all cases to conform to the laws of the State authorizing and regu- lating the condemnation of private property for public uses. (General law now obtains.) SECTION 266. APPROPEIATION OF REAL ESTATE BY CONDEM- NATION, OR INJURY TO SAME— DISAGREEMENT AS TO PRICE- COURT APPOINTS ASSESSORS, WHO REPORT TO COURT.— In case of a disagreement between said Board and the owners of any lands, or water- rights, or franchises, necessary for the construction of said waterworks, or anything appertaining thereto, or as to the price to be paid therefor, as to the damage done thereto, or the owner of said land, or water-rights, or fran- chises, shall be a married woman, or an infant, or insane, or shall be absent from the State, then it shall and may be lawful for the Judge of the Superior Court of Fulton County, upon application of either party, or in case such ■owner shaU be unknown, or can not be found, then, upon notice of such appli- cation at said Court, may direct to appoint three disinterested persons to examine said property, and to assess the value thereof, or the damage done to the same, who shall, with as little delay as possible, discharge said duty, after having taken an oath before some officer authorized to administer the same, impartially, to the best of their ability, and make a return of their actings and doings in the premises to the next term of the Superior Court of Fulton County, to be entered on the minutes of said Court, and made the judgment thereof. SECTION 267. PROVISO FOR APPEAL FROM ASSESSORS ' AWARD —HOW MADE— APPEAL SHALL NOT DELAY WORK ON WATER- WORKS. — Provided, that in case either party is dissatisfied with said award, he or they may appeal to the Superior Court of said County, and have said case tried by a special jury, as in usual cases of appeal, upon giving to the ■opposite party notice within ten days after the making of said award, of his intention to do so, and giving bond, with good security for the payment of all costs and damages, which may accrue to the opposite party by reason of entering said appeal; and, provided, further, that the work on said waterworks shall not be delayed by reason of entering said appeal. 69 SECTION 268. IF NO APPEAL— BOARD PAYS IN TWO MONTHS AMOUNT REPORTED BY ASSESSORS AS FULL COMPENSATION.— Whenever such report shall have been made the judgment of said Court, and no appeal has been entered, as aforesaid, the said Board shall, within two months thereafter, pay to the said owner, or to such person or persons as the Court may direct, the sum mentioned in said report, in full compensation for the property so required, or for the damages sustained, as the case may be. SECTION 269. TITLE DISPUTED— OWNER INSANE, UNKNOWN, OR AN INFANT— BOARD PAY MONEY INTO COURT— MAYOR AND GENERAL COUNCIL SEIZED IN FEE SIMPLE.— In all cases, when the title or interest of any person or persons in land required and taken up for the purpose of this Act is doubtful or disputed, or in case said owner shall be unknown, insane, non compos mentis, or an infant, or can not be found, the value of, or damage to, such lands, awarded by the Commissioner appointed by said Judge of the Superior Court, may be paid into said Court, upon affidavit made of such facts hy the claimant, his agent, or attorney, and such payments shall have the same effect as if made to the owner thereof, and the said Court may proceed in a summary way, upon petition of any person claim- ing to be the owner of said lands, or any part thereof, and to what person or persons the said money shall be paid, and shall have power to distribute the same among the persons entitled thereto, and thereupon the Mayor and General Council of the City of Atlanta shall become seized in fee simple of such property so required, and shall be discharged from all claims by reason of such damage. NEW WATERWORKS. SECTION 270. AUTHORITY TO IMPROVE WATER SUPPLY— AC- QUIRE RIGHTS AND PROPERTY FOR THAT PURPOSE— PROVISIONS FOR PURE AND CLEAR WATER.— The City of Atlanta is hereby authorized and empowered to enlarge and improve the existing water supply and water- works of said City in any manner and to any extent, that is or may be need- ful, from the present or from any other site or sites; that said City shall have the power to acquire all rights and property, real and personal, neces- sary or appropriate for affording a complete and sufficient supply of reason- ably pure and clear water to said City, and shall have power to acquire and hold or use all such rights and property, both within the limits of said Citj and anywhere in this State, including ownership of and dominion in whole or 70 in part oTer voe water-shed, from which the water to be supplied is gathered, however large the tract of land necessary for the purpose may be, so as to let said water-shed grow up in grass and trees, without inanuring or tillage, or other hurtful use, and so as to keep the water clear and pure.. SECTION 271. AUTHOEITY TO MAKE SURVEYS FOR PROPOSED WORK. — The said City shall have power to cause such examinations and sur- veys to be made for the proposed work contemplated in this Bill as shall be necessary or proper to the selection of the most advantageous location or locations, site or sites, water-shed or sheds, and right or rights, way" or ways, for locating all their works and appliances for bringing the water and dis- tributing it in the City, and for carrying out the object of this Bill. SECTION 272. CAN FOR THIS PURPOSE ENTER UPON THE LAND OF ANYONE— ALL POWERS HERETOFORE CONFERRED CONTINUED IN FULL FORCE. — And for such purpose (surveys, etc.) tlie said City, by its officers, agents, servants or employees, shall have the right to enter upon the land or water of any person, and all the rights, powers, and privileges hereto- fore conferred by the Legislature under any bill enacted by the same upon said City for erecting and maintaining waterworks, are hereby revived and continued in full force for the purposes ot this Act, in extending said water- works, or in erecting new waterworks, either or both, as the case may be. SECTION 273. MAY HAVE RIGHTS OF WAY FOR CANALS, AQUE- DUCTS, ETC. — The City, by its agents aforesaid, may construct its works, or lay its pipes, upon acquiring the property or right so to do, as the case may be, with the necessary way or ways, dams, canals, raceways, reservoirs, excavations or embankments, and do all acts and things necessary for the construction and maintenance of said works. SECTION 274. MAY LEASE, BUY, OR CONDEMN PROPERTY, OR ACQUIRE BY DONATION THE SARNIE, FOR WATERWORKS.— And (said City) shall have power to lease, or buy, or condemn any property, real or per- sonal, anywhere in this State, for the purpose, or acquire the same by dona- tion, and to sell, lease, or dispose of. any part thereof not found necessary for the works, at the pleasure of the City. SECTION 275. MAY OBTAIN GRAVEL, STONE, EARTH AND TIM- BER—CUT DOWN TREES, IF NECESSARY— TAKE LAND FOR ALL SUCH PURPOSES— PAY FOR SAME.— And said City, by its agents as 71 aforesaid, shall have power to obtain gravel, stone, earth, timber, or other material, and to take such land as may be necessary for the proper construc- tion, operation, and security of said works, and to cut down any trees, that may be necessary therefor, or security of the same, making compensation therefor as by this Bill, or under the law provided for property taken for public use, and shall have all other powers and authority necessary and appro- priate to accomplish the objects of this Act. SECTION 276. RIGHTS AND REMEDIES OF CITY AND PROPERTY- OWNERS IN CONDEMNATION OF PROPERTY.— The rights and remedies of said City, and all persons and corporations, whose property, franchises, easements, or rights, it may seek to condemn or appropriate for the purposes of this Act shall be those contained in and set out in Part 2, Title 1, Chapter 1, Section 1689, sub-section L, of Code of Georgia of 1882 for condemning and making compensation for property, where the same is sought to be taken for railroad purposes, substituting the said City as the pro-movant in such proceedings in lieu of the railroad company, as in said Section contemplated, and if in any respect, the rights and remedies in said Section set out should be found inappropriate, then the rights and remedies shall be the same as is contained and provided in the Act of the Legislature of said State originally authorizing the City of Atlanta to provide and erect waterworks, and in the several amendments afterwards made thereto. SECTION 277. MAY USE STREAMS FOR POWER— COMPENSATION THEREFOR. — Said City shall have power to use and employ for the purpose of said works any stream or streams of water or water-course or water-courses, or any part of such waters, which by said city shall be deemed necessary and appropriate; to use such waters by employing the same for power to run or move the necessary machinery, or for pumping through the mains, and dis- tributing over the City, either or both as the case may be, making compensa- tion therefor as by law required. SECTION 278. MAY LAY MAINS ALONG STREETS, HIGHWAYS, CROSSING, OCCUPYING OR APPROPRIATING SAME, OR ANY PART.— Said City shall have power to lay its mains along any street or highway, or otherwise, whenever necessary; to cross, occupy, or appropriate with its works such highways or streets or any part thereof. 72 SECTION 279. CONTROL OF WORK-BY WHOM.-The work contem- plated under this Act shall be carried on through the agency of the Board of Water Commissioners of said City, under the direction and control of the Mayor and General Council of the same. SECTION 280. THIS AUTHORITY CONTINUATION OF PREVIOUS AUTHORITY— ALL EXISTING LAWS AS TO OLD WATERWORKS EF- FECTIVE FOR NEW.— The works provided for or contemplated under this Bill are to be deemed and taken as a continuation of, and in lieu of, the waterworks heretofore enacted and used by said City, and all existing legisla- tion, as well as the ordinance of said City, forbidding trespasses or any interference with said waterworks, and all sanitary laws and regulations rela- tive to the same are hereby revived and made applicable to said new works, or extended works, as the case may be, with the same remedies, pains, and penalties as by previous Acts and ordinances of the City of Atlanta, or the general laws of the State, are or may be provided. SECTION 281. CAN NOT SELL OR LEASE FOR LONGER THAN FIVE YEARS OLD WATERWORKS PROPERTY— PENALTY FOR VIO- LATION.— The Mayor and General Council, or Board of Water Commission- ers, or other officers of said City of Atlanta, shall have no authority or power to sell, exchange, or lease for a term longer than five years the property now belonging to the City of Atlanta, known as Lakewood, or the old waterworks property, same being the property, on which is located the old water reser- voir, to the South of the City of Atlanta; and any official voting therefor shall be deemed guilty of having violated his duty, and subject to impeachment and removal from office. SECTION 282. CAN NOT SELL OR LEASE THE SYSTEM OF WATERWORKS— PENALTY FOR VIOLATION.— The Mayor and General Council, or Board of Water Commissioners, or other officers of the City of Atlanta, shall have no authority or power to sell, exchange, farm out, lease out, or in any way alien the property, easements, income or other equipment, privileges or assets belonging and appertaining to its system of waterworks; and all contracts, negotiations, grants, leases, or other forms of transfer in violation of this Act are declared void and of no effect, as against said City, and any official voting therefor shall be deemed guilty of violating his duty, and subject to impeachment and removal from office therefor; Provided, however, the provisions of this Section shall not apply to the sale, exchange^ or alienation of such articles of equipments of said waterworks plant as are worn out or useless, or which for the betterment of the service can be advantageously substituted by new or improved machinery or equipment. SECTION 283. PEOVISION FOR FINANCING NEW WATERWORKS —EMPLOYMENT OF CITY RESERVE FUNDS.— For the purpose of carry- ing into effect the objects of this Act. the said City shall have power to use and employ the fund or funds accumulated under the Charter of said City, under the Act of the General Assembly of said State, approved December 18, 1884, relative to providing a fund for the purpose of making a part of the taxes of each year available for current expenses during a portion of the succeeding year, and under the several Acts, of which said last-recited Act is amendatory, and for the purpose aforesaid, the City of Atlanta shall have power to make any contract or contracts, or to incur any obligation or obli- gations upon the means and resources of said C'ity, not repugnant to the Constitution of this State; and that to supply the place of accumulated funds diverted or used, as above specified, there shall be annually set apart tweu- ty-five thousand dollars of the revenues of said City, commencing with the year 1887, until a fund of two hundred and fifty thousand dollars has been accumulated, which shall be apj^lied as contemplated, and required from year to year, as required by said Act of December 18, 1884, and the several Acts, of which the same is amendatory; and in the meantime said City may make such temporary loans as are actually necessary in the beginning of the year to anticipate the revenues until the collection of the same begins to flow into the Treasury in the summer months. (Obsolete.) SECTION 284. PROCURING FUNDS FROM OTHERS— HOW— OP- TION TO PURCHASE LATER, WHEN IN FUNDS, ETC.— Said City shaU have power, if by it deemed wise to do so, to procure from any person or per- sons willing thus to invest the funds, in whole or in part, necessary to extend said works, or to erect new works, and to vest the tttle to a corresponding part of the property, or the whole of it, as the case may be, to him or those thus advancing the money, upon the agreement that the City have an option to purchase and pay for a title to the property at a future day whenever the City shall be provided with funds or means of doing so, the City in the mean- time using and operating the works at an agreed rental, to be paid by it upon such terms and conditions as may be by the parties agreed on. 74 SECTION 285. POLICE AND SANITARY RECxULATIONS NEW WATERWORKS-VIOLATION OF REGULATIONS-PENALTY.-The Mayor and General Council of said City shall have full power and authority to establish reasonable police and sanitary regulations over the new water- works of said City, located at the Chattahoochee River, near the mouth of Peachtree Creek, in "Pulton County, and along the pipe-line of said water- works system, between said river an dthe City of Atlanta, including said pipe- line, the reservoir of said new waterworks system, the water-shed, and all lands occupied for the purpose of water supply, and to punish a violation- of such regulations by fine or imprisonment, as in case of violations of other ordinances of said City of Atlanta. SECTION 286. CITY MAY USE WATER FROM CHATTAHOOCHEE RIVER-RATIFICATION OF CITY'S ACTS IN ESTABLISHING WORKS -NOT LIABLE FOR SUITS ON ACCOUNT OF USE OF WATER.-The City of Atlanta is hereby empowered and authorized to use the waters of the Chattahoochee River for the purpose of supplying its system of waterworks with water, and all acts of said City, its Mayor and General Council, and its Board of Water Commissioners, whereby lands have been purchased alongside said river, pumping stations erected thereon, mains built therefrom, reservoirs and power or other pumping stations erected for the purpose of securing a pressure on the water in such mains whereby the water might be supplied to the City of Atlanta for the purpose of securing the health of the citizens thereof, and the preservation of the property and for all municipal purposes, be and the same are hereby confirmed and its future use for the same and similar purpose is hereby granted and authorized. The City shall not be held liable for any suits at law, or in equity, on account of the use herein author^ ized or for any enlargement of said use by reason of the increased growth of said City. SECTION 287 AUTHORITY HERETOFORE GRANTED PRESERVED AS TO CONSTRUCTION OF WATERWORKS, CONDEMNATION OF PROPERTY, ISSUANCE OF BONDS, ETC.-The grants of authority to said City of Atlanta to construct new waterworks, to acquire property for that purpose by purchase or condemnation, to issue bonds to be sold to pay the ex- penses of the construction of such works, and all the authority heretofore granted said City in reference to the proposed system of waterworks, .s con- tinued in full force and effect, especially all the provisions of the Act approved 75 September 5th, 1885, October 1st, 1887, and December 4th, 1889, except Sec- tion 7 of the Act of 1885 aforesaid, providing for the use of the sinking fund of said City, and all authority heretofore granted any system of waterworks, or hereafter to be granted to any such system, is hereby conferred upon the City of Atlanta with reference to the system of waterworks herein authorized to be constructed. CHAPTEK XVII. SEWERS AND DRAINS. SECTION 288. AUTHORITY TO LAY SEWERS AND DRAINS.— Said Mayor and General Council shall have full power and authority to lay down Bewers and drains in said City. SECTION 289. CONSTRUCTION UNDER DIRECTION OF COMMIS- SIONER OF PUBLIC WORKS.— All work of laying down or constructing sewers or drains shall be done under the direction and supervision of the Commissioner of Public Works. SECTION 290. NECESSITY FOR SEWERAGE— PLANS— ESTIMATES OF COST— WHO FURNISHES.— The City Engineer shall furnish to said Board (of Health) information and advice as to the necessities of any par- ticular locality for sewerage, the kind of sewerage that may be desirable, with estimates of the cost of the same, and shall furnish plans and profiles and such other like work as may be necessary and proper. SECTION 291. ASSESSMENTS FOR SEWERS— HOW COLLECTED. — (They shall have full power and authority) to assess the amount of the cost of laying and constructing the same upon the real estate abutting on streets through and along which sewers and drains may be placed and con- structed, and upon any real estate through and upon which the same may be constructed or placed. Amounts of assessments on real estate for con- structing sewers may be collected by execution, levy and sale, as in street assessments. SECTION 292. CONSTRUCTION OF SEWERS PROVIDED FOR BY ORDINANCE— PUBLICATION OF ITS INTRODUCTION— TIME— WHEN PASSED. — The construction of all sewers under this Act shall be provided 76 for by ordinance. After the first reading of an ordinance providing for a sewer, a notice of the introduction of the same shall be published in one or more of the daily papers of the City; such notice shall contain a state- ment of the line along which the proposed sewer is to be laid, and a state- ment of the general character, material and size of such sewer. Said notice shall be published at least as many as ten days before the adoption of such ordinance, and said ordinance may be adopted at the next meeting after its introduction, or at any subsequent meeting after said notice has been published. Substantial compliance with the above requirement as to notice shall be sufficient. SECTION 293. MAY LAY SEWERS THROUGH PRIVATE PROP- ERTY—TO ASCERTAIN DAMAGE ASSESSORS APPOINTED— MAY APPEAL FROM AWARD— FOUR DAYS.— Said Mayor and General Coun- cil are hereby authorized to construct and lay down sewers through prop- erty in said City: Provided, That before doing so, any damage done to private property thereby shall be ascertained and paid. In order to ascer- tain the amount thereof, assessors shall be appointed, who shall act and report as in cases of opening streets in said City, and from whose award either party may appeal to the Superior Court of Fulton County within four days. « SECTION 294. SEWER ASSESSMENT— HOW MUCH— RIGHTS OF ABUTTING PROPERTY.— In all cases where a sewer shall be laid by or under the authority of said City in any street, the sum of seventy cents per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer, on each side of said street in which said sewer is laid or constructed, and in consideration of the payment of said assess- ment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. The remaining cost of all sewers not thus assessed shall be paid by said City out of the sewer appropriations for the year. SECTION 29.5. SEWER ASSESSMENTS— HOW MUCH, WHEN LAID THROUGH PRIVATE PROPERTY— RIGHTS OF ABUTTING PROP- ERTY-OWNERS. — In case any such sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like sum of seventy cents shall be assessed upon such prop- erty abutting upon each side of said sewer for every lineal foot, making in 77 all one dpllar and forty cents for every lineal foot to be assessed upon such property, through which the sewers are constructed as aforesaid, and, in consideration of the payment of said assessment, the owners of gaid estates respectively on each side of said sewer, through or over which such sewer may be constructed, shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. SECTION 296. EXTENT, CHARACTER, MATERIAL, EXPENSE- HOW GOVERNED— SEWERS LAID WITHOUT PETITION FROM PROP- ERTY-OWNERS. — The extent and character, material used and expense of sewers constructed, as well as the time and manner of constructing the same, shall be in the discretion of the Mayor and General Council of said City, and to be prescribed from time to time by ordinances, and upon like notice and in the same manner, and the assessments laid and enforced by execu- tion, levy, sale, or otherwise, as in case of ordinances and assessments for the paving of streets in said City, except that sewers hereby authorized may be constructed with or without petition by property-owners, where, in the judgment and discretion of the Mayor and General Council the public health and good of the City shall require. SECTION 297. COLLECTION RESISTED— HOW— WHO DECIDES.— The Defendant shall have the right to file an affidavit denying the whole or any part of the amount, for which the execution issued is due, and stat- ing what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance; and all sueh affidavits so received shall be returned to the Superior Court of Fulton County, and there tried and the issue determined as in cases of illegality, subject to all the pains and pen- alties provided in cases of illegality for delay. SECTION 298. CORNER LOTS WITH SEWERS IN BOTH STREETS —EXEMPTION OF 75 FEET FROM ASSESSMENT.— In case of real estate situated on street corners, and having frontage on two streets, the owner, and real estate thus situated, shall be assessed as by this Act provided for the frontage on the street, in which a sewer is first laid, and, when a sewer is laid on the other street, seventy-five feet of frontage shall be exempt from assessment on the owner and real estate for the last-named sewer. 78 SECTION 299. ASSESSMENT FOR SEWERS A LIEN ON REAL ESTATE — ^^VHEN. — The amount of such assessment for sewers on each piece of real estate shall be a lien on said real estate from the day of the passage of the ordinaftee providing for the work and making the assess- ment. SECTION 300. SEWERS THROUGH PRIVATE PROPERTY— CLAIMS FOR DAMAGES— ADJUSTMENT.— In case of any sewer or sewers, or parts of the same, being built or laid over or through private property, if the owner of such property claim damages for the occupation of said lands by such sewer and construction of the same thereon, give notice of such claim, but a failure to give such notice shall in no wise affect or prejudice the right of such owner to bring suit for damages sustained. But upon giving notice of such claim for damages as aforesaid, then assessors shall be appointed to assess damages to said land by reason or on account of the construction of any such sewer through or upon the same, said assessors to be appointed, notice given, and their award made as in case of property taken for opening, widening, or straightening streets under the charter and laws of said City. SECTION 301. ASSESSMENTS DUE CONTRACTOR FOR SEWER- COLLECTION IN INSTALLMENTS— HOW— PROVISO RESTRICTING MAYOR AND GENERAL COUNCIL FROM INCURRING INDEBTED- ]vjESS.— The Mayor and General Council of the City of Atlanta shall have power and authority to provide by ordinance for the collection of assess- ments for the construction of sewers in installments running through a series of years to be fixed by such ordinances in all cases where the con- struction of said sewers is performed by a contractor or contractors; Pro- vided, that said Mayor and General Council shall not have power and authority to incur indebtedness to be paid by the City from its Treasury on account of the construction of such sewers, which indebtedness is not to be paid in the year, in which it is contraoted. SECTION 302. MAKING OF SEWER CONNECTIONS MAY BE REG- ULATED—GENERAL SUPERVISION BY MAYOR AND GENERAL COUNCIL. — For the preservation of all sewers in said City for the public ruse and easements aforesaid, the said Mayor and General Council shall have the authority to direct and control the time and manner in which connec- tions shall be made with such sewers, and by whom the work is to be 79 I done, and upon what terms and conditions, and at what point and to what extent surface-water or drainage shall be permitted to flow into sewers, and generally all matters relating to the uses and control and repairs of sewers and sewer connections, and replacing of paving and other adjacent struc- tures in good condition shall be at all times under the regulation and con- trol of the said Mayor and General Council in its fair and legal discretion. SECTION 303. MAY PASS ORDINANCES FOR FURTHER REGULA- TION—MAKE INSPECTIONS— BY WHOM— MAY WITHHOLD PLUMB- ING LICENSES— FROM WHOM— WHEN— OTHER POWERS.— The Mayor and General Council of said City shall be authorized to provide by order, resolution, or ordinance of that body, from time to time, for the adoption and enforcement of additional and suitable regulations in said City, such as may be needful and proper on the subject of drainage, sewerage, plumb- ing, and all that is or may be needful for improved sanitation, and to provide agencies and means for carrying out and enforcement of the same through its officers, or any of its Bcfards, and to make all necessary inspec- tions, to withhold authority and license for plumbing to any but competent persons, and to do all else that is or may be needful to require compliance by individuals with the rules thus adopted, and shall have power to make alterations and amendments thereto, as from time to time may be needed. SECTION 304. MAY CONSTRUCT SEWERS WITHOUT THE CITY LIMITS— MAY OPERATE PLANTS OR MEANS FOR DISPOSAL OP SEWAGE WITHOUT THE CITY LIMITS.— The Mayor and General Council of the City of Atlanta are hereby authorized, in their discretion, to lay and construct sewers, of whatever form, fashion, and material as in their judg- ment may be proper, safe, and sanitary without the limits of the City of Atlanta, as well as and to as full an extent as now authorized within the limits of said City, and they are further authorized and empowered, in their discretion, to prepare, construct, and operate plants, means, methods or whatever system in their discretion is best for the disposal of sewage matter, and said plants or systems or methods may be constructed and operated without the limits of the City of Atlanta, as well as within the limits of said City, in the discretion of the Mayor and General Council. SECTION 305. MAY CONDEMN LANDS OUTSIDE OF CITY FOR SEWAGE PURPOSES OR DISPOSAL PLANTS.— Power and authority i& vested in the Mayor and General Council of said City to condemn lands,, 80 leases, and all other interest in real estate, whereby possession and title to land, and as much thereof as may be necessary, may be procured by said City for the construction of sewers, as above provided, as well as plants, means, or methods for the disposal of sewage matter, all as above pro- vided, without the limits of the City of Atlanta, in whatever direction and to whatever extent it may be deemed necessary and proper within the dis- cretion of said Mayor and General Council. SECTION 306. POWER OF EMINENT DOMAIN— TANYARD BRANCH —SEWERAGE OUTLET— RIGHT TO CONDEMN ADJACENT LAMD.— " The power of eminent domain is hereby conferred upon the said City of Atlanta, in so far as may be necessary to take charge of and control the waters known as Tanyard Branch for sewerage and sanitary purposes, with the right to condemn said water-way and adjacent land as is now made and provided by law in such cases. CHAPTER XVIII. BOARD OF HEALTH. SECTION 307. BOARD OF HEALTH— HOW COMPOSED.— The Board of Health of said City of Atlanta shall be composed of a number corre- sponding to the number of Wards in said City, except that the Mayor shall be ex-officio a member of said Board, and the Chairman of the Committee of the General Council, to which is referred matters relating to the Depart- ment shall also be ex-officio a member of said Board. SECTION 308. MEMBERS OF BOARD FROM EACH WARD— HOW ELECTED — BY WHOM. — The other members shall be elected by the Gen- eral Council, one to be selected from each Ward in the City of Atlanta. SECTION 309. TWO RESIDENTS OF SAME WARD NOT ELIGIBLE AT SAME TIME. — At no time shall two residents of the same Ward be eligible or permitted to serve on said Board at the same time. SECTION 310. SHALL HOLD OFFICE THREE YEARS.— The mem- bers so elected shall hold office for a term of three years. 81 SECTION 311. QUORUM.— A majority of (the Board) shall be a quorum for the transaction of business. -•■-'. ^ •■ ■ "i ■ ■ SECTION 312. MEETINGS— HOW OFTEN— DUTIES.^It shall be the duty of said Boar(J of Health to meet weekly, or as often as may be neces- sary, to visit every, part of the City, and to report to the Mayor and Gen- eral Council all nuisances, which are likely to endanger the health of the City or of any neighborhood. SEPTION 313. ABATEMENT OF NUISANCES— REPORTS BY BOARD OF HEALTH.— Said Mayor and General Council shall have power, upon the report of said Board 6f Health, to cause such nuisances to be abated, and its recommendation to be carried out in a summary manner, at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property, upon which the same may be located, as the Mayor and General Council shall elect. SECTION 314. BOARD MAY ALSO ABATE NUISANCES.— The Board of Health of the C!ity of Atlanta may exercise the same power as is now vested in the Mayor and General Council of said City, relating to the abatement of nuisances, which are likely to endanger the health of said City, or any neighborhood therein, to such extent, and under such regula- tions as may be prescribed by the Mayor and General Council; Provided, that nothing in this section shall be construed so as to divest the power to cause such nuisances to be abated, which the said Mayor and General Coun- cil have under this Charter. SECTION 315. MAY CAUSE DRAINAGE OR FILLING OF LOTS AND CELLARS.— The Mayor and General Council of the City of Atlanta shall have full power, upon the recommendation of said Board of Health, to cause the owners of lots or cellars, within the corporate limits of said City, to drain or fill the sanie to the level of the streets or alleys, upon which said lots or cellars are located. SECTION 316. PENALTY FOR FAILURE OR REFUSAL TO COM- PLY WITH ORDER.-^If the owner of said lots or cellars, or the occupants of the same, in the discretion of the (!oiincil, shall fail or refuse, after reasonable notice to him or his agents, to feomply with the requirements of said Mayor and General Council, by draining said lots or cellars, or by filling up the same, it shall be lawful for said Mayor and General Council 82 to have this work performed, and the amount so expended collected by executions issued by the Clerk of said Council against the owner or occu- pant of the lots or cellars, as the said Mayor and General Council may elect, and a sale under said execution shall pass a complete and perfect title to the property sold as a sale by the Sheriff under a judgment and execution. SECTION 317. COMPULSORY VACCINATION— BY WHOM— PEN- ALTY FOR REFUSAL.— Said Mayor and General Council shall have full power and authority to provide by ordinance for the frequent and com- pulsory vaccination of all persons in said City by suitable qualified physi- cians to be selected by the Board of Health of said City, and to provide and enforce suitable and adequate penalties against any and all persons, who shall refuse to submit to vaccination in accordance with the provisions or requirements of such ordinance. SECTION 318. CREMATORIES— HOW ESTABLISHED AND OPER- ATED—WHERE LOCATED.— The City of Atlanta shall have power and authority upon the advice and recommendation of the Board of Health, and through the agency of said Board, or such other agency as it may select, to establish and operate crematories, as many as may be necessary, for the proper disposal of the night soil, garbage, and other refuse of said City, and at such different places as may be selected by said City, with proper consideration for the just and equal distribution of said refuse mat- ter; Provided, nevertheless, that nothing in this Act contained, shall be held or construed to affect any pending litigation; and provided further that this Act shall not be taken or construed to relieve said City from any liability for damages, which may accrue to person or property from said crematories. SECTION 319. LIVERY STABLES— WHERE LOCATED— CONDI- TIONS— LIMITS. The Mayor and General Council of the City of Atlanta shall have power and authority to determine by ordinances passed from time to time on what streets or within what limits livery stables hereafter erected shall be located, and to prohibit the erection or occupancy of places other than the places or the limits prescribed by such ordinances, and to enforce penalties for the violation of such ordinances as for violation of other such penal ordinances of said City. 83 SECTION 320. PRIVATE STABLES— HOW REGULATED— WHEN ERECTION FORBIDDEN.— The Mayor and General Council of the City of Atlanta shall have power and authority to pass and enforce ordinances providing for the location, use, and cleanliness of private stables, and for- bidding the erection or use of such stables when they are likely to be injurious to the health of citizens. SECTION 321. MAY PASS ORDINANCES FOR REGULATION OF SANITATION. — The said Mayor and General Council shall have full power to pass all ordinances that may be necessary to carry the provisions of this Act into complete and full effect. SECTION 322. SANITARY APPROPRIATION— WHEN MADE— BY WHOM EXPENDED.— The Mayor and General Council of said City, at the time the annual appropriations are made in June of each year, shall set apart and appropriate such amount as the probable income of the City will authorize for sanitary purposes, the same t.o be expended bj^ the Board of Health of said City for such purposes. SECTION 323. ACT MAY BE PLEAD AS BAR TO ACTION AGAINST MAYOR AND GENERAL COUNCIL.— This Act may be plead as, and shall be, a complete bar to any action brought against the said Mayor and General Council, or either of them, for any act done by them under its provisions and the ordinances passed in pursuance of it. SECTION 324. VACANCIES IN BOARD— HOW FILLED.— The Mayor and General Council of the City of Atlanta shall have full power and authority to fill any vacancies that may occur in the Board of Health. 84 CHAPTER XIX. PUBLIC WORKS, STREETS, SIDEWALKS, GRADES, ETC. SECTION 325. MAY LAY OUT STREETS— WIDEN— STRAIGHTEN — OTHERWISE CHANGE SAME.— The said Mayor and General Council shall have full power and authority to open, lay out, to widen, straighten, or otherwise change streets, alleys and squares in the said City of Atlanta. SECTION 326. DAMAGES— HOW ASSESSED— RIGHT OF APPEAL. — Whenever the said Mayor and General Council shall exercise the power above delegated, they shall appoint two freeholders, and the owners of said lots fronting on side-streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damages sustained, or the advantages derived, by the owner or owners of said lots, in consequence of the opening, widening, straightening, or otherwise changing said streets and alleys; and in ease said assessors can not agree, they shall select a fifth freeholder, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have the right to enter an appeal to the Superior Court of Fulton County within ten days from the rendition of said award. (General law — Code of 189.5, Sections 4657 et seq — covers the above, but none of this matter or following matter has been specifically repealed). SECTION 327. ASSESSORS BY CITY— WHEN THEY ACT— HOW.— If any property owner shall fail, after notification, to appoint assessors by the time prescribed, then the two assessors appointed by the City shall proceed to make the assessment, and, in the event they fail to agree they shall call in a third freeholder, who shall be sworn, and act with them, and the finding of the majority shall stand as the award, unless appeal be entered in conformity to law. SECTION 328. ASSESSORS— DUTIES— WHEN FIFTH ASSESSOR APPOINTED — HOW. — Said Assessors so appointed, as now provided by the Charter of said City shall, within three days after notice to them of their appointment, meet at the office of the Clerk of the Mayor and General Council of Atlanta, at twelve o 'colck M. on a day designated by said Clerk, and, if there is not a full attendance of such Assessors, those present shall adjourn until twelve o'clock on the next day, and it shall 85 be the duty of the Clerk to at once give notice to such absent Assessor of such adjournment, and appointment for another meeting. At such first day, so appointed, or the day thereafter, as the case may be, those present shall take an oath before the Mayor, or any officer authorized to administer oaths, faithfully and impartially to perform the duties, for which they are appointed, and immediately after taking and subscribing to the oath aforesaid, they shall, before proceeding to the consideration of the question submitted, select a fifth Assessor, who shall act as umpire, and take and prescribe the oath prescribed for Asessors, as above stated, and, should such fifth Assessor or umpire fail or refuse to serve, then another shall in like manner be selected, and so on until an umpire shall be chosen. SECTION 329. IF NO FIFTH ASSESSOR AGREED UPON, MAYOR AND GENERAL COUNCIL APPOINT— AWARD MADE— WHEN.— In the event that the Assessors appointed on the part of the City and those appointed on the part of the property owners cannot agree, or fail or refuse to agree on a fifth Assessor or umpire within two days after they organize, or take the oath as herein prescribed, the Clerk aforesaid shall at the next meeting of the Mayor and General Council, give notice of such failure or refusal, and said Mayor and General Council shall appoint or elect such fifth Assessor, and he, with any two or three more of the other Assessors, shall within five days thereafter proceed to make an award, and report the same as now provided. SECTION 330. MAY APPEAL FROM AWARD— PROVISO.— This Act shall not be construed to repeal, or change the right of appeal from any award to the Superior Court, which now exists, nor to repeal or change the law, which now provides the mode of procedure and assessment in such cases where the property owner or owners fail on notice to appoint Assessors appointed by said City, nor shall this Act be construed to affect the right of the City to adopt or reject any award, as now provided by the Charter thereof. (See Section 346). SECTION 331. CITY MAY DECLINE TO TAKE PROPERTY, IF AWARD TOO HIGH OR UNREASONABLE.— Whenever it is proposed that any property be taken for public use, under authority of said _ City, in any department thereof, whether for streets, sewers, waterworks, or any- 86 public purpose, and the same shall be assessed, or a price fixed, or award made as provided by law, it shall be optional with the City Government to decline accepting the property, should the price thus fixed, or award made, be deemed by the General Council to be too high or unreasonable. SECTION 332. MAY FIX SYSTEM FOR GRADING AND DRAINING STREETS. — The said Mayor and Council shall have full power and authority to establish and fix such a system of grading and draining of the streets of said City as they may deem proper. SECTION 333. PERMANENT GRADES FIXED— APPLICATION BY PROPERTY OWNER— CONDITIONS— OWNER CAN RECOVER DAMA- GES, IF INJURY DONE AFTERWARDS.— Any person or corporation owning real estate in said City, within three-quarters (%) of a mile of the carshed, desiring to improve the same, shall possess the right to have the grade of any street, bordering on the same, permanently established, by complying with the following conditions, to-wit: The' owner, his agent or attorney, shall make an affidavit stating the ownersip and description of the property, that it is intended to make improvement on, either fencing or building, or otherwise; that such improvements are to cost above the sum of one hundred dollars, and that he desires to have the grade of such street or streets established. A copy of such affidavit shall then be served on the City Surveyor or Engineer, whose duty it shall be, within thirty days thereafter, to make the necessary survey and fix the grade of such street, and make a plat or profile showing the same, and shall deliver it to the applicant, together with the affidavit of said surveyor, showing that the same is correct and fair, and upon the same being filed, together wfth the original affidavit, in the office of the Clerk of the Superior Court of Fulton County for record, the owner shall thereupon have a vested right ia such grade, and shall be entitled to recover damages from the City for any injury done to said property, should the City thereafter alter such grade; such damages to be ascertained, recovered, and paid in the manner,, in whi' ih the laws and ordinances in force at the time may provide for ascertaining, recovering, and paying damages done to property in laying out or widening streets. SECTION 334. APPLICATIONS NOT UNDER OATH— WHEN— CON- DITIONS — HOW ALTERED THEREBY.— In case the owner of any real estate in said city desires to have the grade fixed, as aforesaid, for any 87 reason other than a purpose to make improvements on the same, he shall make his application, in writing, not under oath, to the City Surveyor or Engineer, but need not incorporate any reason therein, upon which all sub- sequent proceedings shall be the same as above set forth, such written ap- plication taking the place of the affidavit provided for in the foregoing Section of this Charter; Provided that, when the party proceeds by written application, not under oath, as aforesaid, the authorities of the City shall have six months instead of thirty days, in which to make and return the survey aforesaid. SECTION 335. MAYOR AND GENERAL COUNCIL TO CONTROL 'GRADES OF STREETS FIXED BY CITY ENGINEER.— Nothing in this Charter contained shall operate to interfere with the control had by the Mayor and General Council of said City over the manner in which the City Surveyor or Engineer shall execute their instructions, or the instruc- tions of the Committees in regard to the grade of any street; but any failure or dispute, which may happen therein, shall not operate to delay, hinder, or affect the remedy given by this Act (1874) to any owner of property seeking to have his grade established as aforesaid. SECTION 336. POWER TO GRADE, PAVE, MACADAMIZE STREETS — CONSTRUCT SIDEWALKS— LAY CURBING, CROSS-DRAINS, ETC.— The Mayor and General Council of the City of Atlanta shall have full power and authority in their discretion, to grade, pave, macadamize, and other- wise improve for travel and drainage the streets and public lanes and alleys of said City, and to construct sidewalks and pave the same; to put down curbing, cross-drains, crossings, and otherwise improve the same. SECTION 337. MAY ORDER PAVEMENTS OR SIDEWALKS.— They shall have full power and authority to order such pavements or side- walks laid down as they deem proper. SECTION 338. IF NOT LAID UPON ORDER, AS ABOVE, THEN CITY MAY DO SO, AND COLLECT.— Upon failure of any person to comply with the same within the time prescribed, the said Mayor and General Council may have the same done, and levy and collect th'e expense thereof by execu- tion against the lands and goods and chattels of the owner of the lot or lots. 88 SECTION 339. MAY ASSESS COST OF SIDEWALKS AND CURB- ING. — In order to fully carry into effect the authority above delegated, said Mayor and General Council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same, on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved. SECTION 340. EQUALIZE ASSESSMENTS BY ESTIMATING TOTAL COST, AND PRORATING ACCORDING TO FRONTAGE.— Said Mayor and General Council are further authorized and empowered to adopt by ordi- nance a system of equalizing said assessments by estimating the total cost of each improvement made, and prorating the cost thereof on the real es- tate according to its frontage on the street or portion of street so improved, in proportion to the number of front feet of each lot or parcel of land abut- ting on such street or portion of street. SECTION 341. ASSESS TWO-THIRDS OF COST TO ABUTTING PROPERTY.— The Mayor and General Council shall also have full power and authority to assess two-thirds of the cost of grading, paving, macadam- izing, constructing side-drains, cross-drains, crossings, and otherwise im- proving the right-of-way, or street proper, on the real estate abutting on each side of the street improved. . . . One-third of said cost to be so assessed, as herein provided, upon the real estate abutting on one side of the street thus improved, and one-third of said cost to be assessed, as here- in provided, upon the real estate abutting on the other side of the stree. so improved, in this way making up two-thirds of the cost to be assessed against the abutting property- owners, as above provided. SECTION 342. EQUALIZE ASSESSMENTS BY ESTIMATING TOTAL COST, AND PRO-RATING ACCORDING TO FRONTAGE.— Said Mayor and General Council are further authorized and empowerea to adopt by ordinance a system equalizing said assessments by estimating the total cost of each improvement made, and prorating tlie cost thereof on the real estate according to its frontage on the street or portion of street so im- proved, in proportion to the number of front feet of each lot or parcel of land abutting on such street or portion of street. 89 SECTION 343. PETITION FOB PAVING NECESSARY— BY PROP- ERTY OWNERS— NOT GOTTEN UP BY PAVING CONTRACTORS- ENGINEER AND COMMISSIONER OF PUBLIC WORKS TO APPROVE.— In order to exercise the authority hereinbefore conferred upon said Mayor and General Council, it shall be necessary that the owners of at least one- half the real estate abutting on the street or portion of the street to be macadamized, paved, or otherwise improved, in writing petition to the Mayor and General Council to make such improvements; such petition in no case to be gotten up by paving contractors, and the work petitioned for shall have the approval of the City Engineer and the Commissioner of Public Works, who shall also furnish a statement of its estimated cost. SECTION 344. NOTICE OF PETITION TO BE PUBLISHED— HOW LONG— HOW ACTED UPON.— Upon the filing of such application, the Mayor and General Council shall cause a notice of the presentation of such petition, and of the time and place when the same will come up for consideration and action, to be published in one of the daily papers pub- lished in said City, at least ten days before an ordinance shall be passed based on said petition. When the petition comes up for action, opportunity shall be given to all persons interested to advocate or oppose the granting of the petition. An ordinance shall be passed directing the said work to be done. SECTION 34.5. DECISION OF MAYOR AND GENERAL COUNCIL FINAL AS TO RIGHTS OF PERSONS, AFTER THE WORK IS ORDERED DONE, AND IS DONE. — In all cases where the petition appears to be signed by sufficient frontage to authorize the passage of the ordinance, and the Mayor and General Council determine that it is sufficient to author- ize the passage of the ordinance, which determination shall be evidenced by the passage of the ordinance, and the work is executed thereunder, and notice has been published as hereinbefore provided for, the determination of the Mayor and General Council as to the sufficiency of the petition shall be final as to tlie rights and interests of all persons or corporations inter- ested, who have not prevented the execution of the work by an injunction or other appropriate legal or equitable remedy before it is commenced. SECTION 346. MAY REPAVE— SIMILAR PROCEDURE— WHEN.— The said Mayor and General Council shall have as full power to repave any street or alley, or portion of such street or alley, upon like petition, and 90 after proceedings, and to levy and collect assessments therefor as in cases; of original paving provided for under this Act, whenever in the judgment of said Mayor and General Council the paving originally laid on such street, or portion of street or alley is worn out to that extent that it is no longer- useful as a good pavement. SECTION 347. WORK HONE— BY WHOM— UNDER WHOSE DIREC- TION. — This work may be done under the immediate direction of the Mayor and General Council, or through the medium of Contractors, each piece of work to be separately contracted for. SECTION 348. CITY TO KEEP STREETS IN REPAIR— PAVED OR, UNPAVED. — The power and duty of the Mayor and General Council of said City to keep its streets, whether paved, or unpaved, in repair, and to pay for such repairs out of the general fund of said City is in no way affected by the passage of this Act. SECTION 349. MATERIAL FOR PAVING— HOW SELECTED.— The material to be used in paving or otherwise improving streets shall be suck as the Mayor and General Council shall select in each case. SECTION 350. MAY PAVE FOUR SQUARES OF ANY STREET CON- NECTING WITH PAVED STREETS— WHEN— UPON PETITION OF HOW MANY HOW ENFORCED. — The Mayor and General Council of said City, are authorized in their discretion to grade, pave, macadamize, and otherwise improve for travel and drainage, the streets and alleys, not exceeding four- squares thereof, which connect to other streets already improved, upon the petition of abutting owners, having less than one-half and not less than, one-third frontage, the same to be done in the manner prescribed by said Act, or amendments to the same, the cost thereof to be ascertained, paid for, and payments enforced in like manner as is or may be provided by law and ordinances of said City iu other cases. SECTION 351. MAY GRADE AND PAVE FOUR SQUARES OF ANY STREET TO CONNECT IMPROVED STREETS— WHEN— UPON PETI^ TION OF HOW MANY— HOW ENFORCED.— The Mayor and General Council of said City are authorized in their discretion, in addition to the powers conferred by the above recited Acts, to grade, pave, macadamize, and otherwise improve for travel and drainage, streets and alleys in said City, not to exceed four squares of any street or alley, a portion of which 91 street or alley is already paved or macadamized or otherwise improved when such improvements by paving, macadamizing, or otherwise, will connect a portion or portions of such street or alley already improved, or will connect an improved portion of such street or alley with another improved street or alley, upon the petition of abutting owners having less than one-half and not less than one-third frontage on the street or alley, or portion of the street or alley, the improvement of which is petitioned for, the same to be done in the manner prescribed by said above recited Acts, of which this Act is amendatory, or amendments of either of said Acts, the cost thereof to be • ascertained, paid for, and payment enforced in like manner as is or may be provided by law, and ordinances of said City in other cases. SECTION 352. ASSESSMENT A LIEN ON REAL ESTATE— WHEN.— The amount of assessment on each piece of real estate shall be a lien on ^aid real estate from the day of the passage of the ordinance providing for the work, and making the assessment. SECTION 353. PRIORITY OF LIEN OF ASSESSMENT FOR STREET OR SIDEWALK PAVING OR CURBING OR SEWERS— DATES FROM PASSAGE OF ORDINANCE.— The lien given by existing law to the City of Atlanta for assessments upon abutting property, and also upon the prop- erty of street railroad companies, for street or sidewalk paving or curbing, or the construction of sewers, shall have rank and priority of payment, next in point of dignity to the liens in favor of the City of Atlanta for taxes ■due said City, such lien and priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in •each case. , SECTION 354. MAY ENFORCE PAYMENT OF ASSESSMENT— HOW —EXECUTION ISSUED AND LEVIED— HOW.— The Mayor and General Council of said City shall have authority to enforce the collection of the amount of any assessment so made for work either upon streets or sidewalks, by execution to be issued by the Clerk of Council against the real estate assessed, and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the Marshal of said City on such real estate, and after advertisement and other proceedings as in cases of sales for City taxes, the same may be sold at public outcry to the highest bidder, and such sale vests title in the purchaser as in case of tax sales, provided that the defendant shall have the right to file an affidavit 92 denying that the whole or any part of the amount for which the execution issued is due, and specifying fully the grounds of such denial of liability, and stating what amount he admits to be due, which amount so admitted to be diLie shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of Fulton County, and there tried,, and the issue determined as in cases of illegality, subject to all the pains, and penalties provided in cases of illegality for delay; Provided, the Judge of said Superior Court shall have authority to dismiss any such affidavit of illegality for insufficiency before the time, when the same would regularly come up for trial. SECTION 355. MAY KEDEEM PROPEETY SOLD UNDER EXECU- TION FOR PAVING AS IN CASE OF TAX SALES.— At all sales of prop- erty hereafter made under execution made in behalf of the City for the collection of street, sewer, and other assessments, the owner or owners, an. the case may be, shall be authorized to redeem the same within the same time, on compliance with the same terms, and payment of same premiums^ interest and cost as in cases of redemption of property where sold under tax fi. fa. or fi fas. as now is, or from time to time may be, provided by law. REQUIREMENTS OF STREET RAILROADS. SECTION 356. STREET RAILWAY PAYS FOR ELEVEN FEET OF PAVING, WHETHER PAVING IS LAID BEFORE OR AFTER LAYING THE TRACK OR TRACKS. — Any street railroad company or street railway company having tracks running through any street or portion of street, which is to be paved or repaved by said City under the assessment plan provided for by the Charter or the general law of the State, shall be re- quired to pay the whole cost of paving, repaying, or otherwise improving eleven feet in width of said street or portion of street, whether such com- pany has one or more lines of track therein; and in case any street railway or street railroad company shall construct one or more lines of track in any street or portion of street already paved, it shall likewise pay for the paving of eleven feet in width of the street or portion of the street occupied by its tracks, according to the then value of the payment, to be judged of by the Mayor and General Council. 93 SECTION 357. MUST PAVE BETWEEN THE RAILS OF EACH LINE •OF TRACK, AND FOUR INCHES OUTSIDE.— Whenever jsmj street railway company lays a double track or line on any street in said City, and such street shall at the same time or thereafter be macadamized, or otherwise paved, such street railroad company shall only be required to macadamize or otherwise pave between the rails of each lien of track, and for four inches outside thereof, this being equivalent to paving as now and hereafter required by law and Charter of said City. SECTION 358. CERTAIN PAVING MAY "BE REQUIRED OF STREET RAILROAD, WHERE IT OCCUPIES AN UNPAVED STREET— PUBLIC COMFORT AND SAFETY.— When the consent of said City is given to the laying of street railroad tracks in or on a street, which is unpaved and 'without pavement improvement, said City may prescribe and require that the tracks shall be so laid, and such paving done between the tracks, and for such space on each side thereof, as will preserve the use, comfort, and safety of such street for the public. SECTION 359. SHALL PAY FOR PAVING, WHEN TRACKS ARE LAID ON PAVED STREETS— DISCRETIONARY WITH COUNCIL— NOT T'O EXCEED PAVING BETWEEN TRACKS AND FOUR INCHES ON EACH SIDE. — When street railroad tracks are laid in said City on a street, which has already been paved or permanently improved, and upon which said Company has no track, said City may require such contribution or payment to said City for said City, and the owners of abutting property •at the time of laying such tracks on account of the paving or pavement improvement of any such street as the Mayor and General Council of said ■City may deem proper (but such amount shall not be greater than in cases provided for under Section 1 of this Act.) (Charter amendment, 1891.) - SECTION 360. CITY MAY ENFORCE PAYMENT— MAY WITHHOLD CONSENT TO LAY TRACKS, CONDITIONED UPON PAYMENT.— Said City may regulate and enforce the payment or collection of such amount of 'contribution, and may require payment of same before consent granted to lay such tracks, and may grant consent conditional on such payment there- after. SECTION 361. STREET RAILROAD LIABLE FOR PRO RATA OF REPAYING. — Such street railroad company shall be liable for its pro rata •of the costs to repave, when the same is done according to law. 94 SECTION 362. M^\Y ASSESS EAILROADS AND STREET RAIL- ROADS FOR IMPROVEMENTS CONTIGUOUS TO DEPOTS— HOW EN- FORCED. — Whenever the public interest may so require, the Mayor and General Council of said City may, by ordinance, assess any railroad or street railroad company, as named in the caption, to improve the streets or side- walk or' both, or any sewer or drain, contiguous to the freight or passenger depot, and to do part or all said work as right and justice may dictate, whether such work be petitioned for or not; and the mode of procedure and remedies to enforce the same shall be those provided for street or sewer improvement in other cases as now are or may be provided by law and the ordinances of said City. SECTION 363. CITY MAY TRANSFER BILLS AND EXECUTIONS FOR PAVING, CURBING, SIDEWALKS, OR SEWER ASSESSMENTS.— The City of Atlanta is hereby authorized and empowered to transfer in pay- ment of debts against said City, bills and executions in favor of said City for the cost of curbing, sidewalks, granite block and other street pavements, and of bills and executions for sewer assessments, whether such bills and executions be held by said City against abutting land-owners or against street railroad companies for furnishing and laying curbing, sidewalks, gran- ite block and other street pavements and sewer assessments. SECTION 364. LIEN OF ASSESSMENT NOT IMPAIRED BY TRANS- FER ABOVE. — The lien in favor of said City against abutting land and the owners thereof, and against street railroad companies, now provided by law, shall not be impaired or in any manner affected by this Act, but the same "shall exist, and may be enforced in the name of the City for the benefit oi the transferee until the assessment shall be paid. Such bills and executions against street railroad companies, when so transferred, shall be paid, and collections shall be enforced, as is now required and prescribed by law. SECTION 365. ASSESSMENTS MAY BE PAID ALL CASH IN 30 DAYS— OR INSTALLMENTS. ONE-FOURTH CASH— BALANCE ONE, TWO AND THREE YEARS— MUST PAY ONE-FOURTH, HOWEVER, IN THIRTY DAYS. — Such bills against abutting landowners, when so trans- ferred, shall become due and payable as follows: Payment shall be made within thirty days after the completion of the work, and presentation of the bill therefor to the person liable for the same or his agent. If the person ■so liable should not prefer to pay all the assessment within thirty days, he 95 may pay twenty-five per cent, thereof in cash within the thirty days, and twenty-five per cent, per annum each year for three years thereafter, with interest at the rate of seven per cent, per annum on all such deferred pay- ments; Provided, however, that this privilege of paying part cash and post- poning the payment of the balance, shall not exist unless the person liable' for the assessment shall within the thirty days aforesaid pay the twenty- five per cent., and shall in writing, delivered to the transferee, declare his election to have the payment of the balance postponed, as herein above mentioned. SECTION 366. LIEN OF EXECUTIONS PEESEEYED— ENFORCED IN NAME OF CITY, WHETHEE TEANSFEEEED OE NOT.— If default shall be made in making a deferred payment, then all the unpaid assess- ments shall thereby become due and payable, and collection thereof shall be enforced as if no postponement had been made. All proceedings to. collect the transferred assessments herein above mentioned, whether the transfers have been made of bills or of executions, shall be conducted as if no transfer had been made, and shall be had in the name of the City of Atlanta. SECTION 367. CITY NOT LIABLE TO CONTRACTOE AFTEB TEANSFEE IS MADE AND ACCEPTED AS PART PAYMENT.— But said City of Atlanta shall not be liable to the contractor for all or any- part of an assessment after the same shall have been accepted by the- contractor as a payment on the debt due him for the work. SECTION 368. TRANSFERS RECORDED AS ARE TAX FI. FAS.— The transfer of executions, as aforesaid, shall be recorded, as in . case of transfer of State and County tax fi. fas. SECTION 369. ALL PUBLIC WORK DONE UNDER DIRECTION OF COMMISSIONER OF PUBLIC WORKS— ENGINEER FURNISHES' SUEVEYS AND PROFILES, ETC.— All work done in accordance with the above shall be done under the direction of the Commissioner of Public W^orks. Surveys, grades, plans, profiles, and other like work shall be done by the Engineer of said City, and be furnished to said Commissioner. SECTION 370. (COMMISSIONER OF PUBLIC WORKS— HOW ELECTED— WHEN.— The qualified voters of the City of Atlanta on the 96 first Wednesday in December, 1894, and every two years thereafter, shall elect a Commissioner of Public Works. SECTION 371. DUTIES OF COMMISSIONER OF PUBLIC WORKS- HOW DEFINED.— The Mayor and General Council of said City shall, by ordinance, from time to time, define the powers and duties of said Commissioner of Public Works, and shall before each election of said Commissioner of Public Works, fix the compensation of said officer, which shall not be increased or diminished during his term of office. SECTION 372. OATH OF OFFICE.— He shall also take an oath before said Mayor that during his continuance in office, he will make all appoint- ments 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 interests or personal favor or interests of any other individual, whether member of Council 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 General Council, and approved by the Alder- manic Board, in case such approval be required by law. SECTION 373. COMMISSIONER OF PUBLIC WORKS MAT BE CONSOLIDATED WITH OTHER OFFICE OR OFFICES.— It shall be in the power of the General Council 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 Commissioner of Public Works, and to discontinue or abolish such position thus rendered unnecessary. SECTION 374. HE SHALL FILE A STATEMENT OF HIS REAL ESTATE INTERESTS— PRESENT OR FUTURE— REMOVAL FROM OFFICE PENALTY FOR FAILURE.— The said Commissioner of Public Works, before entering upon the duties of his office, shall file with the City Clerk a statement in writing, showing all 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 97 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 375. EXTENSION OF ALABAMA STREET AUTHORIZED — PROVISO. — Authority is hereby conferred upon the City of Atlanta to open and extend Alabama Street, in said City, from the central portion of said City westerly through land belonging to the State. The portion of the State's land, through which authority is hereby granted to said City to open and extend said Alabama Street is described as follows, to-wit: A strip of land sixty feet wide and five hundred feet long on the North side, and three hundred feet long on the South side of said proposed street, having an area of twenty-four thousand (24,000) square feet, and running through the Southwest corner of the State's Western and Atlantic Railroad vacant property (a plat of which for reference is filed herewith) : Provided, that this grant of authority is expressly made subject to the rights of the present lessess of the Western and Atlantic Railroad under the Act providing for the lease of the same, approved November 12, 1889; the lessees of said Western and Atlantic Railroad having in writing assented thereto. SECTION 376. THIS GRANT DOES NOT IMPAIR LESSEES' RIGHTS— CITY SHALL FIRST PAY THE STATE $2,500.00.— The inten- tions and purposes of this Act are to confer the grant aforesaid only as to the right and interest of the State without the impairment of any rights of lessees as aforesaid under Acts providing such leases: Provided, that before the rights conferred by this Act on the City of Atlanta shall have any force or effect, said City shall first pay into the Treasury .of this State the sum of twenty-five hundred ($2,500.00) dollars, and this payment may be made at any time within six months from the approval of this Act, and on making such payment all the rights and provisions of this Act, shall by virtue of the same, have full force and effect. SECTION 377. THE CITY MAY ENCROACH ON WESTERN AND ATLANTIC RAILROAD PROPERTY, IN MAKING ALABAMA STREET EXTENSION— FOR WHAT PURPOSE—CONDITIONS.— The City of Atlanta is hereby authorized in extending West Alabama Street from its 98 "present terminus, westward across the property of the Central Railroad, and the property of the State of Georgia, leased by the Western and Atlantic Railroad Company, at th/B point where the proposed street extension touches the Western and Atlantic Railroad property belonging to the State at grade * * * * to make an encroachment on said Western and Atlantic Railroad property lying on the South side of said proposed extension, for the purpose of constructing a roadway from said street extension into the property of the Central Railroad Company of Georgia, also lying on the South side of said proposed street extension; the location and size of which encroachment shall be such as indicated "by the plat aforesaid; Provided, that before making such encroachment «aid City of Atlanta obtains consent of the Western and Atlantic Railroad Company, present lessees of the Western and Atlantic Railroad, and the property to be encroached upon as aforesaid, and also of the Central Rail- Toad and Banking Company of Georgia. SECTION 378. MAY EXTEND ALABAMA STREET ACROSS RAIL- ROADS—CONSTRUCT BRIDGE — PROVIDE FOR PAYMENT. — The Mayor and General Council of the City of Atlanta may, in their discretion, provide for the erection of a bridge over the tracks of the Central of Georgia Railway Company, and do all other work necessary to the ex- tension of West Alabama Street to a point at or near the junction of Rhodes and Elliott Streets in said City, and in their discretion may extend an arm of said bridge or roadway, or said bridge and roadway, so as to connect with West Hunter Street at a point West of the tracks of the Southern Railway Company, formerly East Tennessee, Virginia and Georgia Railway Company, in said City, and to provide for the paying of the expenses of constructing said bridge and extending said street partly out of the income of said City for the year 1897, and the balance from the income of said City for the years 1898, 1899 and 1900, or any one or more of said years, in the discretion of said Mayor and General Council. SECTION 379. MAY INSTITUTE CONDEMNATION PROCEEDINGS FOR RIGHT OF WAY.— The Mayor and General Council of said City shall have power and authority, in their discretion, to institute condemnation proceedings for the purpose of acquiring a right of way for the proposed bridge over, across or under, or partly over, partly across, or partly under 99 the rights of way and other property- of the Central of Georgia Railway Company and the Southern Railway Company, formerly the East Tennessee, Virginia and Georgia Railway Company, such condemnation proceedings to be conducted in accordance with the requirements of an Act providing a uniform method of exercising the right of condemning, taking or damag- ing private i^roj^erty, approved December 18, 1894; Provided, however, that it shall be within the discretion of the Mayor and General Council of the City of Atlanta, as heretofore provided by the charter of said City, to accept or reject the awards made by the Assessors within the time limited by the Charter of said City. SECTION 380. RAILROAD COMPANIES REQUIRED TO ERECT BRIDGES WHERE THEIR TRACKS CROSS STREETS— IN DISCRETION OF COUNCIL— PROTECTION OF HUMAN LIFE.— The Mayor and General Council of said City of Atlanta are hereby authorized and empowered to require all railroads and I'ailroad companies to erect suitable bridges across their tracks and road-beds, where the same cross the public streets of said City, in all cases in which said Mayor and General Council shall declare the same necessary for the protection of human life. It shall also be the duty of railroads or railroad companies having bridges erected, or when they may hereafter erect bridges across their tracks and road- beds, where the same cross the public streets of said City, to keep said bridges, and the approaches thereto, and the foundations and pillars and supports thereof, in safe condition, and so as to admit of comfortable travel on any such street. SECTION 381. BRIDGES BUILT OR REPAIRED BY CITY AT EX- PENSE OF RAILROADS — WHEN. — In case of the failure of any railroad or railroad company, after reasonable notice to do so, to build or repair a bridge, or the approaches thereto or otherwise, as provided above, said Mayor and General Council shall' have the authority to do such building, repairing, or putting in safe and comfortable condition, at the expense, with interest and cost, of such railroad or railroad company, for which execution may issue, as other executions are issued by said City, and be levied on any property of such railroad or railroad company; and such execution shall bear interest at the rate of seven per cent, per annum. Provided, that nothing in this Section contained shall require railroads and railroad companies to build bridges otherwise than is required by 100 the general laws of this State, or the charters of such railroad companies, respectively, except in all cases in which a public street was in existence before the tracks and road-beds of any such railroad or railroad companies were laid or placed across any such public streets. SECTION 382. MAYOR AND GENERAL COUNCIL MAY REGULATE BUILDING AND REPAIRING OF BRIDGES— FOR WHAT PURPOSE.— Said Mayor and General Council shall have the authority to regulate the building and repair of such bridges, in so far as to declare the general character of such bridges or repairs, suitable to be made, and to provide for the drainage, light, and comfort of said bridge and the street adjacent thereto or thereunder, and to provide for the least obstruction by supports and otherwise of any portion of the street, practical and consistent with safety. •SECTION 383. WAVERLY PLACE— WASHINGTON STREET VIA- DUCT^ORDINANCE RATIFIED— VACATION OF WAVERLY PLACE— b^URTHER ORDINANCES AUTHORIZED, IF NECESSARY.— The action of the Mayor and General Council of the City of Atlanta in passing the ordinance approved December 23, 1904, and the amendment thereto, ap- proved January 21, 1905, providing for changing Waverly Place from its present location; for the securing of the Washington Street viaduct across the Georgia Railroad yards, and for the vacation of Waverly Place as changed, and for the other purposes therein set forth, is hereby ratified and confirmed, and said ordinance and amendment are hereby authorized, and authority is hereby conferred upon the said City of Atlanta and the Mayor and General Council to enact such further ordinances and resolutions as may be necessary to carry out and enforce the ordinance first above stated, and the purposes therein stated, including the power to vacate and abandon Waverly Place as to both its present and changed location, subject to all the terms and conditions imposed by said ordinance and amendment, provided the terms of said ordinance shall apply to the Louisville and Nashville Railroad Company or the assigns or privies of the Atlanta, Knoxville and Northern Railway Company, and the railroad companies referred to in said ordinance, or any and all of them, and bond shall be given accordingly as contemplated in said ordinance. 101 SECTION 384. AUTHORITY TO CLOSE PAETS OF RHODES AND* MANGUM STREETS IN CITY.— The action of the Mayor and General Council of the City of Atlanta in adopting the report of the Committee on Streets on the petition of Gate City Terminal Company, approved by the Mayor on November 24, 1906, providing 'for the closing and vacation of Rhodes Street from Haynes Street to Jones' Alley, and for the closing and vacation of Mangum Street from Hunter Street to Foundry Street, and for other purposes, set forth in said report so adopted by the Mayor and General Council, is hereby ratified and confirmed, and said report, as adopted by the Mayor and General Council is hereby authorized, and the consent of the State is hereby granted to the closing and vacation of said Rhodes Street from Haynes Street to Jones' Alley, and said Mangum Street from Hunter Street to Foundry Street; and authority is hereby conferred upon the said City of Atlanta and the Mayor and General Council to enact such further ordinances, resolutions, and votes as may be necessary to carry out the report of the Committee adopted by the Mayor and General Council above referred to, and the purposes therein stated, and to make any amendments or changes in the said report as the Mayor and General Council may from time to time enact by ordinance, resolution or vote, including the power to vacate and abandon Rhodes Street from Haynes Street to Jones' Alley, and Mangum Street from Hunter Street to Foundry Street, and permitting the changing in location and in grade,, diverting, interfering with, and crossing the various other streets, as set out in said report, and to make any amendments or changes to the said report permitting other or different methods of changing the location and grade or crossing, or interfering with, the various streets set out in said, report, by the Gate City Terminal Company, its successors and assigns. CHAPTER XX. POLICE— BOARD OF POLICE COMMISSIONERS. SECTION 385. BOARD OF POLICE COMMISSIONERS--HOW COM- POSED. — The Board of the Commissioners of Police shall consist of one member from each of the Wards in the City, now eight, but, if hereafter changed and the number of Wards increased, said Board shall have its 102 membership enlarged, so as to have therein one member from the residents of each of the Wards of the City. SECTION 386. — EX-OFFICIO. — The Mayor and Chairman of the Police Committee of the General Council shall be members of said Board, ex- officio. SECTION 387. TERMS.— At the termination of the present term of of- fice the successors shall be elected for a term of three years each, and when other members are added to the Board, under the provisions of this Section, they shall be likewise elected to serve for a term of three years each, on the first Monday in March following the addition of such new members to said Board, except the first members elected under this provision in order to complete the membership of said Board as herein required. SECTION 388. ELECTION. — This election shall be held at the first meeting of the General Council following the passage of this amendment. SECTION 389. TERMS. — Such number shall be elected to serve from said date and for a period of three years from the first Monday in March next, but, also, including the intervening time between date of election and the first Monday in March next. At the first regiflar meeting in March in each succeeding year, an election shall be held to elect, for the term of three years, a Commissioner or Commissioners whose term or terms may then expire. SECTION 390. VACANCY. — Should a vacancy occur in the Board dur- ing the year 1874, from other cause than the expiring of a regular term, an election to fill it shall be immediately held by the Council, any year thereafter by the General Council, and such incumbent shall hold until the unexpired term shall expire, and until his successor is elected and qualified. SECTION 391. TERM.^ — Each regular term shall begin at the date of the election, and close as hereinafter declared, and until a successor is elected and qualified. SECTION 392. OATH OF OFFICE. — Each member of the Board, before entering on the duties of his office, shall take and subscribe this oath of office before some officer authorized to administer it: "I swear that 103 i will faithfully and impartially demean myself as a Commissioner of Police during my continuance in office. I have not, in order to influence my election to this office of Commissioner, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the City of Atlanta, nor for any other office. I will not knowingly permit my vote, in the election or appointment of any person to position on the police force, to be influenced by fear, favor, or afl'ection, reward, or the hope thereof, but in all things pertaining to my said office I will be governed by my conviction of the public good. ' ' SECTION 393. OATH ENTERED UPON MINUTES — ORIGINAL FILED WITH CLERK OF COUNCIL. — The oath shall be entered on the minutes of the proceedings of the Board, and the original shall be filed in the office of the Clerk of the City Council. SECTION 394. QUORUM. — Three shall constitute a quorum, with power to transact business. SECTION 395. MEETINGS— HOW OFTEN.— They shall hold a stated meeting each month, and such other meetings as the public interest may from time to time require. SECTION 396. SHALL KEEP A RECORD OF PROCEEDINGS.— They shall keep a record of their proceedings, and one of said Board shall act as Clerk thereof. SECTION 397. SHALL ELECT CHIEF OF POLICE AND OTHER OFFICERS. — The Board of Police Commissioners thus elected and qualified shall have the exclusive power, and it shall be their duty, to appoint a Chief of Police, and such other police officers and policemen as is or may be prescribed by City ordinance. SECTION 398. BOARD EXERCISE CONTROL OF POLICE FORCE.— They shall exercise full direction and control of officers and members of the police force, in conformity to existing laws and ordinances, and such as may be made applicable to the subject. SECTION 399. THE POLICE FORCE- HOW COMPOSED.— The police force of said City shall consist of a Chief of Police, and such other officers and men as the City shall by ordinance prescribe. 104 SECTION 400. ELECTION OF CHIEF AND OTHER OFFICERS— AVHEN— ON WHAT CONDITION— TERM INDEFINITE.— Said Chief, officers and men shall be elected on the 2nd day of April 1907, or prior to that date, if said Chief, officers and men shall resign from their present term, and thus relieve the City from its contracts, and, when so elected, shall serve without any fixed term or employment. SECTION 401. SERVE DURING GOOD BEHAVIOR AND EFFI- CIENT SERVICE— MAY BE DISCHARGED BY THE BOARD AT ANY TIME. — Said Chief, officers, and men so elected shall serve during good behavior and efficient service, both of which to be judged of by the Board of Police Commissioners. Said Board of Police Commissioners shall be authorized at sfny time to , discharge the Chief, officers, or men, or other employees of their department, without any liability attaching to the duty on account of said discharge. SECTION 402. BOARD TO ESTABLISH RULES ON CIVIL SERVICE PLAN— ALL OFFICERS AND EMPLOYEES TO SERVE UNDER CIVIL SERVICE RULES. — Said Board shall furthermore establish rules and regulations for said department on the civil service plan, and all the officers and employees thereof shall serve under civil service rules during good behavior and efficient service, to be finally and exclusively judged of by said Board. SECTION 403. MEMBERS OF POLICE FORCE TAKE OATH— GIVE BOND AS MAY BE REQUIRED BY ORDINANCE.— They shall take an oath faithfully and impartially to discharge the duties imposed on them by the laws of the State, and the ordinances of the City, and shall give such bonds as may be required of them by the City ordinances. SECTION 404. DUTIES OF POLICE FORCE.— It shall be their duty to make arrests of any persons violating the ordinaces of said City, with or without summons, and also with or without warrant. They shall likewise make arrests of any persons, who have violated the statutes of said State, and their arrests for such violations are hereby authorized, either with or without warrants therefor. They shall perform such other duties as may be imposed by the laws of the State, and ordinances of the General Council. 105 SECTION 405. THEIE COMPENSATION— HOW FIXED— NO EX TRA PAY OR ALLOWANCE. — Their compensation shall be prescribed by ordinance, and shall not be increased or diminished during any calendar year. No extra pay or allowance or cost shall be made to any officer or members of said department. SECTION 406. FORCE TO BE ARMED AND UNIFORMED.— The Mayor and General Council shall cause the entire police force of the City to be armed and so uniformed as to be readily recognized by the public as peace officers. SECTION 407. CITY FURNISH ARMS— REMAIN CITY'S PROP- ERTY—MAY FURNISH UNIFORMS IN DISCRETION OF MAYOR AND GENERAL COUNCIL. — The arms to be furnished at the expense of,, and to remain the property of the City. The Mayor and General Council shall have authority to furnish uniforms at the public expense to the members of the Police and Fire Departments in the discretion of such Mayor and General Council. SECTION 408. FAILURE TO PERFORM DUTY— PENALTY— SUS- PENSION OR DISMISSAL.— For a failure to perform any duty required by law or the ordinances of the City, or the rules of said Board, the officers and members of said department are subject to be suspended, either definitely or indefinitely, or removed from office, by the decision of the Board of Police Commissioners, whose decision shall be final, and, when said officers or members are dismissed, no liability shall attach to the City for any further compensation. SECTION 409. MODE OF PREFERRING CHARGES— ANY MEMBER OF FORCE MAY BE SUSPENDED, TILL SESSION OF BOARD TO HEAR THE CASE. — The mode of preferring charges against any officer or member of said department, and the manner of their trial, shall be prescribed by the rules of said Board. The Chief, any officer, or member, or employee of said department, may be suspended in the manner provided by the rules of said department until the session of the Board of Police Com- missioners, at which the hearing may be had and sentence adjudged. SECTION 410. IN CASE OF VACANCY BY SUSPENSION, HOW FILLED. — In case any officer or member or employee of said department is ]G6 suspended, said Board shall provide for appointments to fill the vacancies, during the suspension of the officer, or member, or employee. SECTION 411. CIVIL SERVICE RULES AND REGULATIONS TO GOVERN. — The Mayor and General Council are given full, complete, and unqualified authority to establish, for the department of police, civil service^ rules and regulations, to the end that officers, members and employees shall serve during good behavior and efficient service, and to be promoted' according to efficient service and length of time employed in said depart- ment, all of which to be adjudged of by said Board. SECTION 412. ALDERMEN AND COUNCILMEN EX-OFEICIO JUSTICES OF THE PEACE— MAY ISSUE WARRANTS TO BE EXE- CUTED BY MARSHAL OR CHIEF OF POLICE— COMMIT TO JAIL,. ETC. — Each member of the Board of Aldermen and each member of the Board of Councilmen shall be, to all intents and purposes, a Justice of the* Peace, so far as to enable them, or any one, or either of them, to issue^ warrants for offenses committed within the corporate limits of said City,, which warrants shall be executed by the Marshal or Chief of Police, or either of the Lieutenants of Police, and to commit to jail in the County of Fulton, or to admit to bail offenders, provided the offense is bailable,, for their appearance before the next Superior Court thereafter for the- County of Fulton, and it shall be the duty of the jailer of said County to. receive all such persons so committed, and safely keep the same until dis- charged by due course of law. CHAPTER XXI. RECORDER— RECORDER'S COURT. SECTION 413. CITY RECORDER— HOW ELECTED— BY WHOM— TERM OF OFFICE. — The Mayor and General Council may, in their dis- cretion, elect a Recorder. He shall hold his office for the term, as provided under the 20th Section of this Charter (1874), unless removed for cause, to be judged of by the Mayor and General Council. SECTION 414. RECORDER MAY HOLD ANY OTHER OFFICE— CANNOT CONFLICT, HOWEVER— DUTIES, HOW DEFINED.- The Re- 107 corder may hold any other office not necessarily conflicting with his duties as Recorder. His duties not herein enumerated may be prescribed by ordinance. SECTION 415. HIS DUTY— HIS AUTHORITY.— It shall be the duty of the Recorder, when so elected, to preside at the City Court, known as the Mayor 's Court, with as full and ample authority to try and dispose of all cases within the jurisdiction of the Mayor's Court, as the Mayor has under the provisions of this Charter. SECTION 416. POWERS— SHALL TRY OFFENDERS.— When sitting as a Recorder 's Court, he shall have full power and authority concurrent with the Mayor, Mayor pro tem, or one member of the General Council, to try all offenders against the ordinances of said Citj', and impose such penalties for violation thereof as may be prescribed by the ordinances of said City. SECTION 417. OATH OF OFFICE. — Before entering upon the duties of his office, he shall take and subscribe an oath before some officer authorized to administer it, faithfully to discharge the duties of the same. SECTION 418. VACANCY— HOW FILLED.— In case of the death, removal, or resignation of the Recorder, the Mayor and General Council may elect a successor to fill the unexpired term. SECTION 419. MAY BE REMOVED FOR CAUSE— BY WHOM.— He may at any time be removed by the Mayor and General Council for cause, to be judged of by them. SECTION 420. JURISDICTION AS TO TRIAL AND ABATEMENT OF NUISANCES— PROVISO.— The jurisdiction now vested in the Mayor and General Council of said City, under and by the laws of this State, as contained in the Code of Georgia of 1895, in Sections 4760 to 4768 inclusive, in respect to the trial and abatement of nuisances as set forth in said Code and Sections, be and the same is hereby devolved upon and vested in the Recorder's or Mayor's Court of said City. Said Recorder's or Mayor's Court shall have the same jurisdiction, power and duty as to the trial and abatement of said nuisances as the Mayor and General Council of said City has heretofore had, and said Mayor and General Council are hereby relieved of jurisdiction and duty to try, hear, or abate such 108 nuisances; Provided, and except that nothing in this Act contained shall divest the Mayor and General Council or Board of Health of said City of jurisdiction as to nuisances affecting health, as now provided by law. SECTION 421. ONE MEMBER OF GENERAL COUNCIL MAY HOLD RECORDER'S COURT— REGULATION OF CALL UPON MEMBERS BY ORDINANCE. — Any one member of the General Council of said City is hereby authorized and empowered to preside in and hold the Recorder 'a or Mayor 's Court of said City, whenever from any cause the Recorder^ Mayor, or May pro tempore, of said City cannot be in attendance to hold the same, and the Mayor and General Council of said City are hereby authorized to provide and regulate by ordinance how the designation of or call upon any member of the General Council to preside as aforesaid shall be made. SECTION 422. RECORDER PRO TEM— MAY CREATE THE OFFICE —PRESCRIBE DUTIES— FIX COMPENSATION, ETC.— The Mayor and General Council of the City of Atlanta are hereby authorized and em- powered to create the office of Recorder pro tem, to fix his term of office,, prescribe his duties, and provide for his compensation. SECTION 423. RECORDER PRO TEM— WHEN HE SERVES— CLERK OF RECORDER'S COURT MAY ACT AS RECORDER PRO TEM.— The Mayor and General Council of the City of Atlanta are hereby authoi-ized and empowered to create the office of Recorder pro tem, to fix his term of office, prescribe his duties, and provide for his compensation; said Recorder pro tem shall have the same authority to serve during the absence or disability of the Recorder as is now vested in the Mayor,, Mayor pro tem. Aldermen, and Councilmen by said Charter, and the designation of a Recorder pro tem to serve in the absence of the Recorder shall be on the same basis as Aldermen and Councilmen are now designated to preside in the Recorder 's Court during the absence or disability of the Recorder. This amendment shall in no wise interfere with, or repeal the authority heretofore vested in the Mayor, Mayor pro tem, Aldermen, and Councilmen, to preside in the Recorder's Court, but said General Council shall, by ordinance, provide a method of selecting one to preside in the Recorder 's Court, when necessary, from those qualified under the charter and amendments thereto governing the said City. 109 SECTION 424. CLERK OF RECORDER'S COURT ELIGIBLE AS :REC0RDER pro TEM— without additional COMPENSATION, HOWEVER.— The Clerk of the Recorder's Court shall be eligible to fill the position of Recorder pro tern, but, when said Clerk is selected therefor, le shall serve without additional compensation. CHAPTER XXII. SCHOOLS— BOARD OF EDUCATION. SECTION 425. PUBLIC SCHOOLS— POWER TO ESTABLISH— MAIN- TAIN— REGULATE.— The Mayor and General Council of said City are here- by empowered to maintain a system of public schools, as now established by law, in the said City, which shall be free to all the children within the said City. And the said Mayor and General Council shall by ordinance, or otherwise, in their discretion, provide for appropriate agencies to regulate, improvise, and carry on said system of schools, and render the same -efficient. SECTION 426. BOARD OF EDUCATION— HOW COMPOSED— EX- ■OFFICIO MEMBERS.— The Board of Education of the City of Atlanta shall be composed of eight members, one from each Ward, and the Mayor and Chairman of the Committee of Council on Public Schools shall be ex- officio members, and shall hereafter be recognized as one of the regular Boards of the City Government provided for by the Charter of said City. SECTION 427. EXISTING BOARD CONTINUED— SUCCESSION PRO- VIDED FOR. — These provisions shall apply to the existing Board of Education (1897), the members of which shall continue in office until the end of the terms, for which they have been elected respectively, unless vacancies shall occur by death, resignation or removal from office; and any vacancy so occurring shall be filled by elections by the Mayor and •General Council. SECTIN 428. MEMBERS OF BOARD— HOW ELECTED— TERM OF OFFICE. — Vacancies occurring by expiration of term shall be filled by •elections by the Mayor and General Council at the regular meeting next 110 preceding the expiration of such term, and members thus elected shall hold office for a term of five years, and until their successors are elected and qualified. SECTION 429. BOARD ELECT SUPERINTENDENT— TEACHERS AND OFFICERS OF PUBLIC SCHOOLS— GOVERN SCHOOLS IN CON- FORMITY WITH ORDINANCES.— The Board of Education shall elect the Superintendent, teachers, and other officers of the public schools, and shall have supervision and government of such schools in conformity with existing ordinances, and such as may be made by the Mayor and General "Council. SECTION 430. BOARD CAN NOT BIND CITY FOR CONTRACTS IN EXCESS OF APPROPRIATION.— The Board of Education shall not have power to bind the City of Atlanta by contracts for the purchase of school property, or erection of school houses, or the furnishing thereof, or for salaries of officers or teachers, for any sum in excess of the annual appropriation made by the Mayor and General Council for the support •of the public schools. CHAPTER XXIIL €ITY ATTORNEY— €ITY ENGINEER— CITY SEXTON— BUILDING INSPECTOR. SECTION 431. CITY ATTORNEY— CIITY ENGINEER— CITY SEX- TON—ELECTION OF— WHEN— HOW OFTEN— HOLD OFFICE SUB- JECT TO REMOVAL FOR CAUSE.— There shall be elected by the qualified voters of said City on the first Wednesday of December, 1894, and bi- ennially thereafter, a City Attorney. City Engineer, and City Sexton, who shall each hold his office for the time prescribed by the 20th Section of this Act (1874), unless removed for cause, to be judged of by the Mayor and General Council. SECTION 432. SEXTON SHALL GIVE BOND.— The City Sexton shall •«nter into bond, with good security, payable to said City of Atlanta, in an amount to be fixed and judged of by the Mayor and General Council for the faithful performance of the duties of his office. Ill SECTION 433. DUTIES OF ABOVE OFFICERS.— Their duties shall be prescribed by ordinance. SECTION 434. OATH OF OFFICE.— Before entering on the discharge of their duties, they shall each take an oath before some officer authorized to administer it, to faithfully perform the duties of their offices. SECTION 435. COMPENSATION— HOW FIXED,— They shall each, receive a reasonable salary, to be fixed by the Mayor and General Council the year next preceding their election, which shall not be increased or diminished during their continuance in office. (Original Charter of 1874 provided for three building inspectors, which has since been reduced in number to one. The original provisions of the Charter are retained, as throwing light upon the office and duties of the single inspector). SECTION 436. BUILDING INSPECTORS— NUMBER— HOW ELEC- TED—MUST BE RESIDENTS OF CITY.— The Mayor and General Council of the said City at the meeting when the other officers are elected, or at any subsequent meeting of said Mayor and General Council shall have full power and authority to elect three freeholders, residents of said City, Building Inspectors. SECTION 437. TERM OF OFFICE.— The said Building Inspectors, shall hold their office for the term of two years, except those elected at the first meeting in January, 1875, or at the next, or any subsequent meeting thereafter. The Inspectors so elected shall vacate their office at the. first meeting of the Mayor and General Council, in July, 1875, at which meeting the Mayor and General Council shall elect Building Inspectors for the term of two years, after which time all elections to fill said offices shall be held biennially. SECTION 438. DUTIES.— It shall be their duty, in connection with the City Engineer, to inspect all buildings and walls located on the various streets^ lanes, and alleys of said City, when they shall be requested to do so by the Mayor, and to report the result of such investigation to said Mayor, with a recommendation to the best course to be pursued in reference to said build- ings or walls, for the protection of the citizens. 132 SECTION 439. BECOMMENDATIONS OF BUILDING INSPECTORS rO BE EXECUTED— BY WHOM— WHEN— HOW.— The said Mayor shall iiave full power aud authority to execute, in a summary manner, the recom- mendations of said Building Inspectors, or a majority of them, at the expense of the owner of said building or wall, or the owner of the lot, upon which the same may be located, in the discretion of the said Mayor, should the said owner after such notice as may seem reasonable in the discretion of the Mayor, if notice can be served on him, fail or refuse to remove the obstructions reported by said Building Inspectors, or a majority of them, such expense to be collected by execution to be issued by the Clerk of Council; and the said Mayor and General Council shall have full power and authority to pass all ordinances, that may be necessary to carry this measure into full effect. SECTION 440. MAY SUBSTITUTE ONE INSPECTOR FOR THE THREE — QUALIFICATIONS NECESSARY — DISCRETIONARY. — The . Mayor and General Covmcil of said City of Atlanta may, in their discretion, - substitute for the three Building Inspectors provided for by Sections 93, 94, and 95 of said Act of Incorporation (1874), including amendments hereto- fore made, a single Building Inspector, in which case the Building Inspector shall be either a professional architect and builder, or a civil engineer acquainted with the science of building. SECTION 441. DUTIES OF THE SINGLE INSPECTOR— POWERS, ETC. — In the event of the substitution of one Inspector in the place of three,- > as hereinbefore provided for, the Building Inspector, so to be elected, shall have all the powers and discharge all the duties devolving upon the present. > Building Inspectors under the Charter of said City and the laws of the State, ., and shall, in aduition thereto perform such other duties and exercise such other powers and privileges as may be provided for by ordinances of said City. CHAPTER XXIV. CLERK OF CITY COUNCIL. SECTION 442. CLERK OF COUNCIL— HOW ELECTED— WHEN— BY WHOM. — There shall be elected by the Mayor and General Council at the first regular meeting of said Mayor and General Council held in the month of Octo- ' ber in the year 1900, and every two years thereafter, a Clerk of Council, who. ]i;5 shall hold his office, as prescribed by the 20th Section of this Act (1874), unfes^ reinoved f or cause, to be judged of by the Mayor and General Council. SECTION 443. OATH OF OFFICE. — He shall take and subscribe an oath before some officer authorized to administer it, to faithfully discharge the duties of his oflEice. t,, SECTION. 444. HE SHALL GIVE BOND.— He shall give bond and good security) to be fixed and judged by tne Mayor and General Council, for the faithifiul .performance of his duties. SECTION 445. DUTIES. — His duties shall be prescribed by ordinance. I,.,... ..',,.. ■ ■ „^EPTI0N 446. COMPENSATION.— He shall receive such salary as the Mayor arid General Council the year next preceding his election shall prescribe. MSBCTION 447. HE SHALL HAVE AND USE A COMMON SEAL- FORM, DEVICE,' ETC.— FIXED BY OKDINANCE.— The Clerk of Council of ,ttier,Gity- of Atlanta shall have and use a common seal, whose form, device, and-color shall be fixed by ordinance passed by the Mayor and General Council. Section 448. deputy cleeks— their authority— legal EFFECT OF ACTS.— The Deputy Clerks of Council, whether one or more are appointed upon the authority of the Mayor and General Council, shall have all the authority of the Clerk of the Council, and are authorized to sign exefcutions, licenses, and all other documents, to which the signature of the Clerk- 6f Council is necessary, using their own names, but adding thereto the words ' 'Deputy Clerk of Council. ' ' The signatures of the Deputy Clerks of Council, when so signed, shall be recognized and given all the force and effect of the ' signature of the Clerk of Council. CHAPTER XXV. MISCELLANEOUS POWERS AND PROVISIONS, EXERCISED AND TO BE EXERCISED. SECTION 449. MAY LEASE BUILDINGS FOR MARKETHOUSES— \' ■'. • ■ FIFTEEN YEARS— LIMIT OF RENTAL— PRIVILEGE TO PURCHASE.— The Mayor and General Council are hereby authorized to rent or lease from any parj;y, who may build a suitable markethouse or houses in the C'ity of > . i ■, " " ' 114 Atlanta, for a term not exceeding fifteen years, at a rate of rental not to^ exceed eight per cent, interest on the investment, and are hereby authorized to make such ordinances as are necessary and proper to protect the City in said lease; and provided, further, that said City of Atlanta be authorized to pur- chase said market or markets at any time during fifteen years at original cost of said market property. SECTION 450. CITY MAY ESTABLISH T^YO OR MORE MARKET PLACES ITSELF— PRESCRIBE ORDINANCES FOR GOVERNING SAME. — The Mayor and General Council of the City of Atlanta shall have power and authority to establish two or more market places in said City for the sale of country produce, fresh meats, and other similar articles^ and provide by ordi- nance for the government of said market places, and to prescribe the hours, in which such marketable articles shall be sold only at such market places, or at them and at other points within certain distances from such market places, as may be deemed best by said Mayor and General Council. SECTION 451. AUTHORITY TO CONSTRUCT FORSYTH STREET BRIDGE— PROVISION AS TO PAYMENT FOR SAME.— The Mayor and General Council of said City are hereby authorized to provide for a bridge over the several railroads tracks on Forsyth Street in said City, and to pro- vide for paying the costs of the construction of said bridge, partly from the income of said City for the year 1891, and the balance out of the income of said City for the years 1892 and 1893. SECTION 452. AUTHORITY TO REGULATE PUBLIC STREET SPEAKING— PREVENT STREET OBSTRUCTION, OR DISORDERLY CROWDS. — The Mayor and General Council of said City of Atlanta is em- powered to provide by ordinance for the regulation of public meetings and public speaking in the streets of said City of Atlanta by preventing the ob- struction of the streets of said City or the gathering of disorderly crowds in said streets. SECTION 453. MAY REGULATE CHARGES BY HACKS AND DRAYS — HAUlLiNG OF BAGGAG^ OR MERCHANDISE— TRANSPORTATION OF PASSENGERS.— The Mayor and General Council of the City of Atlanta are authorized to prescribe by ordinance reasonable charges to be collected by hacks, cabs, drays, or other licensed vehicles for the transportation of per- sons, baggage, merchandise, or other personal property within the limits of the City of Atlanta. 115 SECTION 454. EXAMINATION OF THE WOEKINGS OP ANY OF THE DEPAETMENTS OF THE CITY AUTHORIZED— COMMITTEE CON- DUCTING SAME MAY COMPEL ATTENDANCE OF WITNESSES— COM- PEL PRODUCTION OF BOOKS, ETC.— The City Government of the City of Atlanta shall be authorized and empowered, through a Committee of the General Council or of any of the Boards operating under the City Government or Committee of the same, to institute, in the discretion of the General Council, whenever necessary, any examination or examinations into the working and business of any of the offices, or conduct of its officers in any department of the City 's business, or of the General Council itself, or of any office under the City, and that the Board or Committee conducting such examination shall have power to send for persons and papers, and to compel attendance of per- sons summoned; to swear witnesses, compel the production of papers and books and all disclosures pertinent to such investigation. SECTION 4.55. RESTRICTION OF TIME AS TO RENEWAL OF STREET FRANCHISES.— The Mayor and General Council of the City of Atlanta shall have no authority or power to grant, consent to, or permit the extension, removal, or change of the term, for which franchises have been or may be granted, or in any way to extend or renew the time, for which permission has been or may oe given to occupy the streets and public places, except and only during the twelve months immediately preceding the expiration of the term of such franchises and permits; and all extensions and renewals made in violation of this Act shall be void. SECTION 456. AUTHORITY TO REGULATE OR PROHIBIT EREC- TION OR MAINTENANCE OF SANITARIUMS— BOARDING HOUSES- DISCRETIONARY — PREVIOUS ORDINANCES RATIFIED.— Power is hereby given the Mayor and General Council to control, regulate, and in its discretion prohibit, the erection and maintenance of sanitariums, boarding houses, and other similar places in residence portions of the City ; and any ordinances heretofore adopted by the said Mayor and General Council in rela- tion to the above subject matters are hereby ratified and validated. SECTION 457. MAYOR— ALDERMEN— COUNCILMEN— OTHER MU- NICIPAL OFFICERS— INELIGIBLE WHEN.— It shall be unlawful for any person holding an office or position of trust, honor, or emolument, or regular employment, under appointment by the President of the United States, or any Department of the Federal Government, or election by the people of the 116 TJnited States, or any of them, or any District in the United States, or under appointment by the Governor of Georgia, or any other officer or officers of the State or county vested with appointing power, or election by the people of the State or any County, or other political division of said State after the 31st day of December, 1900, to occupy or hold the position of Mayor, Alderman, or Councilman of the City of Atlanta, or mem- l»ership on any executive Board of said City, or any other office or position of trust, honor, or emolument, or regular employment, in or under said City government, whether said office or position be by election or appointment or regular appointment during the time he holds said Federal, State, or County office or position; and neither the Mayor, Alderman, or Coun- cilman, nor any other officer of said City, who, by virtue of election by the people, or appointment by the Mayor, or election or appointment by the Mayor and General Council, or any Committee thereof, or election or appointment by any of the Boards of the City Government, holds such office after the passage of this Act, shall be eligible to hold any other office or position of trust, honor, or emolument, or any other regular employ- ment in the services of said City Government. SECTION 458. INELIGIBLE FOR SERVICE ON MORE THAN ONE BOARD— EXCEPTIONS. — Nor shall they or any person be eligible to service on more than one of the Boards, such as police commissioners, water commis- sioners, board of health, or any other Board of said City now existing, or here- after created, at the same time, excepting that service as City Investigator or membership in the Board of Trustees of the Grady Hospital, or the Board of Trustees of Carnegie Library, or Board of Education, or Park Commission, Board of Firemasters, Board of Electrical Control or Cemetery Commission shall not disqualify such officer, or trustees, or members of said Boards for any other City office, position, or employment. SECTION 459. MEMBERS OF GENERAL COUNCIL NOT ELIGIBLE AS MEMBERS OF BOARDS— EXCEPT.— Nor shall any member of the General Council be a member of any Board under said City Government ex- cept as is now or hereafter provided by the charter of said City, and that the acceptance by the Mayor, any Councilman, Alderman, or any other officer or regular employee of said City, after the passage of this Act, of any office or position of trust, honor, or emolument, or regular employment under the Pederal, State or County Government, excepting the Board of Trustees of the 117 Grady Hospital, or Board of Carnegie Library, or Board of Education, or Park Commission, Board of Firemasters, or Board of Electrical Control, shall im- mediately create a vacancy in the office, position, or employment he holds in or under said City government, which vacancy shall be filled in the manner provided by law; and that the acceptance by the Mayor or any Alderman, Councilman, or other officer or regular employee of said City Government, or Board, or Department thereof, of, any other city office, position, or regular employment shall likewise vacate the first office, position, or employment held by such officer or employee, except as hereinbefore provided. SECTION 460. BONDS REQUIEED OF CITY'S LICENSES— DISCRE- TIONARY— FOR WHAT PURPOSE— FOR WHAT TERM.— The Mayor and General Council shall be authorized, iu their discretion, to require any and all persons, firms, or corporations, licensed to do business, under the present charter provisions, to give a bond payable to the City, and conditioned to pay the City or anyone else, suing in the name of the City for their use, for in- juries or damages received on account of the dishonest, fraudulent, immoral, or improper conduct of the administration of the business so licensed. The amount of said bond shall not exceed five thousand ($5,000.00) dollars, and shall be given for the fiscal year. At the end of the fiscal year, a new bond shall be given for the succeeding fiscal year under the terms above provided. Any person or persons injured by the dishonest, fraudulent, immoral, or im- proper conduct of the administration of any business licensed by the City, and bonded as above provided, may sue on said bond for their own use, and the recovery, if any, shall be payable to said person or persons. SECTION 461. SHALL MAINTAIN CARNEGIE LIBRARY— AI^PRO- PRIATION NOT TO EXCEED FIVE THOUSAND DOLLARS PER AN- NUM.- — It shall be the duty of the Mayor and General Council of the City of Atlanta, beginning with the annual apportionments and appropriations for the year 1900, to annually apportion, appropriate, and expend from the in- comes and revenues of said City the sum of five thousand dollars, for the support, maintenance and operation of the free public library to be known as the Carnegie Library. SECTION 462. MAY CONDEMN LANDS FOR PUBLIC BUILDINGS— PARKS— OTHER PURPOSES— TAKE POSSESSION— WHEN— CONDI- TIONS,- — The City of Atlanta is hereby authorized and empowered to condemn lands for sites for the erection of public buildings for said Citj for parks and 118 other public purposes, in the manner already provided by law for the eoijdei;nqLa- tion of land in said City, for opening, widening, or changing streets and alleys. Said City is hereby authorized and empowered, in any and all cases w;hen land has been assessed or condemned for street, park, public buildings, sewer, or other public purposes of said City, on the coming in of the award of the assessors, on paying said award; or in the case of appeal from the award by either party on providing and securing the payment of said award or eventual condemnation money in the manner hereinafter provided in any case or cases in which appeal is taken by either party from such award, to enter upon and take possession of said land for the purpose or use for; which the same has been condemned, and such entry or possession may be had, by said City immediately after paying or securing payment of any such award, or the eventual condemnation money, and before the trial on the appeal case. ! , SECTION 463. BOND TO BE GIVEN TO TAKE IMMEDIATE. POS- SESSION—HOW—FOR WHAT PURPOSE.— In the case of any such award made and appealed therefrom by either party, should said City desire immedi- ately to enter upon and take possession of any land assessed or condemned for any purpose aforesaid, it may execute a bond with good security, subject to the approval of the Judge of the Superior Court of Fulton County, Georgia,, or in his absence from the State, of the Ordinary of said County, for the pay- ment of the eventual condemnation money, which may be found on the trial of said case. Said bond, when approved by the Judge or Ordinary, as above provided, shall be filed in the office of the Clerk of the Superior Court, and on the trial of the assessment or award appealed from, in the event of a recovery therein by the appellant against said City, such appellant shall have authority to enter up judgment on said bond for the amount of suchrecovery, as judg ment may now be entered in appeal cases under the laws of this State. ■ ■ ' ' ■ SECTION 464. NO ONE CAN BRING SUIT AGAINST THE CITY BEFORE CLAIM IS PRESENTED, AND OPPORTUNITl GIVEN TO SET- TLE—THREE MONTHS TIME LIMIT— SUCH PRESENTATION NO: BAR TO PLAINTIFF 'S RIGHT TO SUE.— No person, firm, or corporation.! hiaving a claim or money damages against the City of, /flanta on a.ctout.t, .of i in- juries to person or property, shall bring any suit at law or in equity agaiiist the said City of Atlanta on such account without fii.«t presenting such claim to the Maj'or and General Council of the City of /* tlanta for adjustment,. 119 and no such suit shall be entertained by the Courts against the City of Atlanta unless the cause of action therein has been first presented to the Mayor and General Council for adjustment; Provided, that upon the presen- tation of such claim in any case to the Mayor and General Council, said Mayor and General Council shall consider and act upon the same, favorably or unfavorably, to the petitioners within three months from the presentation thereof; Provided, further, that the action of the Mayor and General Coun- cil upon such claims, unless it results in the settlement thereof, shall in no sense be a bar to the plaintiff's rights in such cases in the Courts. SECTION 465. PRECEDENCE GIVEN CITY CASES— SUBJECT TO BIGHT OF ADVANCEMENT OF STATE AND COUNTY CASES.— The Superior Court of Fulton County, Georgia, is hereby authorized and required to give precedence to and advance to trial any cases now pending or whicn may hereafter be brought in said Court, to which the City of Atlanta is a party or materially interested in, in which the collection of revenue or money due said City is involved, or in which there is an appeal from the award or finding of the assessors for damages sustained or for lands taken for parka, street, sewer, or other public purposes of said City authorized by law. When any case of the character aforesaid is ripe for trial, the same shall be subject to advancement and to precedence on the attention of the Court being called to the same, subject only to the right of advancement of cases, to which the State of Georgia or the County of Fulton is a party. SECTION 466. PERSONAL PROPERTY LEVIED UPON— WHERE SOLD — HOW — PROVISO. — Whenever any personal property has been levied on in the City of Atlanta, if of character to render its removal to the City Hall of more than ordinary expense or inconvenience, the same may be sold at any place within the corporate limits of said City, at public outcry, within the hours now provided by law, and after having given the notice required by law: Provided, the owner thereof gives his consent. SECTION 467. CONVICTS— AUTHORITY TO FARM OUT— IN WHAT MANNER. — The Mayor and General Council are hereby authorized to farm out all persons sentenced to imprisonment for violating the ordinances of said City, in the same manner and upon the same terms as the Ordinaries of this State are authorized to farm out convicts. 120 SECTION 468. COUNTY CONVICTS WORK ON CITY STREETS WHEN— HOW— UNDER WHOSE SUPERVISION.— The Commissioners of Roads and Revenues of said County are hereby invested with the exclusive control of said convicts (State misdemeanor convicts), and with the sole power to direct the work of the said convicts without reference to proportion of population between the City of Atlanta and the County outside of said City; Provided, that, whenever the said Commissioners of Roads and Revenues shall see fit to direct that said convicts shall work on the streets of the City of Atlanta, the grade, style, and character of the work shall be determined by the City authorities, but the particular locality jr streets, upon which the work is to be done, shall be decided by a majority vote between the members composing the Boards of Commissioners of Roads and Revenues and Commissioners of Streets and Sewers of said City, or in the event of the abolishment of said Board of Commissioners of Streets and Sewers, the Street Committee of the City Council of said City. IMPEACHMENTS. SECTION 469. GENERAL COUNCIL SHALL TRY IMPEACHMENTS —WHO PRESIDES WHEN MAYOR IS TRIED— HOW CONVICTED— PENALTY. — The General Council of said City shall have the sole right to try all impeachments. When sitting for that purpose, they shall be under oath or affirmation. When the Mayor is tried the Judge of the City Court shall preside, and no person shall be convicted without the concurrence of two- thirds of the members present. Judgment, in case of impeachment, shall not extend further than removal from office, and disqualification to hold any « office of honor, trust, or profit, under this Charter; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, and punishment, according to law. SECTION 470. OFFICERS MAY JUSTIFY, IF SUED FOR ANY OF- FICIAL ACT. — Any of the officers of said corporation, who may be sued for any act done in his or their official character, may justify under this charter. GENERAL COUNCIL. SECTION 471. MAY COMPEL ATTENDANCE OF WITNESSES- MAY TAKE BONDS FOR APPEARANCE.— The Mayor and General Council of said City shall have full power and authority to compel the attendance of 121 ^ parties and witnesses at the Mayor's Courts, and the meetings of said Council or General Council; and for this purpose said Mayor and General Council shall have full power and authority to take and receive of parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses, and to pass all ordinances necessary to carry this provision into effect, and to forfeit and collect said bonds in the same manner as such bonds are now forfeited in the Superior Courts of this State. SECTION 472. MAY ESTABLISH FEE BILL FOR CITY OFFICERS. — The Mayor and General Council snail have power and authority to establish a fee bill for the officers of said City, not higher than the fees allowed to county officers, or lower than those allowed to Justices of the Peace and Constables of the State. SECTION s 473. SALARIES OF ALL CITY OFFICERS FIXED THE YEAR PRECEDINNG ELECTION OR APPOINTMENT.— Hereafter the salaries, compensation, or emoluments of all the officers of said City, whether charter officers or otherwise, shall be fixed by the Mayoi* and General Council in office the year preceding the ^election or appointment of said officers, and such salary, compensation, or emoluments shall not be changed for or during the term, for which any such officer was elected or appointed. SECTION 474. MEMBERS OF ADMINISTRATIVE BOARDS SERVE WITHOUT SALARIES.— From and after the first day of January, 1899, the members of the several Administrative Boards of the City of Atlanta, such as the Board of Police Commissioners, the Board of Water Commissioners, the Board of ITealth, the Board of Firemasters, the Board of Education, the Grant Park Commission, the Trustees of the Grady Hospital, and all similar administrative boards of the City government, shall serve without salaries, whether such members of any of said Boards were elected before or after the passage of this Act. ' SECTION 475. MAY EXTEND FIRE LIMITS— AUTHORITY TO RE- MOVE STRUCTURES OTHER THAN FIRE-PROOF BUILDINGS WITHIN SAME. — The said Mayor and General Council shall have power and authority to continue the fire limits as now established by law, and from time to time, in their discretion, to extend and enlarge the same, within which fire-limits so estatslished, and to be established it shall not be lawful for anyone to erect other than fire-proof buildings, or structures of any kind other than lire-proof; 122 and should anyone erect, or cause to be erected, within such fire-limits so es- tablished, any such buildijigs or other structures, said Mayor and General Council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, i\vi said expenses to be collected by executions issued by the Clerk of Council; and the said Mayor and General Council shall have power to determine wnat buildings or other structures are, or are not, fire-proof. ELECTIONS BY PEOPLE. SECTION 476. ELECTION OF CERTAIN OFFICERS PROVIDED FOR BY THE PEOPLE. — The City Attorney, City Engineer, Commissioner of Public Works, Tax Collector, and Treasurer of the City of Atlanta, shall hereafter be elected by the qualified voters of said City, provided this Act by existing law to abolish the office of Marshal, or to consolidate the offices of Marshal and Tax Collector, in their discretion, nor with the power given by existing law to consolidate any of the other offices provided for by the charter of said City with the office of Comptroller. SECTION 477. SEXTON— LEFT WITH DISCRETION OF COUNCIL- CEMETERIES, PROVISIONS.— The office of Sexton shall be left hereafter to the discretion of the Mayor and General Council. Furthermore, all ceme- teries owned or controlled by the Mayor and General Council shall be under the direction and supervision of said Mayor and General Council, and they shall provide the persons to operate the same, and the method of management, either with or without a Sexton, as they may deem best. SECTION 478. DATE OF ELECTIONS— TERM OF OFFICE.— The first election of said officers under this Act shall occur on the first Wednesday in December, 1894, at the time of the election of the ^layor, Aldermen, and Councilmen, and shall be for a term beginning on the first Monday in July, 1895, and ending on the first Monday in .January, 1897, and all subsequent elections of such officers shall be held with the election for Mayor, Aldermen and Councilmen. or for Aldermen and Councilmen, occurring next before the end of the term of office of any of said officers, and shall be for a term of two years beginning on the first Monday in the January following such elec- tion; Provided, the Mayor and General Council of said City may elect a Com- missioner of Public Works at the first meeting in January, 1894, who shall hold office until the first meeting in January, 1895, unless sooner removed for 123 •cause; and the Commissioner of Public Works, to be elected by the people under authority of this Act, shall hold office for a term of two years begin- ning on the first Monday in January, 1895, unless removed for cause as aforesaid. SECTION 479. VACANCIES IN CITY OFFICES— HOW FILLED.— Vacancies in any of said offices, whether occurring by removal or otherwise shall be filled by elections by the Mayor and General Council. SECTION 480. OFFICERS SUBJECT TO REMOVAL FOR CAUSE- BY WHOM. — The officers of the City, whether elected by the people or other- wise, shall be subject to removal from office by the Mayor and General Council for cause, according to the provisions of the Charter now in force. SECTION 481. MAYOR AND COUNCIL CLOTHED WITH SAME POWERS AS MAYORS AND GENERAL COUNCIL— SUBJECT TO SAME LIMITATIONS.— The Mayor and Councilmen, in office in said City, are clothed with all the powers, rights and privileges, during their continuance in office, that by the terms of this Act are conferred on the Mayor and General Council as provided herein. The said Mayor and Council shall, in like manner, be subject to the same limitations and restrictions. They shall have full power and authority to pass all needful ordinances, resolutions and by-laws, for the successful carrying into effect of this Act. 124 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 that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: SECTION 1. That all exceptions and provisions of said charter prohibiting the holding of dual offices and published in Section 61-A in the City Code of 1899 whereby trustees of the Grady Hospital, trustees of the Carnegie Library, members of Police Board, Park Commissioners, City Investigator, Board of Fire Masters and any and all other officers whose positions are excepted from said law be, and the same are, hereby repealed and from and after the passage of this Act there shall be no exceptions to said charter section except same shall not attach to Mayor, Aldermen and Councilmen where serving on Board Commissions and like positions ex-officio and as part of their official duties. SECTION 2. Councilmen or members of the Board of Council of the City of Atlanta are hereby declared to be eligible to succeed themselves for one term ; in such event, such Councilmen shall be ineligible to succeed such service by serving in the position of Aldermen. Councilmen may now succeed them- selves by election to the position of alderman, and aldermen are likewise eligi- ble to succeed themselves by election to the position of councilmen, but the added service provided by this amendment shall not secure to any one alder- man or councilman a longer term of continual service than five years. SECTION 3. The Mayor and General Council of the City of Atlanta are hereby authorized and empowered, in their discretion, to pave or repave any of the streets or public places of the City with broken stone and chert, and chert and macadam, or similar pavement, where assessment upon abutting property owners will not exceed the sum of forty cents per front foot, without petition therefor by such abutting property owners, the laying of this charac- ter of street pavement being left entirely to the discretion of the Mayor and General Council, provided that any resolution seeking to pave a street or public 125 place with the pavement above described shall not be passed when first intro- duced but shall thereupon be referred to the Committee on Streets, and the Clerk of Council shall advertise same one time, in one of the daily newspapers of the City, at least ten days before the final passage of such resolution, such advertisement giving notice of the introduction of such resolution, the street, public place or portion thereof, proposed to be paved, the probable cost per front foot, and the property owners or others interested shall therein be in- vited to appear at the regular meeting of Council to be held following such advertisement and make such objections as they may desire to urge. Any property owner or other person interested desiring to make objections shall rise in the Council Chamber, state his name and residence, and the cause of his presence and shall thereupon be recognized and be permitted to state, within the rules of the General Council, his objections to the proposed pavement. If no objections are made, then the General Council shall have the right, in their discretion, to pass such resolution; if objections are made the General Council shall have the right, in their discretion, to adjudge same sufficient or insuffi- cient and, if they find samie insufficient, they are hereby empowered and authorized to order such pavement laid. When laid thereon the cost thereof shall become a lien on the property of abutting property owners to the extent of the costs thereof according to the front feet of said property owners, the total cost of such pavement being laid on abutting property owners, one-half on one side and one-half on the other side, provided that the maximum cost thereof shall not exceed the sum of thirty cents per front foot. Any Street Railway Company having tracks running through any street, public place or portion thereof paved under the provisions of this Section shall be required to pay the whole cost of paving or re-paving or otherwise improving under the provisions of this amendment, eleven feet in width of any street, public place, or portion of street upon which it has tracks and, in case a Street Rail- way Company shall construct a track on any street, public place or portion of street already paved, it shall likewise pay for the paving of eleven feet in width of the street, public place or portion of street occupied by its tracks according to the value of the pavement at the time, to be adjudged alone by the Mayor and General Council. Each payment shall be distributed between the property owners in proportion to amounts originally paid by the owners of the property at the time such payment was made. In all cases, where streets, public places, or portions of streets are paved on which Street Railway Com- panies have tracks and the foregoing provisions with reference to the ' pay- 126 ment of the cost of paving or improving said street, public place, or portion of street, are applied and costs thereof assessed against the street railway com- pany then, and in that event, the total cost of the pavement of such street, public place or portion thereof, shall not be assessed against abutting prop- erty owners but said property owners shall only be assessed for the cost of such pavement after deducting the costs of paving or improving assessed against the Street Railway Company, as heretofore provided for; that is to say, when such pavement is laid the street railway company shall be assessed for eleven feet thereon, and costs for paving the remainder of the street shall be divided equally, one-half on one side and one-half on the other side accord- ing to frontage owned by each abutting property owners. SECTION 4. That the provisions of the present charter providing for the position of Commissioner of Public Works and City Engineer, found in Section 163 of the Charter of the City as published in the City Code of 1899, and aU provisions in the other Sections of the City Charter referring to office of Commissioner of Public Works, to-wit: 164, 165, 166, 167 and 168, of said Code, and the City Engineer, to-wit: No. 208 of said Code, and any other Sections not being enumerated, be amended by striking the names of "Com- missioner of Public Works" and "City Engineer" therefrom and inserting in lieu thereof the name of ' ' Chief of Construction. ' ' The position of ' ' Chief of Construction" is hereby created, and this office shall have all the power and authority heretofore given the offices of City Engineer and Commissioner of Public Works, and all such work as paving, sewers, curbing, sidewalks, repair- ing of same, engineering work, grades, and any and all work of authority now vested in either Commissioner of Public Works of Department of Engi- neering shall hereafter 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 the Mayor and General Council are here- by authorized to fix the salary of said office for a sum not exceeding five thousand dollars per annum. Said Chief of Construction shall have authority to appoint his assistants, but the Mayor and General Council shall have authority to decide how many assistants he shaU 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, «ne in charge of repairs, one in charge of stockade. 127 SECTION 5. The Mayor and General Council shall, by appropriate amendments to existing ordinances provide for the consolidation of all the duties now divided, by ordinances, to the two departments, of Commissioner of Public Works and City Engineer, and same are consolidated into one department, thereby creating "Chief of Construction" Department, and the offices of Commissioner of Public Works and City Engineer of the City of Atlanta are hereby abolished. SECTION 6. That Sections 3, 4, 5 and 6 of the amendment to the charter of the City of Atlanta, approved August 17, 1908, published in the Georgia laws of 1908 on pages 397, 398 and 399, providing for the issuance of sewer bonds, water bonds, school bonds, naming the amount of each, their term, interest, etc., and a bond commission to handle the proceeds thereof be, and the same are, hereby repealed. Said city shall hereafter issue and sell bonds under the provisions of the General laws of "the State, and where an issue of bonds is desired and the purposes thereof are legal and the amount proposed is not in excess of the Constitutional limits, the Mayor and General Council shaU call an election therefor by ordinance, observing as to notice, time, place, and manner of election, voting and declaring of result and all other formalities as provided by law. SECTION 7. The Mayor of the City of Atlanta is hereby made eligible to succeed himself in the office of Mayor for one term only, and shall be ineligible to succeed himself after serving two years, and the following language, "that he shall be ineligible for the succeeding term ' ' found in Section 20 of the charter of the City of Atlanta, published in the City Code of 1899, and all other provisions in said charter in conflict with this amendment be, and the same are, hereby repealed. SECTION 8. The Mayor and General Council of the City of Atlanta are hereby authorized and empowered in their discretion, to increase the salaries of the City Tax Asseros and Eeceivers, beginning with July 1, 1909, from $2,400.00 to $3,000.00 per annum, payable monthly. This authority is espe- cially given because of general prohibition in the present charter of the City against increasing any salary of any officers during his term of office and pro- viding that all salaries must be fixed during the year preceding the election of, such officer, and the General Council desire to increase the salaries of the above officers and some of them must be elected during the present year and therefore this amendment is authorized. 128 (SECTION 9. That all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Adopted by General Council July 5, 1909. Approved July 9, 1909. •ROBERT F. MADDOX, Mayor. 129 ■''!]'[ ■, ,-v ,, LPS /. ultW,