The Jackson progress-argus. (Jackson, Ga.) 1915-current, August 07, 1975, Image 8

The Jackson progress-argus., August 07, 1975, Image 8

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Newspaper Page TextLEGAL MOTHCHIS Notice NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT On the 10th day of January, 1966, DUDLEY HEAD, ex ecuted a real estate promis sory note for the principal sum of Five Thousand Six Hundred Twenty-Five ($5,625.00) Dollars To New ton Federal Savings & Loan Association Of Covington, Newton County, Georgia which note with interest thereon at the rate of 7% per cent per annum was payable in monthly install ments of $41.% each, beginning on the first day of February, 1966, and con tinuing thereafter on the first day of each succeeding month, with the final and last installment being due and payable on the first day of January, 1986, with each payment being applied to the interest then due, and the balance to the reduction of the principal amount, the interest being computed on the unpaid principal. Time was made of the essence of the contract, and the said note contained a provision of the payment of ten (10) percent of the unpaid principal and interest as attorneys fee, if collected by law, or through an attorney at law. In order to secure the payment of said note, the said DUDLEY HEAD exe cuted and delivered to Newton Federal Savings & Loan Association a Deed to Secure Debt conveying to it the following described tract of land to-wit; All that tract or parcel of land, situate lying and being in the 612th District G.M. Butts County, Georgia, im proved with a five (5) room jumbo brick house, same being located on the South side of State Highway No. 16 about two (2) miles east of the City Limits of The City of Jackson, being situate in the Oak Ridge Subdivision, parti cularly described to-wit; Starting at the edge of the asphalt pavement of State Highway No. 16 on the south side thereof at the junction of East Street with said highway, thence, south erly along the west side of East Street Six Hundred Forty Seven (647) feet to a point, thence west Eighty (80) feet to a point, which is the Point of Beginning; thence west eighty (80) feet to a point; thence north Sixty (60) feet to a point; thence east Eighty (80) feet to a point; thence south along the west side of lot of A.C. Freeman, Sixty (60) feet to a point which is The Point of Beginning. Said described lot being bounded, to-wit; North by land of A.C. Freeman and Son; East by lot of A.C. Freeman and Son; South by lot of Willie Morris Head; and West by First Street. Said deed to Secure Debt Is Recorded in the Office of the Superior Court Clerk of Butts County, Georgia in Deed Book No. 33, page 131-132. Because the said DUDLEY HEAD defaulted in making payments of the monthly installments as they matured Newton Federal Savings & Loan Association pursuant to the provisions of said promissory note and deed to Secure Debt securing the 1 same, has exercised its option and declared the entire balance as due and collectable. Notice fixing the liability for attorneys fees has been given according to law. There is a total balance of $4,445.68 as of the Ist day of August, 1975, besides interest and attorneys fees owing thereon, and for additional advances made to DUDLEY HEAD, by said Newton Federal Savings & Loan Association. The said Deed to Secure Debt contains a Power of Sale authorizing the said Grantee (Newton Federal Savings & Loan Association) as Attorney in Fact, for said Grantor named therein to sell said described property and as conveyed thereby in order to satisfy said Note, as well as any subsequent advances, after advertising the same once a week for four (4) weeks in the official gazette of said County of Butts, and in accordance with said Power of Sale and by virtue thereof, Newton Federal Savings & Loan Association will sell said described property at public outcry to the highest and best bidder for cash, on the first Tuesday in September, 1975, before the Butts County Courthouse Door, the place of Public Sales, in Jackson, Butts County, Georgia, and within and during the legal hours of sale. The proceeds of the sale will be used as follows: 1. To pay the expenses of said sale. 2. to Pay the sums secured by said Deed to Secure Debt, and, 3. The balance, if any, to DUDLEY HEAD. Newton Federal Savings & Loan Association As Attorney in Fact for Dudley Head Alfred D. Fears Richard G. Milam Attorneys at Law Commercial Building P.O. Box 3886 Jackson, Georgia 8-7-4tc Notice NOTICE OF SALE UNDER POWER GEORGIA BUTTS COUNTY By virtue of the power of sale contained in the Security Deed from Richard C. Rodda & Jean Rodda, to North American Acceptance Cor poration, dated September 16, 1%9, recorded in Deed Book 41, Page 116-118, and transferred to Security Mort gage Investors on October 5, 1973, recorded in Book 41, Page 116, Butts County Records, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Court house at Butts County, Georgia, within the legal hours of sale, on the first Tuesday in September, 1975, the following described pro perty: All that tract or parcel of land, together with the improvements thereon, lying and being in the 610th District G.M., Butts County, Georgia containing two (2) acres, more or less, particu larly described as follows: From the intersection of Land Lots 213, 214, 235 and 236, thence North 87 degrees 57 minutes West along the North Line of Land Lot 214 for one thousand three hundred and ninety-five (1395) feet to a point which is The Point Of Beginning. From said point of beginning North 87 degrees 57 minutes West 295.2 feet to a point; thence South 2 degrees 3 minutes West 295.2 feet to a point; thence South 87 degrees 57 minutes East 295.2 feet to a point; thence North 2 degrees 3 minutes East 295.2 feet to a point, which is The Point Of Beginning. The above-described pro perty is being sold subject to any unpaid taxes or other assessments which may be liens against the property. Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed. Said property will be sold as the property of Richard C. Rodda and Jean Rodda, and the proceeds of such sale will be applied to the payment of said indebted ness, the expenses of said sale, all as provided by said Deed, and the undersigned will execute a Deed to the purchaser at said sale as provided in the aforemen tioned Deed to Secure Debt. Security Mortgage Investors As Attorneys-in-Fact for Richard C. Rodda and Jean Rodda Matthias Naughton Attorney at Law Suite 101, Trust Building Decatur, Georgia 30030 378-3627 8-7-4tp THE JACKSON PROGRESS-ARGUS, JACKSON, GEORGIA Notice NOTICE OF GRANTING OF ARTICLES OF AMEND MENT Articles of amendment have been granted to The Gospel of Christ M. R. F. Church of Jackson, Inc. by Honorable Hugh D. Sosebee, Judge of the Superior Court of Butts County, Georgia, in accordance with the applic able provisions of the Georgia Corporation Code. The purpose of said articles of amendment is to show the name and address of the registered agent and the names and addresses of the initial directors of the corporation, and for the further purpose of providing that the corporation shall have existence in perpetuity. The Gospel of Christ, M.R.F. Church of Jackson, Inc. By: Richard W. Watkins, Jr. Its Attorney at Law, 169 Dempsey Ave., Jackson, Ga. 8-7-4tp Notice COURT OF ORDINARY, BUTTS, COUNTY, GEORGIA To any Creditors and All Parties at Interest: Regard ing Estate of Julia Anne Fears Smith formerly of Butts County, Georgia, notice is hereby given that Charlie C. Fears, Lovette Fears, and Luther Smith, the heirs, have filed application with me to declare no Administration necessary. Said application will be heard at my office Monday, September 1, 1975, and if no objection is made an order will be passed saying no Administration necessary. 7-28, 1975 L. J. Washington, Ordinary. 8-7-4tp Notice NOTICE OF SALE Georgia, Butts County On January 12,1971 Walter McDowell executed a note for $390.00, payable to the Mclntosh State Bank. This note was made payable on demand by the Mclntosh State Bank with interest accruing from the date of the execution of the note at 8 percent per annum on the unpaid principal. On June 23, 1971, Walter McDowell executed a note for $2,476.00, payable to the Mclntosh State Bank. This note was made payable on demand by the Mclntosh State Bank with interest accruing from the date of the execution of the note at 8 per cent per annum on the unpaid principal. On September 15, 1971, Walter McDowell executed a note for $200.00, payable to the Mclntosh State Bank of Jackson, Georgia. This note was made payable on demand by the Mclntosh State Bank with interest accruing from the date of the execution of the note at 8 per cent per annum on the unpaid principal. On September 31, 1971, Walter McDowell executed a note for SIOO.OO, payable to Mclntosh State Bank at Jackson, Georgia. This note was made payable on demand by the Mclntosh State Bank with interest accruing from the date of the execution of the note at 8 per cent per annum on the unpaid principal. All of the above mentioned notes contained a provision for the payment of 15 per cent of the principal and interest as attorneys’ fees, if collect ed by the law or through an attorney at law. In order to secure the payment of said note, Walter McDowell ex ecuted and delivered on July Bank, a Georgia Banking Corporation, with principal offices in Jackson, Butts County, Georgia a deed to secure debt, conveying the following descirbed land: ALL that tract or parcel of land lying and being in the 613th District G.M., Butts County, Georgia containing two (2) acres, more or less, bound North by Levi Barnes and Vaughn Lbr. Cos., East by Earner & Eugene Barkley; South and West is Dirt Road leading from Levi Barnes to Highway No. 36, and shown by plat of H. W r . McElheney, County Surveyor, recorded simultaneously with War ranty Deed to Earner & Eugene Barkley to Walter McDowell, dated 7-13-68. Said Deed is recorded in Deed Book 38, Pages 385-387, Clerk’s Office, Butts Superior Court, Mclntosh State Bank has demanded payment on all of the above described notes. Walter McDowell has failed to pay the above described notes and has defaulted on all of the above described notes. All of the above described notes have fully matured and are now in default. Notice fixing liability for attorney’s fee has been given according to law. There is a balance due as of June 30,1975 of $2,755.44 principal and $559.96 interest, and attorney’s fees. The said Deed contains a power of sale, authorizing Mclntosh State Bank, a Georgia Banking Corpora tion, with principal offices in Jackson, Butts County, Geor gia as attorney-in-fact for Walter McDowell to sell the property conveyed thereby in order to satisfy the above described notes as they are subsequent advances se cured by the above described security deed, after adver tising same once a week for four (4) weeks in the official gazette of said county, and in accordance with said power of sale and by virtue thereof the Mclntosh State Bank, a Georgia Banking Corpora tion, with principal offices in Jackson, Butts County, Geor gia will sell the property above described at public outcry to the highest and best bidder for cash, on the first Tuesday in September, 1975, at the place of public sales before the courthouse door in Butts County, Georgia and within the legal hours of sale. The proceeds of the sale will be used as follows: (1) To pay the expenses of said sale; (2) To pay the above described notes secured by the said deed; and (3) The balance to Walter McDowell. Walter McDowell By: Mclntosh State Bank, as Attorney In Fact. Garland & Garland, Attor neys for Mclntosh State Bank Don E. Snow 300 West Third Street Jackson, Georgia 30233 7-31-4 tc Notice DEPARTMENTOF TRANSPORTATION STATE OF GEORGIA ADVERTISEMENT FOR BIDS Federal Project RS-2572 (3) Butts County Sealed proposals will be received by the undersigned at the General Office of the Department of Transporta tion, 2 Capitol Square, Atlanta, Georgia, 30334, until 11:00 a.m., August 22, 1975 and publicly opened for furnishing all labor, material, equipment and other things necessary for the following work: 1.711 miles of grading and bituminous surface treat ment paving on the Flovilla Stark road, fas route 2572, beginning at state Route 16 near Flovilla and extending north to fas Route 1567. Contract time BO available days District Office Thomaston Price of Plans 512.00 Proposal Guaranty $18,000.00 Plans and specifications may be inspected at the General Offices in Atlanta, the District Office indicated, and at the office of the Board THURSDAY, AUGUST 7, 1975 of Commissioners of Roads and Revenue of the county (ies) in which the work is located. Copies of the Standard Specifications ($4.00), the proposal form ($5.00) and the plans (indi cated price) may be obtained from the State Transporta tion Office Engineer at the General Office in Atlanta. Payment of the correct amount must accompany each order; such payments will not be refunded. Pro posals will not be issued after 9:00 a.m. on the date of bid openings. Notices to Con tractors which include items and quantities are available upon payment of $12.00 annually to cover postage. Proposals must be submit ted on the proposal form issued by the Department. Each proposal submitted must be accompanied by a proposal guaranty in the indicated amount in the form of a Certified Check, Cashier’s Check or Bid or Proposal Bond on a form issued by the Department or the Georgia Highway Authority. In accordance with the Standard Specifications, the time set for receiving bid proposals terminates at 11:00 a.m. at Room 234 in the State Highway Building. The Bid proposals will then be transferred to Room 401 where they will be publicly opened. Bid proposals will not be received after 11:00 a.m. Bid proposals may be withdrawn by the bidder from Room 234 prior to 11:00 a.m. but cannot be with drawn after 11:00 a.m. A withdrawn bid proposal may again be received in Room 234 prior to 11:00 a.m. Acceptance of an offer submitted by the bid pro posals will be given in writing within thirty days after the opening of the bid unless a longer period is specified in the Proposal or agreed upon by the success ful bidder. Offers of bidders who do not hold a current Certificate of Qualification, H.D. Form 482, will not be accepted unless prequalifica tion requirements are speci fically waived for this work. Work will be governed by the applicable edition of Standard Specifications as amended by the contract provisions. Contract time will be as indicated. Pay ment will be made to the contractor each calendar month based on the esti mated work complete in place as prescribed by the Standard Specifications. Re tainage as prescribed by the Standard Specifications will be withheld or placed in escrow accounts at the option of the Contractor. Final payment of amounts with held or deposited in escrow will not be made until the State Highway Engineer has certified that the work has been satisfactorily com pleted and accepted. Projects financed with Federal funds will contain provisions with regard to minimum wages, employ ment of labor, methods of construction, and subletting or assigning the contract. On such projects, the Depart ment hereby notifies all bidders that it will affirma tively insure that, in any contract entered into pur suant to this advertisement, minority business enter prises will be afforded full opportunity to submit bids in response . to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Any Federally financed work located within the counties of Fulton, DeKalb, Cobb, Clayton, and Gwinnett, the estimated cost of which exceeds $500,000.00 will be subject to the requirements of the Atlanta Plan. Require ments of the Atlanta Plan will be included in the contract special provisions where applicable. Copies of the Atlanta Plan are avail able from the same source as plans and proposals. This advertisement is merely an invitation for the submission of bids which are to be considered as offers for performance of work by the submitting party. The State reserves the right to reject An In Depth Look At The Local Option Sales Tax By Jerry McLaurin During its 1975 session, the Georgia General Assembly enacted into law the Local Option Sales Tax Act (Act 598). This legislation became effective on July 1, 1975. Since its passage, the bill has stirred much interest in a number of counties and cities. Several counties al ready have called for local referendums, as prescribed by the law and more such referendums are expected throughout the state. The complexity of the legislation lends itself to misinterpretations and con fusion. So that the people in Butts County might better understand the Act and all of its limitations an analysis of the bill is presented below. ANALYSIS Section one of the bill provides that this Act is an exception to the prohibition against counties and cities enacting a local sales and use tax. Section two specifically authorizes each county to impose a sales and use tax at the rate of one percent subject to the requirement of a referendum. One percent of the tax proceeds go to the State for administrative costs and the remaining tax revenues are returned to the county and municipal governments with in that county on a population basis. Any tax levied in accord ance with the Act is administered by the State Revenue Commissioner, and dealers are reimbersed a certain portion for admini strative purposes. Should the tax be imposed in the county, the Act requires the county to reduce property taxes every year after the first year of the tax in the special district of taxation. The reduction in millage rate must be equivalent to the proceeds of the tax which the county received for the preceding year. The special district of taxation (in accordance with the Georgia Constitution) is set up by the Act so that the requirement for a reduction in property taxes might be carried out. The special district of taxation includes only the unicorporated areas of the county. Beginning with the third year of the tax, the county is any or all bids. Commissioner, Department Of Transportation 7- Notice NOTICE OF PUBLIC MEETING ON WASTE WATER FACILITIES 201 PLAN DeKalb County is pre paring a comprehensive wastewater collection and treatment plan for the Upper Yellow River Drainage Basin. The basin is located east of the Georgia Railroad and Chamblee-Tucker Road and includes Jackson Creek, Camp Creek, Stone Mountain Creek, Little Stone Moun tain Creek, Crooked Creek, Swift Creek, Stone Mountain Park, the City of Lithonia and the City of Stone Mountain. A public meeting will be held at the DeKalb County Courthouse Auditor ium on Thursday, August 14, 1975 at 8:00 p.m., EDT, to discuss alternative waste water systems which are being considered and receive comments and questions from the public. DeKalb County Water and Sewer System D. D. Brown, P.E., Director 8- required to maintain two distinct county millage rates: one for the incorpo rated areas and a different millage rate for the unincor porated area (special district of taxation). The millage rate in the unincorporated area must be lower than the one for the incorporated areas by an amount equal to the proceeds received by the county from the tax. The county government must notify the Judge of the Probate Court or the election board chairman to have the question placed on the ballot and the election must be held within 30 to 45 days after the call. Should the tax question be defeated in a county election, another county election can not be held for 24 months after the first election. If the tax is approved by a majority in a county election, then the county must adopt a resolution during the first 30 days of any calendar quarter stating that the county will impose the tax. Then the tax will be imposed on the first day of the second succeeding calendar quarter after the resolution is adopted. There are two cases in which the city may call for a city referendum on the tax. First, if the county has failed to issue a call for referendum within 90 days of a request by resolution from one of the two most populous cities in the county to do so. Second, if the tax question was rejected in a county election. If the tax should be approved in a city election, one percent of the collection shall go to the State for administrative costs and the remainder of the revenue shall be returned to the city government. Jenkinsburg News By Mrs. T. H. Price Guests during the weekend of Mr. and Mrs. Pierce Power were Mrs. Grace Crum, Shelia and Lynn, Mr. and Mrs. Tyrus Grant and girls, Mrs. Gail Johnson, all of Jackson; Mrs. Joyce Little of Jonesboro, Mr. and Mrs. James Power and son of Concord, Tenn., Mr. and Mrs. Lewis Dean and son of Norcross, Mr. and Mrs. Ed Power and family of Jenkins burg, Mr. and Mrs. Alfred Power and son of Griffin. Brenda of Griffin is spending some time with her grand parents. Mrs. Hazel Allen of Tampa, Fla. was a recent spend the night guest of Mr. and Mrs. Robert S. Letson and family. Miss Tammy Franks has returned from a month’s visit with Miss Marcia Franks of Palos Verdes, Calif. While there she visited Universal Studios and saw movies being made, and saw several movie stars. She also visited the Wax Museum of movie stars, several parks and interesting places and re ported having a marvelous time. Miss Jan Shepherd of Decatur spent last week visiting in Jenkinsburg. She spent most of her time with Misses Joye and Faith Letson. Mr. and Mrs. L. V. Morgan of St. Petersburg, Fla. spent several days with Mr. and Mrs. T. H. Morgan. They attended services at Jenkins burg Baptist Church on Sunday. Mr. and Mrs. Maron Snopel and Laura, and Miss Faith Letson left July 31st for a month’s visit to San Diego, Calif, and other points of interest. While there they will be guests of Mr. and Mrs. Snopel’s parents. Mrs. W. T. Mote and Talley had as visitors at Westbury last week Mrs. Edna Tarra toot of Atlanta, Mrs. Madge Godsey, and Miss Ruby If the county holds a referendum on the question after any city has approved the tax, then the city tax shall not be affected if the county voters reject the question. Should a city adopt the tax and at a later date, the county approve the measure, then the county tax cannot be implemented before the last day of the fiscal year of any city which has the tax. (This proviso protects the fiscal integrity of any city which has imposed the tax). A county or city that is levying a local income tax is prohibited from levying the local sales tax. Where the purchaser of tangible personal property has paid a local sales or use tax in another taxing jurisdiction, a credit is given against any sales or use tax authorized by this Act. In the event a tax was paid which was lower than the one authorized by this Act, the purchaser must pay the difference. The tax authorized by this Act cannot be imposed against tangible personal property which is ordered by and delivered to a purchaser outside the county or city which has adopted the tax, provided the delivery is made by the seller’s vehicle, U.S. Mail, common carrier, or by private or contract carrier. Each seller collecting the sales tax and making a tax return must identify the location of each retail establishment where the taxes were collected. Section three contains the severability clause. Section four establishes the effective date of the Act as July 1, 1975. Section five contains the repealer clause. Lane. Mr. and Mrs. T. H. Morgan visited Mrs. Ghue Thompson in Atlanta on Sunday. Mr. Paul Lyle, retired chief dispatcher of Southern Railway, and his son-in-law, Mr. Thompson of Atlanta, visited last Thursday with Mr. B. R. Hay. Rev. and Mrs. Harry Shepherd, Jan and Mark were dinner guests of Mr. and Mrs. Clay Sanders last Sunday. Visiting Mr. and Mrs. T. H. Price during the weekend were Mr. and Mrs. Martin Kelley, Eric and Gregg of College Park, Mr. and Mrs. Parker Bankston and Jerry of Atlanta, and Mr. and Mrs. A. V. Boston of Decatur. Mr. and Mrs. B. R. Hay had as their supper guests at Tomlin’s Restaurant Satur day night Rev. and Mrs. Harry A. Shepherd, Miss Jan Shepherd, Mrs. Robert S. Letson and Miss Joye Letson. Neighbors of Jenkinsburg welcome Mrs. Virginia Carnes and children of Conyers as newcomers here. They moved into the home of Mr. and Mrs. James Mixon. Mrs. W. M. Gallman accompanied Mr. and Mrs. Harold Cook of Jackson and attended homecoming at Rock Creek Baptist Church in Jasper County on Sunday. Mr. Elmer Smith, his mother and sister of Atlanta, visited Mr. and Mrs. B. R. Hay Sunday afternoon. Friends of Miss Nancy Haley will regret to learn that she suffered a partial stroke in her face and right side last week and is taking therapy at Emory Hospital. Our wishes and prayers are for her to have a quick and complete recovery. Miss Elizabeth Haley has returned from a two week’s tour with Tradewinds Tours of a delightful trip to beautiful Hawaii. She reports a wonderful time.