Newspaper Page Text
FRIDAY, JOLY 13, 1045,
paragraph 1L Duties. It shall be
the duty of the Solicitor General to
yepresent the State in all cases
in the Superior Courts of his Cir
cuit and in all cases taken up from
the superior courts of his Circuit
to the superior courts of hig Circuit
to the Supreme Court, and Court
of Apperls and to perform such
other services as shall be required
of him by law.
v Section XIIL
gylaries of Justices, Judges and
Solicitors General.
paragraph I Salaries of Justices,
Judges and Solicitors General. The
Justices of the Supreme Court each
ghall have out of the treasury of
the State salaries of SB,OOO per
annum; the Judges of the Court of
Appeals each shall have out of the
treasury of the State salaries of
8,000 per annum, the Judges of
the Superior Courts each shall have
out of the treasury of the State
galaries of $6,000 per annum and
the Solicitors General shall each
have out of the treasury of the
State a salary of $250.00 per an
pum with the right of the General
Assembly to authorize any county
to supplement the salary of a judge
of the Superior Court and Solicitor
General of the Judicial Circuit in
which such county lies, out of
county funds, provided, however,
where such salary is, at the time of
the adoption of this Constitution,
heing supplemented out of county
funds under existing laws, such
Jaws shall remain in force until al
tered by the General Assembly.
Provided further, that the Board
of County Commissioners of Rich
mond County, or the Ordinary, or
such other board or person as may
from time to time have charge of
the fiscal affairs of said county,
shall without further legislative ac
tion continue to supplement from
said County’s treasury, the salary
of the Judge of Superior Court of
the circuit of which the said Coun
ty of Richmond is a part, by the
gum of Two Thousand ($2,000)
Dollars per annum, which shall be
in addition to the amount received
py said judge out of the State
treasury; and such payments are
declared to be -a part of the court
expenses of said County, and such
payment chall be made to the judge
now in office during his {)resent or
subsequent terms, as well as to his
successors, with the authority ,in
the General Assembly to incregse
such salary from the County treas
ury as above provided. «
Paragraph 11. Powers to abolish
or reinstate fees of Solicitor Gen
eral. The General Assembly shall
have power, at any time, by a ma
jority vote of each branch, to abol
ish the fees at present aceruing to
the office of solicitor general in any
particular judicial circuit, and in
lieu thereof to prescribe a salary
for such office, without regard to
the uniformity of such salaries in
the various cireuits; and shall have
the further power to determine
what disposition shall be made of
the fines, forfeitures and fees ac
cruing to the office of solicitor gen
eral in any such judicial circuit
where the fees are abolished; and
likewise shall have the further
power, if it so. desires, to abolish
such salary and reestablish such
fees; but in either event, when so
changed, the change shall not be
come effective until the end of the
term to which the solicitor general
was elected.
Section XIIL
Qualifications of Justices, Judges,
Ete.
Paragraph I. Age; citizenship;
practice of law. No person shall
be Justice of the Supreme Court,
Court of Appeals, Judge of Supe
rior Courts, or Attorney General,
unless, at the time of his election,
he shall have attained the age of
thirty years, and shall have been
a citizen of the State three years,
and have practiced law for seven
years; and no person shall be here
after elected Solicitor General, un
less at the time of his election he
ghall have attained twenty-five
years of age, shall have been a
citizen of the State for three years,
and shall have practiced law for
three years next preceding his elec
tion,
Section XIV,
Venue.
Paragraph I. Divorce cases. Di
vorce cases shall be brought in the
county where the defendant, re
sides, if a resident of this state;
if the defendant be not a resident
of this state, then in the county in
which the plaintiff resides, provid
ed, that any person who has been a
resident of any United States Ar
my Post or military reservation
within the state of Georgia for one
year next ‘preceding the filing of
the petition may bring an action
for divorce in any county adjacent
to said United States Army Post
or military reservation.
Paragraph 11. Land titles. Cases
respecting titles to land shall be
tried in the county where the land
ln.-:-", except where a single tract is
divided by a county line, in which
caze the Superior Court of either
county ghall have jurisdiction.
Paragraph 111. Equity cases.
Equity cases shall be tried in the
county where a defendant resides
against whom substantial relief is
prayed,
_ Paragraph IV. Suits against
{9lnt obligors, co-partners, etc.
Suits against joint obligors, joint
promissors, co-partners, or joint
trespassers, residing in different
counties, may be tried in either
tounty,
Paragraph V. Suits against mak
er, endorser, ete. Suits against the
maker and endorser of promissory
notes, or drawer, acceptor and en
dorser of foreign or inland bills of
éxchange, or like instruments, re
tiding in ‘different counties, shall
be brought in the county where the
maker or acceptor resides.
Paragraph ‘yl. All other cases.
All other civil cases shall be tried
in the county where the defendant
resides, and all eriminal cases shall
be tried in the county where the
rime was committed, except cases
__ Banner-Herald Want Ads Get Results
in the Superior Courts where the
Judge is satisfied that an impartial
jury cannot be obtained in such
county.
. Section XV. @
Change of Venue.
Paragraph 1. Power to change
venue. The power to change the
venue in civil and eriminal cases
si:all be vested in the Superior
Courts to be exercised in such man
ner as has been, or shall be, pro
vided by a 0
Section XVI,
Jury Trial.
Paragraph I. Right of trial by
jury. The right of trial by jury,
except where it is otherwise pro
vided in this Constitution, shall re
main inviolate, but the General As
sembly may prescribe any number,
not less than five, to constitute a
trial, or traverse jury, except in
the superior court.
Paragraph 11, Selection of jurors.
The General Assembly shall pro
vide by law for the selection of the
most experienced, intelligent and
upright men to serve as grand ju
rors, and intelligent and upright
men to serve as traverse jurors.
Nevertheless, the grand jurors shall
be competent to serve as traverse
jurors. The General Assembly shall
have the power to require jury
service of women also, under such
regulations as the General Assem
bly may prescribe.
Paragraph 111. Compensation of
jurors. It shall be the duty of the:
General Assembly by general laws
to prescribe the manner of fixing
compensation of jurors in all coun
ties in this State.
Section XVII.
* County Commissioners.
Paragraph 1. Power to create
County Commissioners. The Gen
eral Assembly shall have power to
provide for the creation of county
commissioners in such counties as
may require them, and to define
their duties.
Section XVIIIL,
What Courts May Be Abolished.
Paragreph 1. Power to abolish
courts. All courts not specially
mentioned by name in the first
section of this Article may he !
abolished in any county at the dis
cretion of the General Assembly.
Paragraph 11. Supreme Court
cost. Pauper oath. The cost in the
Supreme Court and Court of Ap- I
peals shall not exceed $16.00 until |
otherwise provided by law. Plain- |
tiffs in error shall not be required
to pay costs in said courts when the
usual pauper oath is filed in the
court below.
ARTICLE VIL
Finance, Taxation and Public Debt.
.y Section I
- Power of Taxation.
Paragraph I. Taxation, a sov
ereign right. The right to taxation
is a sovereign right—inalienable, |
indestructible—is the life of the
State, and rightfully belongs to the
people in all Republican govern
ments, and neither the General
Assembly, nor any, nor all other
departments of the Government es
tablished by this Constitution, shall
ever have the authority to irre-,
vocably give, grant, limit, or re- .
strain this right; and all laws,
grants, contracts, and all other
acts, whatsoever, by said govern
ment, or any department thereof,
to affect any of these purposes,
shall be, and are hereby, declared
to be null and void, for every pur
pose whatsoever; and said right of
taxation shall always be under the
complete control of, and revocable
by, the State, notwithstanding any
gift, grant or contract, whatsoever,
by the General Assembly.
The power to tax corporations
and corporate property, shall not
be surrendered or suspended by
any contract, or grant to which the
State shall be a party.
Paragraph 11. Taxing power
limited.
1. The General Assembly shall
inot by vote, resolution or order,
grant any donation or gratuity in
favor of any person, corporation or
association.
. 2. The General Assembly shall
not grant or authc.ize, extra com
pensation to any public officer,
agent or contractor after the serv
ice has been rendered or the con
tract entered into.
3. The'levy of taxes on property
for any one year by the General
Assembly for all purposes, except
to provide for repelling invasions,
suppressing insurrections, or de
lfending the State in time of war,
shall not exceed five (5) mills on
[each dollar of the value of the
property taxable in the State.
4. No poll tax shall be levied to
exceed one dollar annually upon
each poll.
Paragraph 111. Uniformity; clas
sification of property. All taxes
shall be levied and collected under
general laws and for public pur
poses only. All taxation ghall be
uniform upon the same class of
subjects within the territorial lim
its of the authority levying the tax.
Classes of subjects for taxation of
property shall consist of tangible,
property and one or more classes of
intangible personai property in
cluding money. The General As
sembly shall have the power to
classify property including money
for taxation, and to adopt different
rates and different methods for
different classes of such property.
Paragraph IV. Exemptions from
taxation. The General Assembly
may, by law, exempt from taxa
tion all public property; places of
religious worship or burial; all in
stitutions of purely public charity;
all intangible personal property
owned by or irrevocably held in
trust for the exclusive benefit of,
religious, educational and char
itable institutions, no part of the
net profiit from the operation of
which can inure to the benefit of
any private person; all buildings
erected for and used as a college,
incorporated academy® or other
seminary of learning; and also all
funds or property held or used as
endowment by such colleges, in
corporated academies or seminaries
of learning, provided the same is
not invested in real estate; and
provided, further, that said exemp-,
tions shall only apply to such col
leges, incorporated academies or
other seminaries of learning as are
open to the general public; provid
ed further, that all endowments to
institutions established for white
people, shall be limited to white
people, and all endowments to in
stitutions established for ecolored
people, shall be limited to colored
people; the real and personal estate
of any public library, and that of
any other literary association, used
by or connected with such library;
all books and philosophical appa
ratus and all paintings and statu
ary of any company or association,
kept in a public hall and not held
as merciandise or for purposes of
sale or gain;: provided the property
so_exempted be not used for the
purpose of private or corporate
profit and income, distributable to
shareholders in corporations own
ing such property or to other own
ers of such property, and any in
come from such property is used
exclusively for religious, education
al and charitable purposes, or for
either one o 1 more of such pur
poses and for the purpose of main
taining and operating such institu
tion; this exemption shall not apply
to real estate or buildings other
than those used for the operation of
such institution and which is rent
ed, leased or otherwise used for the
primary purpose of securing an in
come thercon; and also provided
that such donations of property
shall .not be predicated upon an
agreement, contract or otherwise
k that the donor or donors shall re
ceive or retain any part of the
net or gross income of the prop
erty. The General Assembly shall
further have power to exempt from
taxation, farm products, including
baled cotton grown in this State
and remaining in the hands of the
producer, but not lenger than for
the year next after their proéuc
tion.
All personal clothing, household
and kitcfien furniture, personal
l property used and included within
the home, domestie animals and
tools, and implements of trade of
manual laborers, but not including
motor vehicles, are exempted from
all State, County, Municipal and
'School District ad valorem taxes,
in an amount not to exceed $300.00
| in actual value.
The homestead of each resident
of Georgia actually occupied by
the owner as.a residence and home
stead, and only so long as actually
occupied by the owner primarily
as such, but not to exceed $2,000.00
of its value, is hereby exempted
from all ad valorem taxation for
State, county and school purposes,
except taxes levied by municipali
ties for school purposes and except
to pay interest on and retire bond
ed indebtedness, provided, however,
should the owner of a dwelling
house on a farm, who is already
entitled to homestead exemption,
participate in the program of ru
ral housing and obtain a new house
under contract with the local hous
ing authority, he shall be entitled
to receive the same homestead ex
emption as allowed before making
such contract, THe General Assem
bly may from time to time lower
said exemption to not less than
$1250.00." The value of all property
in excess of the foregoing exemp
tions shall remain subject to tax
ation. Said exemptions shall be
returned and claimed in such man
ner as prescribed by thes General
Assembly. The exemption herein
provided for shall not apply to
taxes levied by municipalities,
All cooperative, non-profit, mem
bership corporations organized un
der the laws of this State for the
purpose of engaging in rural elec
trification, as defined in sub-sec
tion 1 of Section 3 of the Act ap
proved March 30, 1937, providing
for their incorporation, and all of
the real and personal property
owned or held by such corpora
tions for such purpose, are hereby
exempted from ali taxation, state,
county, municipal, school district
and political or territorial subdivi
sions of the State having the au
thority to levy taxes, The exemp
tion herein provided for shall ex
pire December 31, 1961.
There shall be exempt from all
ad valorem intangible taxes in this
State, the common voting stock of
a subsidiary corporation not doing
business in this State, if at least
ninety per cent of such common
voting stock is owned by a Georgia
corporation with its principal place
of business located in this State
and was acquired or is held for the
purpose of enabling the parent
company to carry on some part of
its established line of business
through such subsidiary.
All laws exempting property
from taxation, other than the prop
erty -herein enumerated, shall be
void.
Paragraph V. Exemptions of cer
tain industries continued. Existing
exemptions under the amendment
to the Constitution providing for
the exemption of certain industries
from taxation appearing in Acts of
the General Assembly of 1923, ex
tra session, page 67, ratified No
vember 4, 1924, shall continue of
force until the expiration of the
term for which granted.
Section 11.
Purposes and Method of Taxation.
Paragraph I. Taxation, how and
for what purposes exercised. The
powers of taxation over the whole
State shall be exercised by the
General Assembly for the follow
ing purposes only:
1. For the support of the State
Government and the public insti
tutions.
2. For educational purposes:
3. To pay the principal and the
interest on the public debt, and to
provide a sinking fund therefor.
4. To suppress insurrection, to
repel invasion, and defend the State
in time of war. f
5. To make provision for the pay
ment of pensions to ex-Confederate
goldiers and to the widows of Con-
~ THE BANNER-HERALD, ATHENS, GEORGIA
federate soldiers who were marriedf‘
to such soldiers prior to January 1,
1920, and’ who are unmarried.
6. To construct and maintain
State buildings and a system of
State highways, airports, and
docks. q
7. To make provision for the pay
ment of old-age assistance to aged!
persons in need, and for the pay
ment of assistance to the needy
blind, and to dependent children
and other welfare benefits; pro
vided that no person, shall be en
titled to the assistance herein au
thorized, who does not qualify for
such provisions in évery respect,
in accordance with enactments of
the General Assembly, which may
be in force and effect, preseribing
the qualifications for beneficiaries
hereunder: Provided no indebted
ness against the State shall ever be
created for the purpose herein
stated, in excess of the taxes law
fully levied each fiscal year under
Acts of the General Assembly au
thorized hereunder for such pur
poses.
8. To advertise and promote the
agricultural, industrial, historie,
recreational and natural resources
of the State of Georgia.
9. For. public health purposes.
Paragraph 11. Teacher retire
ment system—taxation for. The
powers of taxation may be exer
‘cised by the State through the
General Assembly and by counties
and municipalities, for the purpose
of paying pensions and other bene
fits and costs under a teacher re
tirement system or systems; pro
vided no indebtedness against the
State shall ever be created for the
purpose herein stated in excess of
the taxes lawfully levied each fiscal
year under Acts of the General As
sembly authorized hereunder.
Paragraph 111. Revenue to be
paid into general fund. All money
collected from taxes, fees and as
sessments for State purposes, as
authorized by revenue measures en
acted by the General Assembly,
shall be paid into the General Fund
of the State Treasury and shall be
appropriated therefrom, as re
quired by this Constitution, for
the purposes set out in this Section
arfd for these purposes only.
Paragraph IV. Tax returns of
public utilities. The General Assem
bly may provide for a different
method and time of returns, as
sessments, payment and collection
of ad valorem taxes, of public util~
ities, but not at a Zreater basis of
value or at a higher rate of taxa
tion than other properties.
Section 111.
State Debt.
Paragraph I. Purposes for which
contracted. No debt shall be con
tracted by, or on behalf of, the
State, except to supply such tem
porary deficit as may exist in the
treasury in any year for necessary
delay in collecting the taxes of that
year, to repel invasion, suppress
insurrection and defend the State
in time of war, or to pay the exist
ing public debt; but the debt cre
ated to supply deficiencies in reve
nue shall nqt exceed, in the aggre
gate, five h&)dred thousand dollars,
and any loan made for this purpose
shall be repaid out of the taxes
levied for the year in which the
loan is made. However, said debt
may be increased in the sum of
three million, five hundred thou
sand dollars for the payment of
the public school teachers of the
State only. The principal amount
borrowed for payment of teachers
shall be repaid each year out of the
common school appropriation, and
the interest paid thereon shall be
I]:oaid each year out of the general
| funds of the State. .
| Paragraph 11. Bonded debt in
;ereased, when, The bonded debt of
' the State shall never be increased,
except to repel invasion, suppress
insurrection or defend the State in
time of war.
Paragraph 111. Form of laws to
borrow money. All laws authoriz
ing the borrowing of money by or
on behalf of the State shall specify
the purpose for which the money
is to be used and the money so ob
tained shall be used for the purpose
specified and for no other.
l Paragraph IV. State aid forbid
den. The credit of the State shall
not be pledged or loaned to any
{ndividual, company, corporation or
association and the State shall not
become a joint owner or stock
holder in or with any individual,
company, association or corpora
tion. - s
Paragraph V. Assumption of
debts forbidden. The State shall
not assume the debt, nor any part
thereof, of any county, municipal
corporation or political subdivision
of the State, unless such debt be
contracted to enable the State to
repel invasion, suppress insurrec
tion or defend itself in time of war:
Provided, however, that the amend
mént to the Constitution proposed
by the General Assembly and set
forth in the published Acts of the
General Assembly of the year 1931
at page 97, which amendment was
ratified on November 8, 1932, and
which amendment provided for the
assumption by the State, of in
debtedness of the several counties
of the State, as well as that of the
Coastal Highway District, and the
assessments made against the
counties of said district for the
construction and paving of the pub
lic roads or highways, including
bridges, of the State, under certain
conditions and for the issuance of
certificates of indebtedness for such
indebtedness so assumed, is con
tinued of full force and effect until
such indebtedness assumed by the
State is paid and such certificates
of indebtedness retired.
Paragraph VI. Profit on public
money. The receiving, directly or
indirectly; hy, any officer of State
or county, or member or officer of
the General Assembly of any inter
est, profits or perquisites, arising
from the use or loan of public funds
in his hands or moneys to be raised
through his agency for State or
county purposes, shall be deemed
|8 iel?ny, and punishable as may
& g
be prescribed by law, a part of
vhich punishment shall be a dis
malification from holding office,
Paragraph VII. Certain bonds
not to be paid. The General Assem
bly shall have no authority to ap
propriate money either directly or
indirectly, to pay the whole, or any
part, of the principal or'interest of
the bonds, or other obligations
which have been pronounced illegal,
null and void by the General As
sembly and the Constitutional
amendments ratified by a vote of
the people on the first day of May,
1877; nor shall the General Assemn
bly have authority to pay any of
the obligations created by the State
under laws passed during the late
war between the States, nor any
of the bonds, notes or obligations
made and entered into during the
existence of said war, the time for
the payment of which was fixed
after the ratification of a treaty
of peace between the United States
and the Confederate States; nor
shall the General Assembly pass
any law, or the Governor or any
other State official, enter into any
contract or agreement whereby the
State shall be made a party to any
suit in any court of this State, or
of the United States instituted to
test the validity of any such bonds,
or obligations,
Paragraph VIII. Sale of State’s
property to pay bonded debt. The
proceeds of the sale of the Western
and Atlantic railroad, and any oth
er property owned by the State,
whenever the General Assembly
may authorize the sale of the whole
or any part thereof, shall be ap
plied to the payment of the bonded
debt of the State, and shall not be
used {or any other purpose what
soever, so long as the State has
any existing bonded debt; provided
‘that the proceeds of the sale of the
Western .and Atlantic Railroad
shall be applied to the payment of
the bonds for which said railroad
has been mortgaged, in preference
to all other bonds. 5
Paragraph IX. State sinking
‘fund. The General Assembly shall
raise by taxation each year, in ad
}dition to the sum required to pay
the public expenses, such amounts
as are necessary to pay the interest
on the public debt and the prin
cipal of the public debt maturing in
such year and te provide a sinking
fund to pay off and retire the
ponds of the State which have not
t then matured. The amount of such
annual levy shall be determined
after consideration of the amount
then held in the sinking fund. The
taxes levied for such purposes and
the said sinking sand, shall be ap
plied to no other purpose whatever.
The funds in the said sinking fund
may be invested in the bonds of
the State, and also in bonds and
I securities issued by the Federal
Government and subsidiaries of the
| Federal Government, fully guaran
'teed by that government. If the
'said bonds are not available for
|purchase, the funds in the sinking
fund may be loaned by the Treas
urer of the State, with the approval
of the Governor, upon terms to be
fixed by such officials and when
ampiy secured by bonds of the
State or Federal Government.
Section IV,
Taxation by Counties.
Paragraph.l. Taxing power of
counties. The General Assembly
shall not have power to delegate
to any county the right to levy a
tax for any purpose, except:
1. To pay the expenses of ad
ministration of the county govern
ment.
[ 2. To pay the principal and in
terest of any debt of the county
and to provide a sinking fund
therefor.
3. For educational purposes upon
property located outside of inde
pendent school systems, as provid
ed in Article VIII of this Consti
' tution.
4. To build and reair the publie
buildings and bridges.
5. To pay the expenses of courts,
the maintenance and support of
prisoners and to pay sheriffs and
coroners and for litigation.
6. To build and maintain a gys
tem of county roads.
7. For public health purposes in
said county, and for the collection
and preservation of records of vital
statistics.
8. To pay county police,
9. .To support paupers.
16. To pay county agricultural
and home demonstration agents.
11. To provide for payment of
old age assistance to aged persons
in need, and for the payment of
assistance to needy blind, and to
dependent children and other wel
fare benefits, provided that no per
son shall be entitled to the assist
ance herein authorized who does
not qualify for such assistance in
every respect, in accordance with
enactments of the General Assem
bly which may be in force and ef
fect preseribing the qualifications
for beneficiaries hereunder; pro
vided no indebtedness or liability
against the county shall ever be
created for the purpose herein
stated, in excess of the taxes law
fully levied each fiscal year under
acts of the General Assembly au
thorized hereunder for such pur
poses.
12. To provide for fire protection
of forest lands and for the further
conservation of natural resources.
13. To provide medical or other
care, and hospitalization, for the
indigent sick people of the county.
14. To acquire, improve and
maintain airports,” public parks,
and public libraries.
15. To provide for workmen’s
compensation and retirement or
pension funds for officers and em
ployees.
16. To provide reasonable re
serves for public improvements as
may be fixed by law. :
Paragraph 11. Districting of
counties. The General Assembly
may district the territory of any
county, outside the limits of incor
porated municipalities, for the purg
pose of providing systems of wa‘
terworks, séwerage, sanitation, an
fire protection; and authorize such
rounties to levy a tax only upon
the taxable property in such dis
trict for the purpose of construct
ing and maintaining such improve
ment. :
Section V.
Paragraph I. Taxing power and
rontributions of counties. cities and
political divisione restricted. The
General Assembly shall not author
ize any county, municipal corpora
tion or political division of this
State, through taxation, centribu
tion or otherwise, to become a
stockholder in any company, cor
poration or association, or to ap
propriate money for, or to loan its
credit to any corporation, company,
association, institution or individ
ual except for purely charitable
purposes. This restriction shall
not operate to prevent the support
of schools by municipal corpora
tions within their respective limits.
Section VI.
Paragraph I. Contracts for use
of public facilities. (a) The State,
state institutions, any city, town,
municipality or county of this State
may contract for any period not
exceeding frfty years, with each
other or with any public agency,
public corporation or authority now
or hereafter created for the use by
such subdivisions or the residents
thereof of any facilities or services
of the State, state institutions, any
city, town, municipality, county,
public agency, public corporation
or authority, provided such con
tracts shall deal with 'such activi
ties and transactions as such sub
divisons are by law authorized to
undertake.
(b) Any ecity, town, municipality
or county of this State is empow
ered, in connection with any con
tracts authorized, by the preceding
paragraph, to convey to any public
ugency, public corporation or au«
thority now or hereafter created,
| existing facilities operated by such
city, town, municipality, or county
for the benefit of residents of such
subdivisions, provided the land,
buildings and eguipment so con
veyed shall not be mortgaged o 1
pledged to secuve obligations of any
such publie agency, public corpora
tion or authority and provided such
facilities are to be maintained and
operated by such public agency,
| public corporation or authority for
the same purposes for which such
facilities were operated by such
city, town, municipality or county.
Nothing in this section shall re
lstrict the pledging of revenues of
such facilities by any public agency,
public corporation or authority.
(¢) Any city, town, municipality
or county of this State, or any com
bination of the same, may contract
| with any public agency, public cor
| poration or authority for the care,
maintenance and hospitalization of
its indigent sick, and may as a part
of such contract obligate itself to
1 pay for the cost of acquisition, con
struction, modernization or repairs
of necessary buildings and facili
ties by such public agency, public
| corporation or authority, and pro
| vide for the payment of such serv
{ices and the cost to such public
‘agency, public corporations or au
! thority of acquisition, construction,
modernization or repair of build
ings and facilities from revenues
realized by such city, town, muni
cipality or county from any taxes
lauthorized by the Constitution of
this State or revenues derived from
lany other sources. .
Section VII.
Limitation on County and Munici
pal Debts.
Paragraph 1. Debts of counties
lnnd cities. The debt hereafter in
{ curred by any county, municipal
| corporation or political division of
this State except as in this Consti
tution provided for, shall never
exceed seven per centum of the
nssessed ‘value of all the taxable
i property therein, and no such coun
ty, municipality or division shall
incur any new debt except for a
temporary loan or loans, to supply
casual deficiencies of revenue, not
Ito exceed one-fifth of one per
l centum of the assessed value of the
taxable property therein, without
the assent of a majority of the
qualified voters of the county, mu
nicipality or other political subdivi
sion voting in an election for that
purpose to be held as prescribed by
law; and provided further that all
laws, charter provisions and ordi
! nances heretofore passed or enact
ed providing special registration of
the voters of counties, municipal
corporations and other political di
visions of this State to pass upon
| the issuance of bonds by such coun
{ ties, municipal coporations and
lother political divisions are hereby
declared to be null and void; and
‘the General Assembly shall here
| after have no power to pass or
{ enact any law providing for such
i special registration, but the valid
lity of any and all bond issues by
such counties, municipal corpora
tions or other political divisions
made prior to January 1, 1945, shall
not be affected hereby; provided,
that any county or municipality of
this State may accept and use
| funds granted by the Federal Gov
| ernment, or any agency thereof, to
i aid in financing the cost of archi
tectural, engineering, economic in
vestigations, studies, surveys, de
signs, plans, working drawings,
specifications, procedures, and oth
{er action preliminary to the con-
I gtruction of public works, and
where the funds so used for the
| purposes specified are to be repaid
| within a period of ten years. '
Paragraph 11. Levy of taxes to
pay bonds. Any county, municipal
corporation or poiitical division of
this State which shall incur any
bonded indebtedness under the pro
visions of this Constitution, shall
at or before the time of so doing,
provide for the assessment and
tollection of an annual tax suffi
cient in amount to pay the principal
and interest of said debt, within
thirty yeais fiom the date of the
incurring of said indebtedness.
Paragraph 111. Additional debt
iauthorized when. In addition to the
debt authorized in Paragraph I of
this scetion, to be ereated by any ]
county, municipal corporation or
political subdivision of this State,
a debt may be incurred by any
county, municipal corporation or
political subdivision of this State,
in excess of seven per centum of
the assessed valve of all the tav
abie property therein, upon the
following conditions: Such addi
tional debt, whether incurred at
one or more times, shall not exceed
in the aggregate, three per centum
of the assessed value of all the tax
able property in such county, muni
cipality or political subdivision;
such additional debt shall be pay
able in_equal installments within |
the five years next succeeding the
issuance of the evidences of such
debt; there shall be levied by the 1
‘governing authorities of such coun- ‘
ty, municipality or political subdi
vision prior to the issuance of such
additional debt, a tax upon all of
the taxable property within such
county, municipality or political
subdivision collectable annually,
sufficient to pay in full the prin
cipal and interest of such additional
debt when as due; such tax shall be
in addition to and separate from all
other taxes levied by such taxing
authorities, and the collections from
such tax shall be kept separate and
shall be held, used and applied sole
ly for the payment of the principal
and interest of such additional in
debtedness; authority to create
such additional indebtedness shall
first have been authorized by the
General Assembly; the creation of
such additional indebtedness shall
have been first authorized by a vote
of the registered voters of such
county, municipality or political
subdivision at an election geld for
such purpose, pursuant to and in
accordance with the provisions of
this Constitution and of the then
existing laws for the creation of a
| debt by counties, municipal corpo
’rations, and polifical subdivisions
of this State, all of which provi-
Isions, including those for calling,
advertising, holding and determin
ing the result of, such election and
the votes necessary to authorize the
creation of an indebtedness, are
hereby made applicable to an elec
tion held for the purpose of au
thorizing such additional indebted
ness.,
Paragraph IV. Temporary loans
authorized; conditions. In addition
to the obligations hereinbefore al
lowed, each county, municipality
and political subdivision of the
State authorized to levy taxes, is
given the authority to make tem
porary loans between January Ist
and December 31st in each year to
pay expenses for such year, upon
the following conditions: The ag
gregate amount of zll such loans of
such county, municipality or poli
tical subdivision outstanding at any
one time, shall not exceed seventy
five percentum of the total gross
| income of such county, municipal
ity or political subdivision, from
taxes collected by such county, mu
nicipality or political subdivision in
the last preceding year. Each such
loan shall be payable on or before
December 31st of the calendar year
in which such loan is made. No
loan may be made in any year un
der the provisions of this para
graph when there is a loan then
unpaid which was made in a prior
year under the provisions of this
paragraph. Each such loan shall
be first authorized by resolution
fixing the terms of such loan, adopt
ed by a majority vote of the gov
erning body of such county, city or
political subdivision, at a meeting
legally held, and such resolution
shall appear upon the minutes of
such meeting. No such county,
municipality or subdivision shall
incur in any one calendar year, an
aggregate of such temporary loans
and other contracts or obligations
for current expenses, in excess of
the total amnticipated revenue of
such county, municipality or sub
division fer such calendar year, or
issue in one calendar year notes,
warrants or other evidences of such
indebtedness in a total amount-in
excess of such anticipated revenue
for such year. ‘ i
Paragraph V. Revenue anticipa
.tion obligations. Revenue anticipa
tion obligations may bhe issued by
any county, municipal corporation
or political subdivision of this
State, to provide funds for the pur
chase or construction, in whole or
in part, of any revenue-producing
facility which such county, muni
cipal corporation or political subdi
vision is authorized by the Act of
the General Assembly approved
March 31,.1937, known as “The
Revenue Certificate Laws of 1937,”
as amended by the Act approved
March 14, 1939, to construct and
operate, or to provide funds to ex
tend, repair or improve any such
existing facility, and to buy, con
struct, extend, operate and main
tain gas or electric generating and
distribution systems, together with
all necessary appurtenances there
of. Such revenue anticipation obli
gations shall be payable, as to prin
cipal and interest, only from reve
nue produced by revenue-producing
facilities of the issuing political
subdivision, and shall not be deem
ed debts of, or to create debts
lagainst, the issuing political sub
divisions within the meaning of
this paragraph or any other of this
Constitution. This authority shall
apply only to revenue anticipation
obligations issued to provide funds
for the purchase, construction, ex
tension, repair or improvement of
such facilities and undertakings as
are specifically . authorized and
enumerated by said Act of 1937, as
amended by said Aect of 1939; and
to buy, construct, extend, operate
and maintain gas or electric gen
erating and distribution systems,
together with all necessary appur
tenances thereof; provided further
any revenue certificates issued to
buy, construct, extend, operate and
maintain gas or electric generating
and distribution systems shall, be
fore being undertaken, be author
ized by a majority of those '7oting
PAGE THREE-A
at an election held for the purpose
in the county, municipal corpora
tion or political subdivision af'
fected, and provided further that a
majority of the registered voters
of such county, municipal corpora
tion or political subdivigion af
fected shall vote in said election,
the election for such to be held in
the same manner as is used in issu-~
ing bonds of such county, municipaL
corporation or political subdivision
and the said election shall be ¢alled
and provided for by officers in
charge of the fiscal affairs of said
county,» municipal corporation or
political subdivigion affected; and
no such issuing political subdivigion
of the State shall exercise the pow=-
er of taxation for the purpose of
paying the principal or interest of
any such revenue anticipation obli
gations or any part thereof.
Provided that after a favorable
election has been held as set forth
above, if municipalities, counties or!
other political subdivisions sghall!
purchase, construct, or operate
such electric or gas utility plants
from the proceeds of said revenue
certificates, and extend their serve
ices beyond the limits of the county
in which the municipality or politi=
cai subdivision is located, then its
services rendered and property lo«
cated outside said county shall be
subject to taxation and regulation
as ave privately owned and oper
atea uitilities. ! ’
Paragraph VI. Refunding bonds.
The General Assembly is hereby
authorized to create a commission
and to vest such commission with
the power to secure all necessary
information and to approve or dis=-
approve the issuance of bonds for
the purpose of refunding any bond
ed indebtedness of any county, mu
nicipality or political subdivision of
this State issued prior to the adop
tion of this Constitution, including
the authority to approve or disap
prove the amount and terms of such
refunding bonds, together with
such other powers as to the Gen-!
eral Assembly may seem proper,
but not in conflict with the pro
visions of the Constitution. Such
refunding bonds shall be authorized
only where such county, municipal~
ity or political subdivision has not
the funds available to meet the
payment of outstanding bonded in-l
debtedness through failure to levyl
aad collect the required taxes, or|
through failure to maintain, the re- |
quired sirking fund for such bonds.
The General Assembly may ap
prove the issuance of the said re-|
funding bonds under the conditions
stated. Such refunding bonds shall |
not, togethey with all other out
standing bonded indebtedness, ex
ceed the limits fixed by this Con
stitution for the maximum amount
of bonded indebtedness which may|
be issued by such county, munici-|
pality or political subdivision andl
shall be otherwise governed by all
of the terms and provisions of this
Constitution. No bonds shall be
issued under this paragraph to re
fund_:)ny bonds issued after the
adoption of this Constitution. :
Paragraph VII. Refunding bends,
to reduce bonded indebtedness. The
General Assembly is further au-|
thorized to give to the said Com-|
mission the power and authority to;
approve or disapprove the issuance‘
I of bonds to refund any outstanding]
bonded indebtedness of any county,!
- municipality or political subdivi-;
sion now or hereafter issued, for|
the purpose of reducing the amount
payable, principal or interest, on:
such bonded indebtedness, and upon
the condition that, the issuance of
such refunding bonds will reduce
the amounts payable upon such out
standing bonds, principal or inter
est. Such refunding bonds shall
replace such outstanding bonded in
debtedness. The said Commission
shall have the authority to approva
or disapprove the terms of any
such proposed refunding bonds.
The General Assembly may author
ize the issuance of such refunding
bonds issued for the said purpose,
when approved by the said Com
mission and authorized by the gov
erning authority of such county,
municipality or subdivision, with
out an election by the qualified vot
ers as otherwise required, but in all
other respects such refunding
bonds shall comply with the pro
visions of this Constitution. ¢
. Section VIIL
Paragraph 1. Sinking funds for
bonds. All amounts collected from
any source for the purpose of pay
ing the principal and interest of
any bonded indebtedness of any
county, municipality or subdivision
and to provide for the retivement of
such bonded indebtedness, above
the amount needed to pay the prin
cipal and interest on such bended
indebtedness due in the year of
such collection, shall be placed in a
sinking fund to be held and used *
to pay off the principal and inter
est of such bonded indebtedness
thereafter maturing. 3
The funds in such sinking fund
shall be kept separate and apart
from all other moneys of such
county, municipality or subdivision,
and shall be used for no purpose
‘other than that above stated. The
moneys in such sinking fund may
be invested and reinvested by the
governing authorities of such coun
ty, municipality or subdivision or
by such other authority as has been
created to hold and manage such
sinking fund, in the bonds of such
county, municipality or subdivi
sion, and in bonds or obligations of
the State of eorgia, of the coun
ties, and cities thereof and of the
government of the United States,
of subsidiary corporations of the
Federal Government fully guaran
teed by such government, and no
other. Any person or persons vio
lating the, above provisions, shall
be guilty of 'mafpraqtice in office
and shall als\ be guilty of misde
meanor, and shall be punished,
when convicted. as prescribed by
law for the punishment of misde
meanors, until the General Assems
bly shall make other provisions for
the violation of the terms of this
paragravh. : R
