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. x in „ shall not operate to
T^ tr,C Jt the support of schools
corporations wrth
r S respective limits.
* ,h Section VI,
„ „ fl ,anh I. Contracts for
Pa! of public facilities, (a)
)>*• c?ate riate institutions, any
town, municipality or coun
this State may contract
any period not exceeding
1. years, with each other or
£ In,- public agency, public
nnfation or authority now or
Puffer created the use
ri' h subdivisions or the
thereof of any facili
tfor services of the State.
a e institutions, any city. town,
municipality > county, public
public corporation or
fnthoritv provided such con
fSs shall deal with such ac
tivities' and transactions as such
ciibdivisions are by law au
fhorized to undertake.
ih) Anv city, town, mumci-
Jiity or county of this State is
empowered, in connection with
anv contracts authorized, by the
preceding paragraph, to convey
f 0 a nv public agency, public
corporation or authority now or
hereafter created, existing fac
ulties operated by such city,
town municipality or county
for the benefit of residents of
each subdivisions, provided the
Jand buildings and equipment
so conveyed shall not be mort
gaged or pledged to secure ob
ligations of anv such miblic ag
ency public corporation or au
thority and provided such
facilities are to be maintain
ed and operated by such pub
lic agency, public corporation i
ithority for the same pur-1
poses for which such facilities;
were operated by such city. I
town, municipality or countv.
Nothing in this section shall
restrict the pledging of revenues
ef such facilities bv anv j
agenev. nublic cornoration or 1
authority.
j ■ Any city, town, munici- \
pa.itv or county of this State,
or any combination of the same,
may contract with any public
agency, public corporation or
authority for the care, mainte
nance and hospitalization of its
indigent sick, and may as a part
of such contract obligate itself
to pay for the cost of acquisi
tion, construction, moderniza
tion or repairs of necessary
buildings and facilities by such
public agency, public corpora
tion or authority, and provide
for the payment of such services
and the cost to such public
agency, public corporations or
authority of acquisition, con
struction. modernization or re
pair of buildings and facilities
from revenues realized by such
city, town, municipality or
county from any taxes author
ized by the Constitution of this
State or revenues derived from
any other sewr; \
Sac - ; VII.
Limitation on County and Mu-1
unicipal Debts.
Paragraph I. Debts of coun
lies and cities. The debt here
after incurred by any county,
municipal _ corporation or poli
tical division of this State ex
cept as in this Constitution pro
vided for, shall never exceed
seven per centum of the as
sessed value of all the taxable
property therein, and no such
county, municipality or division
shall incur any new debt ex
cept for a temporary loan or
loans, to supply casual defici- i
encics of revenue, not to exceed 1
one-fifth of one per centum of
the assessed value of the tax
able property therein, without
the assent of a majority of the
qualified voters of the county,
municipality or other political
subdivision voting in an election
for that purpose to be held as
proscribed by law; and provided
further that all laws, charter
provisions and ordinances here
tofore passed or enacted provid
ing special registration of the
voters of counties, municipal
corporations and other political
divisions of this State to' pass
upon the issuance of bonds by
such counties, municipal cor
porations and other political di
visions are hereby declared to
ne null and void; and the Gen
eral Assembly shall hereafter
nave no power to pass or enact
any law providing for such spe
™ registration, but the valid
ly of any and all bond issues
m such counties, municipal cor-
P rations or other political di
'made prior to January
;• '"45, shall not be affected
neitby; provided, that anv
(oumv or municipality of this
r V'l v fu ,'cept and use funds
bv the Federal Govern
ruem, or any agency thereof, to
ar..hJ n - f,nancms ,he cost of
jinJ; d'.ural. encineering. eco
investigations, studies,
ri 2*' designs, plans, working
specifications, pro
lim i r , tf; ’ other action pre
tmJjarv to the construction of
fur,i ' w,), 'ks, and where the !
,tsc 'd for the purposes
T . " ,l ;, re to be repaid with- j
’ a Period of ten years.
Paragraph 11. I,evy of taxes j
to pay bonds. Any county, mu
nicipal corporation or political
division of this State which
shall incur any bonded indebt
edness under the provisions of
this Constitution, shall at or be
fore the time of so doing, pro
vide for the assessment and col
lection of an annual tax suffi
cient in amount to pay the
puncipal and interest of said
debt, thirty years from
the date of the incurring of said
indebtedness.
Paragraph HI. Additional
debt authorized when. In addi
tion to the debt authorized in
Paragraph I of this section, to
be created by any countv, mu
mcipal corporation or political
subdivision of this Slate, a debt
may be incurred by anv coun
ty-,. municipal corporation or
political subdivision of this
Slate, in excess of seven per
of ttie asses sed value of
all the taxable property there
in. upon the following condi
tions: Such additional debt,
whether incurred at one or
more times, shall not exceed
in the aggregate, three per
oontum of the assessed value of
all the taxable property in such
county, municipality or political
subdivision; such additional
debt shall be payable in equal
installments within the five
years next succeeding the is
suance of the evidences of such
debt; there shall be levied bv
the governing authorities of
sugh county, municipality or
political subdivision prior to the
issuance of such additional debt,
a tax upon all of the taxable
property _ within such county,
j municipality or political subdi
vision collectable annually, suf
j ficient to pay in full the prin
cipal and interest of such addi
tional debt when as due; such
i lax shall be in addition to and
I separate from all other taxes
■ levied by such taxing authori
i ties, and the collections from
i such tax shall be kept separate
and shall be held, used and ap
plied solely for the payment of
the principal and interest of
such additional indebtedness;
authority to create such addi ■
tional indebtedness shall first
have been authorized bv the
General Assembly; the creation
of such additional indebtedness
shall have been first authorized
by a vote of the registered vot
ers of such county, municipal
ity or political subdivision at
an election held for such pur
pose, pursuant to and in ac
cordance with the provisions of
this Cpnstitution and of the
then existing laws for the crea
tion of a debt by counties, mu
nicipal corporations, and poli
tical subdivisions of this State,
all of which provisions, includ
ing those for calling, advertis
ing, holding and determining
the result of, such election and j
I the votes necessary to author
j ize the creation of an indebted- !
; ness, are hereby made applic- j
| able to an election held for the
purpose of authorizing such ad
ditional indebtedness.
Paragraph IV. Temporary
loans authorized; conditions. In
addition to the obligations,
herein before allowed, each
county, municipality and poli
tical subdivision of the State au
thorized to levy taxes, is given
the authority to make tempor
ary loans between January Ist
and December 31st in each year
to pay expenses for such year,
upon the following conditions:
I The aggregate amount of all |
I such loans of such county, mu-
I nicipality or political subdivi
sion outstanding at any one
time, shall not exceed seventy
five per centum of the total
gross income of such county
municipality or political subdi
vision, from taxes collected by
such county, municipality 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 under the provisions
of this paragraph 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, adopted
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 anticipated revenue
of such county, municipality or
subdivision for such calendar
year, nr issue iir one calendar
year notes, warrants or other
evidences of such indebtedness
in a total amount in excess of j
| such anticipated revenue for.
such year.
j Paragraph V. Revenue aati- j
1 cipalion obligations. Revenue 1
CONSTITUTIONAL AMENDMENTS
on cbll « atl ons may be
nfi U n d by ? ny c °unty, munici
pal corporation or political sub
: 5X2 sl ° n i )f to pro
o* fun .4 s for the purchase or
construction, in wnole or in
Pf. of any,revenue-producing
facility which such county mu
mcipa 1 corporation or political
subdivision is authorized by the
Act of the General Assembly
approved March 31, 1937
known as “The Revenue Cer-
; flcat ? J h; 8 "’ 8 of 1937,” as
Act approved
March 14, 1939, to construct and
operate, or to provide funds to
extend, repair or improve any
such existing facility, and to
ouy, construct, extend, operate
ana maintain gas or electric
generating and distribution sys
tems. together with all neces
sary appurtenances thereof,
buch revenue anticipation ob
ligations shall be payable, as to
Principal and interest, only
from revenue produced by rev
enue-producing facilities of the
issuing political subdivision, and
snail not be deemed debts of
or to create debts against, the
issuing political subdivisions
within the meaning of this
paragraph or anv other of this
Constitution. This authority
shall apply only to revenue an
ticipation obligations issued to
provide funds for the purchase,
construction, extension, repair
or improvement of such facili
ues and undertakings as are
specifically authorized and enu
merated by said Act of 1937. as
amen d e d by said Act of 1939;
and to buy, construct, extend!
operate and maintain gas Di
electric generating and distribu
tion systems, together with all
necessary appurtenances there
of; provided further any reve
nue certificates issued to buy,
construct, extend, operate and :
maintain gas or electric gen
e>’ahn S and distribution systems
shall, before being undertaken,
be authorized by a majority of
those voting at an election held
lor the purpose in the county,
municipal corporation or politi
cal subdivision affected, and!
provided further that a ma
lOHty of the registered voters
of such county, municipal cor-1
poration or political subdivision
affected shall vote in said elec
tion, the election for such to be
held in the same manner as is
used in issuing bonds of such
county, municipal corporation
or political subdivision and the
said election shall be called and
provided for by officers in
charge of the fiscal affairs of
said county, municipal corpora
tion or political subdivision af
fected; and no such issuing po
litical subdivision of the State !
shall exercise the power of tax-1
ation for the purpose of paying!
the principal or interest of any ;
such revenue anticipation obli- 1
gations or any part thereof.
Provided that after a favor
; able election has been held as
! set forth above, if municipal
ities, counties or other political
subdivisions shall purchase,
construct, or operate such elec
< trie or gas utility plants from
the _ proceeds of said revenue
j certificates, and extend their
services beyond the limits of the
county in which the municipal
ity or political subdivision is lo
cated. then its services render
ed and property located outside
said county shall be subject to
| taxation and regulation as are
privately owned and operated
I utilities.
Paragraph VI. Refunding
; bonds. The General Assembly is
hereby authorized to create a
j commission and to vest such
I commission with the power to
secure all necessary information
and to approve or disapprove
the issuance of bonds for the
purpose of refunding any bond
ed indebtedness of any county,
municipality or political subdi
vision of this State issued prior
to the adoption of thin Consti
tution, including the authority
to approve or disapprove the
amount and terms of such re- j
funding bonds, together with J
such other powers as to the
General Assembly may seem
proper, but not in conflict with
the provisions of the Constitu-
I tion. Such refunding bonds
| shall be authorized only where
| such county, municipality or
j political subdivision has nofj
j the funds available to meet the |
payment of outstanding bonded
l indebtedness through failure to
j levy and collect the required
(taxes, or through failure to
\ maintain the required sinking
fund for such bonds. The Gen
[ oral Assembly may approve the
j issuance of the said refunding
j bonds under the conditions
i stated. Spch refunding bonds
j shall not. together with all oth
| er outstanding bonded indebt-
I edness exceed the limits fixed
jby this Constitution for the
! maximum amount of bonded
j indebtedness which may be is- j
1 sued by such county, munici- 1
I polity or political subdivision ,
'and shall be otherwise govern
ed by all of the tenia and pro- i
visions of this Constitution. No .
j bonds shall be issued mulct thin
1 paragraph to refund any bonus '
2 issued after the adoption of this
- Constitution.
Paragraph VII. Refunding
bond* lo reduce bonded indebt -
- edness. The General Assembly
; is further authorized to give
’ to the said Commission the
" power and authority to approve
i u r disapprove the issuance of
; bonds to refund any outstanding
bonded indebtedness of anv
. county, municipality or political
; subdivision, now or hereafter is
? sued, for the purpose of reduc
ing the amount payable, prin
l cipal or interest, on such bonded
’ indebtedness, and upon the
r condition that, the issuance of
) such refunding bonds will re
i ducc the amounts payable upon
such outstanding bonds, prin
■ cipal or interest. Such refund
■, mg bonds shall replace such
. j outstanding bonded indebted
ness. The said Commission shall
i have the authority to approve
or disapprove the terms of ahv
such proposed refunding bonds.
; The General Assembly may au
-1 thonze the issuance of such re
, funding bonds issued for the
■ said purpose, when approved by
’ the said Commission and au
; thorized by the governing au
: thority of such county, muni
cipality or subdivision, without
an election by the qualified
| voters as otherwise required,
j but in all other respects such
refunding bonds shall comply
with the provisions of this Con
! stitution.
Section VIII,
Paragraph I. Sinking funds
for bonds. All amounts collected
from any source for the pur
pose of paying the principal and
interest of any bonded indebt
edness of any county, munici
pality or subdivision and to
provide for the retirement of
such bonded indebtedness,
above the amount needed to pay
the principal and interest on
such bonded 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 interest of
such bonded indebtedness there
| after maturing.
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 in
vested and reinvested by the
governing authorities of such
county, municipality or subdi
vision or by such other authori
ty as has been created to hold
and manage such sinking fund,
in the bonds of such county,
municipality or subdivision, and
I in bonds or obligations of the
| State of Georgia, of the counties
and cities thereof and of the
, government of the United
States, of subsidiary corpora
tions of the Federal Govern
ment fully guaranteed by such
government, and no other. Any
person or persons violating the
above provisions, shall be guilty
of malpractice in office and
shall also be guilty of misde
meanor, and shall hr punished,
when convicted, as prescribed
by law for the punishment of
misdemeanors, until the Gen
eral Assembly shall make oth
er provisions for the violation
of the terms of this paragraph.
Section IX.
Appropriation Control,
Paragraph I. Preparation and
submission of General Appro
priation Bill. The Governor
shall submit to the General As-!
scmbly within fifteen days after
its organization, a budget mes
sage accompanied by a draft of
a General Appropriation Bill. |
which shall provide for the ap-1
propriation of the funds neces- j
sary to operate all the various j
departments and agencies, and
to meet the current expenses of
the Slate for the ensuing fiscal
year.
Paragraph 11. Continuation of
General Appropriation Act. Each
; General Appropriation Act,
I with such amendments as are
adopted from lime to time, shall
continue in force and effect for
each fiscal year thereafter until
repealed or another General
Appropriation Act is adopted:
provided, however, that each j
, section of the General Appro
priation Act in force and effect
on the date of the adoption of
! this Constitution, of general ap
olication and pertaining to the
administration, limitation and
restriction on the payment of
appropriations and each section
providing for appropriation of
Federal Giants and other con
tinuing appropriations and ad
juslments on appropriations
shall remain in force and effect
until specifically and separately
repealed by the General Assem
bly.
Paragiaph 111. Oiher or sup- i
i pleinentary appropriations. In
1 addition to the appropriations j
made by the General Appro-I
ipiiation Act and amendments
thereto, the General Assembly
may make additional appropria
tions by Acts, which shall be
'known as supplementary appro-
PAGE SEVEN
sjpriation Acts, provided no such
I supplementary appropriation
3 jshall be available unless there is
■! an unappropriated surplus in
/ the Stale Treasury or the reve
-2 nue necessary to pay such ap
; propnafion shall have been pro
-2 vided by a tax laid (or such
1 purpose and collected into the
; tenoral Fund, of the State
• lieasury. Neither House shall
' pass a Supplementary Appro
pi lation Bill until the General
Appropriation Act shall have
, been finally adopted by both
; Houses and approved* by the
| Governor.
Paragraph IV, Appropriations
i lo be f or specific sums. The ap
. propriation for each depart
. ment. officer.- bureau, board,
i commission, agency or institu
tion for which an appropriation
1 is made, shall be for a specific
' sum of money, and no appro
priation shall allocate to any
object, the proceeds of any par
ticular tax or fund or a part or
percentage thereof.
Paragraph V. Appropriations
void, when. Any appropriation
made in conflict with either of
the foregoing provisions shall
be void
Section X.
Paragraph 1. Existing amend
ments continued of force
Amendments to the Constitu
tion of (lie State of Georgia of
i 1877 in effect at the date of the
ratification by the voters of the
State, of (his Constitution,
shall continue of full force
and effect after the ratifica
tion of this Constitution,
where such amendments are of
merely local, and not, general
application, including the
amendments pertaining to the
Coastal Highway District of this
State. There is also continued
under this provision in force
and effect, amendments to the
Constitution of 1877 applicable
to counties and cities having a
population in excess of a num
ber stated in such amendments,
and amendments applicable to
counties having a city wholly or
partly therein with a popula
tion in excess of, or not V\ss
than a number stated in such
amendment, and amendments
applicable to cities lying in two
counties, where such amend
ments are in force and effect
at the time of the ratification of
this Constitution. Provided the
amendment of Paragraph I of
Section II of Article XI of
the Constitution of 1877 pro
posed by Georgia Laws 1943
page 53 and ratified August 3.
1943, authorizing election by the
people of the County Board of
Education of Spalding County;
prescribing rules of eligibility
of members of the Board: pro
viding for election by the Board
of the County Superintendent
of Schools shall not be contir
ucd of force.
ARTICLE V T II.
Education.
Section I.
Paragraph I. System of com
mon schools; free tuition, sep
aration of races. The provision
of an adequate education for the
citizens shall be a primary ob
ligation of (he State of Georgia,
the expense of which shall be
provided for by taxation. Sepa
rate schools shall be provided
for the while and colored races.
Section 11.
Paragraph I. State Board of
Education; method of appoint
ment. There shall be a State
Board of Education, composed
of one member from each Con
gressional District in the State,
who shall be appointed by the
Governor, by and with the ad
vice and consent of the Senate,
The Governor shall not be a '
member of the Stale Board of
Education. The first State
Board of Education under this
Constitution shall consist of
those in office at the time this
Constitution is adopted, with
the terms provided by law.
Thereafter, all succeeding ap
pointments shall be for seven
year terms from the expiration
of the previous term. Vacan
cies upon said Board caused by
expiration of term of office
shall be similarly filled bv ap
pointment and confirmation. In
case of a vacancy on said Board,
bv death, resignation, or from
any other cause other than the
expiration of such member’s
term of office, the Board shall
by secret Ballot elect his suc
cessor who shall hold office un
til the end of the next session of
the General Assembly, or if the
General Assembly be then in
session to the end of that session.
During such session of the Gen
eral Assembly the Governor
shall appoint the successor mem
ber of the Board for the unex
pired term and shall submit hi*
name to the Senate for confirm
ation. All members of the Board
shall hold office until their suc
cessors are appointed and quali
fied. The members of the Slate
Boaid of Education shall he citi
/ens of this Slate who shall have
resided in Georgia cortinuMißly
for ut least live years preceding
