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ctridion shall not operate to l,
Srevent the support of schools n
municipal corporations with- d
In their respective limits. s
Section VI.
Paragraph I. Contracts for \
0 f public facilities, (a) *
Sf® State, state institutions, any \
5 town municipality or coun
♦V if this state may contract c
any period not exceeding *
ff/tv years, with each other or '
uith any public agency, public {
corporation or authority now or
hereafter created, for the use
hv such subdivisions or the '
residents thereof of any facili
tfeg or services of the State,
» ate institutions, any city, town,
municipality, county, public
agency. public corporation or ;
authority, provided such con
tracts shall deal with such ac
tivities and transactions as such \
subdivisions are by law au- ;
thorized to undertake. . . ‘
(b) Any city. town, mumci- j
cality or county of this State is ,
empowered, in connection with ,
any contracts authorized, by the ,
pji'ceding paragraph, to convey j
to any public agency, public (
corporation or authority, now or ,
hereafter created, existing f.ac-
Pities operated by such city. ,
town, municipality or county ;
for the benefit of residents of
euch subdivisions, provided the
land, buildings and equipment
go conveyed shsll not be mort
caged or pledged to secure ob
ligations of any such miblic ag
ency public corporation or au
thority and provided such
facilities are to be maintain
ed and operated bv such pub
lic agency, public corporation
or authority for the same pur
poses for which such facilities
were operated by such city,
town, municipality or countv
Nothing in this section shall
restrict the pledging of revenues
of such facilities bv anv mrblic
agency, public corporation or
Bii*’’°ritv.
Any city, town, munici
pa ‘v or county of this State,
or any combination of the same,
jnav 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 so"”'"
Socitcn /11.
Limitation on County and Mu
unicipal Debts.
Paragraph I. Debts of coun
ties 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
encies of revenue. not--to exceed
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
prescribed 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
be null and void: and the Gen
eral Assembly shall hereafter,
have no power to pass or enact
any law providing for such spe
cial registration, but the valid
ity of any and all bond issues
by such counties, municipal cor
porations or other political di
visions 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 Govern
ment, or any agency thereof, to
aid in financing the cost of
architectural, engineering, eco
nomic investigations, studies,
surveys, designs, plans, working
diawings, specifications, pro
cedures, and other action pre
liminary to the construction of
public works, and where the
funds sc used for the purposes
fipedlied are to be repaid with
in a period of ten years.
Paragraph 11. Levy of taxes
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
principal and interest of said
debt, within thirty years from
the date of the incurring of said
indebtedness.
Paragraph 111. Additional
debt authorized when. In addi
tion to the debt authorized in
Paragraph I of this section, to
be created by any county, mu
nicipal corporation or political
subdivision of this State, a debt
may be incurred by any coun
ty, municipal corporation or
political subdivision of this
State, in excess of seven per
centum of the assessed 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 tha aggregate, three per
centum 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 by
the governing authorities of
such county, municipality or
political subdivision prior to the
issuance of such additional debt,
a tax upon all of the taxable
property within such county,
municipality or political subdi
vision collectable annually, suf
ficient to pay in full the prin
cipal and interest of such addi
tional debt w'hen as due; such
tax shall be in addition to and
separate from all other taxes
levied by such taxing authori
ties, and the collections from
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 addh
tional 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 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 Constitution 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 W'hich provisions, includ
. ing those for calling, advertis
i ing, holding and determining
, the result of. such election and
the votes necessary to author
ize the creation of an indebted
ness. are hereby made applic
• able to an election held for the
purpose of authorizing such ad
ditional indebtedness.
Paragraph IV. Temporary
loans authorized! conditions. In
j addition to the obligations,
| herein before allowed, each
’ county, municipality and poli
i 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:
; The aggregate amount of all
j such loans of such county, mu
> nicipality or political subdivi
. sion outstanding at any one
[ time, shall not exceed seventy
j five per centum of tha total
' gross income of such county.
{ municipality or political subdi
vision, from taxes collected by
! such county, municipality or
I 5 political subdivision in the last
preceding year. Each such loan
j 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 w'hen there is
’ a loan then unpaid which was
1 made in a prior year under the
provisions of this paragraph.
' Each such loan shall be first
J authorized by resolution fixing
‘ the terms of such loan, adopted
b by a majority vote of the gqv
-1 erning body of such county, city
or political subdivision, at a
* meeting legally held, and such
I resolution shall appear upon the
minutes of such meeting. No
" such county, municipality or
i subdivision shall incur in any
\ one calendar year, an aggregate
. of such temporary loans and
® other contracts or obligations
5 for current expenses, in excess
‘ of the total anticipated revenue
f of such county, municipality oi
- subdivision for such calendar
’> year, or issue in one calendai
’ year notes, warrants or othei
- evidences of such indebtedness
f in a total amount in excess oi
such anticipated revenue for
. such year.
Paragraph V. Revenue anil
e cipalion obliaalioris. Revenue
CONSTITUTIONAL AMENDMENTS
anticipation obligations may be
issued by any county, munici
pal corporation or political sub
division oil this State, to pro
vide funds for the purchase or
construction. In whole or in
part, of any revenue-producing
facility which such county, mu
nicipal corporation or political
subdivision is authorized by the ;
Act of the General Assembly ;
approved March 31, 1937, (
known as "The Revenue Cer- ■
tificate Laws of 1937,” as
amended by the Act approved
March 14, 1939, to construct and i
operate, or to provide funds to
extend, repair or improve any i
such existing facility, and to ;
buy, construct, extend, operate (
and maintain gas or electric !
generating and distribution sys- (
terns, together with all neces- i
sary appurtenances thereof. <
Such revenue anticipation ob- i
ligations shall be payable, as to !
I principal and interest, only <
from revenue produced by rev- ;
enue-producing facilities of the r
issuing political subdivision, and t
shall not be deemed debts of, 1
or to create debts against, the ;
issuing political subdivisions t
within the meaning of this t
paragraph or any other of this j I
Constitution. This authority i <
! shall apply only to revenue an-1 i
j ticipation obligations Issued to '
! provide funds for the purchase, 1
construction, extension, repair i
or improvement of such facili- ’
ties and undertakings as are
specifically authorized and enu
merated by said Act of 1937, as
amended by said Act of 1939; i t
and to buy, construct, extend, j
operate and maintain gas or ,
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 I
maintain gas or electric gen- j
crating and distribution systems ,
shall, before being undertaken
be authorized by a majority of
those voting at an election held
for the purpose in the county,
municipal corporation or politi- ,
cal subdivision affected, and
provided further that a ma
jority of the registered voters
; of such county, municipal cor
poration or political subdivision
; affected shall vote in said elec
-1 tion. the election for such to be
held in the same manner as is
used in issuing bonds of such
I county, municipal corporation
■ or political subdivision and the
said election shall be called and
i provided for by officers in
; charge of the fiscal affairs of
■ said county, municipal corpora
| tion or political subdivision af
fected: and 6 no such issuing po
litical subdivision of the State
’ shall exercise the power of tax
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 favop
, j able election has been held as
, I set forth above, if municipal-
I j ities, counties or other political
j subdivisions shall purchase,
! construct, or operate such elec
'j trie or gas utility plants from
1 , the proceeds of said revenue
J certificates, and extend their
1 services beyond the limits of the
county in which the municipal
* ity or political subdivision is 10-1
1 cated, then its services render
' ed and property located outside
I said county shall be subject to
, taxation and regulation as are
; privately owned and operated
j utilities.
. j Paragraph VI. Refunding
. | bonds. The General Assembly is
»| hereby authorized to create a
II commission and to vest such
1 i commission with the power to
* secure all necessary information
. and to approve .or disapprove
f the issuance of bonds for the
- purpose of refunding any bond
t ed indebtedness of any county,
, municipality or political subdi
c i vision of this State issued prior
r i to the adoption of this Consti
-1 i tution, including the authority
.; to approve or disapprove the
* | amount and terms of such re
„ I funding bonds, together with
1 i such other powers as to the
* I General Assembly may seem '
” j proper, but not in conflict with
the provisions of the Constitu- j
a tion. Such refunding bonds.
3 shall be authorized only where j
such county, municipality or
J political subdivision has not
I the funds available to meet the
U j payment of outstanding bonded
i indebtedness through failure to
„ levy and collect the required
0 i taxes, or through failure to
I ! maintain the required sinking
' fund for such bonds. The Gen
ii eral Assembly may approve the
■: issuance of the said refunding
bonds under the conditions
„ staled. Such refunding bonds
6 shall not, together with all oth
ir er outstanding bonded indebt
ir edness exceed the limits fixed
[r by this Constitution for the
maximum amount of bonded
indebtedness which may be.is
>s sued by such county, murnci
>f I pality or political subdivision
,r I and shall be otherwise govern
* ed by all of the terms and pro
i visions of this Constitution. No
>■ bonds shall be Issued under this
le I paragraph to refund any bonus
issued after the adoption of this
Constitution.
Paragraph VII. Refunding
bonds io reduce bonded indebt-:
edness. The General Assembly
is further authorized to give
to the said Commission the
power and authority to approve
or disapprove the issuance of
bonds to refund any outstanding
bonded indebtedness of any
county, municipality or political
subdivision, now or hereafter is
sued, for the purpose of reduc
ing the amount payable, prin
cipal or interest, on such bonded
indebtedness, and upon the
condition that, the issuance of
such refunding bonds will re
duce the amounts payablo upon :
such outstanding bonds, prin
cipal or interest. Such refund- :
ing bonds shall replace such
outstanding bonded indebted- 1
ness. The said Commission shall :
have the authority to approve '
or disapprove the terms of any I
such proposed refunding bonds. <
The General Assembly may au- 1
thorize the issuance of such re- j
funding bonds issued for the
said purpose, when approved by ,
the said Commission and au- j
thorized by the governing au- (
thority of such county, muni- j
cipality or subdivision, without
an election by the qualified
voters as otherwise required,
but in all other respects such :
refunding bonds shall comply ;
with the provisions of this Con- ]
stitution. J
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- 1
pality or subdivision and to
provide for the retirement of i
such bonded indebtedness, J
above the amount needed to pay k
the principal and interest on '
such bonded indebtedness due f
in the year of such collection, '
shall be placed in a sinking '
fund to be held and used to pay j
off the principal and interest of >
such bonded indebtedness there- 1
after maturing. c
The funds in such sinking l
fund shall be kept separate and I
apart from all other moneys of 1
such county, municipality or
subdivision, and shall be used f
for no purpose other than that (
above stated. The moneys in i
such sinking fund may be in- i
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, i
in the bonds of such county
municipality or subdivision, and
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 he 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
sembly within fifteen days after
its organization, a budget mes
sage accompanied bv a draft of
a General Appropriation Bill,
which shall provide for the ap
propriation of the funds neces
sary to operate all the various
departments and agencies, and
to meet the current expenses of
the State for the ensuing fiscal
year.
Paragraph 11. Continuation of
General Appropriation Act. Each
General Appropriation Act,
with such amendments as are
adopted from time to time, shall
continue in force and effect for
j each fiscal year thereafter until
repealed or another General
I Appropriation Act is adopted;
j provided, however, that each
section of the General Appro
| priation Act in force and effect
I on the date of the adoption of
| this Constitution, of general ap
, plication and pertaining to the
j administration, limitation and
i restriction on the payment of
appropriations and each section
providing for appropriation of
Federal Grants and other con
tinuing appropriations and ad
-1 justments on appropriations
1 shall remain in force and effect
until specifically and separately
repealed by the General Assem-
I bly. t
Paragraph 111. Other or sup
plementary appropriations. In
. addition to the appropriations
i made by the General Appro
. priation Act and amendments
• thereto, the General Assembly
> may make additional appropria
! tions by Acts, which shall be
( known as supplementary appro-
PAGE SEVEN
Iprialion Acts, pfovided no such
'supplementary appropriation
shall be available unless there is
an unappropriated surplus in
the State Treasury or the reve
nue necessary to pay such ap
propriation shall have been pro
vided by a tax laid for such
purpose and collected into the
General Fund of the State
Treasury. Neither House shall
pass a Supplementary Appro
priation Bill until the General
Appropriation Act shall have
been finally adopted by both
Houses and approved bv the
Governor.
Paragraph IV. Apprcprialions
to be for specific sums. The ap
propriation for each depart
ment. officer, bureau, board,
commission, agency or institu
tion for which an appropriation
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 thereot
Paragraph V. Appropriations
void, when. Any appropriation
made in conflict with either of
the foregoing provisions shall
be void.
Section X.
Paragraph I. Existinq amend
ments continued of force.
Amendments to the Constitu
tion of the State of Georgia of
1877 in effect at the date of the
ratification by the voters of the
Stale, of this 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 t ho
Constitution of 1877 applicable
to counties and cities having i
population in excess of a nunv
ber stated in such amendments
and amendments applicable U
counties having a city wholly m
partly therein with a popula
tion in excess of, or not fesfl
than a number stated in such
amendment, and amendments
applicable to cities lying in two
counties, where such amend
ments are in foAe 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 tbe County Superintendent
of Schools shall not be contin
ued of force.
ARTICLE VIII.
Education.
Section I.
Paragraph I. System of com
mon schools; free tuition, sep
! aralion of races. The provision
of an adequate education for the
citizens shall be a primary ob
ligation of the State of Georgia,
the expense of which shall be
provided for by taxation. Sepa
rate schools snail be provided
for the white 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 State 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 Vacan
cies upon said Board catH*d by
expiration of term of office
shall be similarly filled by ap
pointment and confirmatftm. In
case of a vacancy on said Board.
! by 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 his
name to the Senate for confirm
i ation, All members of the Board
> shall hold office until their suc
cessors are appointed and quali
> fied. The members of the State
i Boaid of Education shall be dti
■ zenn of this Slate who shall have
- resided in Georgia continuously
■ for lit least five years preceding