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HOUSTON HOME JOI’R.NAL THI’HS.. (XT. 17. 197
Constitutional
Amendments
y -
j House Resolution No. 660-1942
Resolution Act No. 172
A Resolution
Proposing an amendment to the
Constitution so as to create the
Douglasville-Douglas County Stadium
Authority; to provide for the sub
mission of this amendment for rati
fication or rejection; and for other
purposes.
BE IT RESOLVED BY THE
GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article XI of the Con
stitution is hereby amended by add
ing at the end thereof a new Section
IV, to read as follows:
"Section IV, Douglasville-Doug
las County Stadium Authority.
Paragraph I Douglasville-Doug
las County Stadium Authority.
There is hereby created a body
corporate and politic to be
known as the Douglasville-Doug
las County Stadium Authority,
and which shall be deemed to be
a political subdivision of the State
of Georgia and a public corpo
ration and by that name, style
and title said body may contract
and be contracted with, sue and
be sued, implead and be im
pleaded, complain and defend in
all courts of law and equity.
The Authority shall consist
of seven members. One of the
initial members shall be appom
led by the Douglas County Board
of Education, and may or may
not be a member of the board,
and shall serve for an initial term
of office of three years. One of
the initial members shall be ap
pointed by the governing author
ity of Douglas County, and shall
serve for an initial term of office
of two years, and two of the init
ial members shall be appointed
by the governing authority of
Douglas County, and shall serve
for initial terms of office of three
years each One of the initial
members shall be appointed by
the governing authority of the
City of Douglasville, and shall
serve for an initial term of office
of one year, and one of the initial
members shall be appointed by
the governing authority of the
City of Douglasville, and shall
serve for an initial term of office
of two years. The six members
so appointed shall appoint the
seventh member who shall serve
for an initial term of office of
three years. All members shall
serve for their respective terms
of office and until their respec
tive successors are duly appointed
and qualified. Following the terms
of office of the initial members,
successors shall be appointed by
the members of the Authority im
mediately prior to the expiration
of the terms of office of mem
bers. All members shall take
office on the first day of Janu
ary, with the initial members tak
ing office on January I, 1975.
Following the terms of office of
the initial members, the term of
office of all members shall be
for three years. Members of the
Authority may succeed themselves.
In the event of the death, resig
nation. removal, disability or
vacancy from any other cause the
members of the Authority shall
appoint a successor for the re
mainder of the unexpired term
of office.
The members of the Authority
shall elect one of their number
as chairman, another as vice
chairman, and may also elect a
secretary-treasurer, who need not
necessarily be a member of the
Authority.
The chairman and vice chan
man. and secretary tieasurci shall
serxe for a period of one (I) year
and until their successors arc
appointed and qualified. Four t 4)
members of the Authority shall
constitute a quorum.
No vacancy on the Authority
shall impair the right of the
quorum to exercise all their rights
and to perform all of the duties
of the Authority.
The chairman of the Authority
shall not he entitled to vote upon
I any issue, motion or resolution,
except in the case of a tie vote
of the other members voting on
said motion, resolution, or ques
tion.
The members of the Authority
shall serve without compensation
provided that all members shall
be reimbursed for their actual
expenses necessarily incurred in
the performance of their duties.
The Authority shall make rules
and regulations for its own gov
ernment It shall have perpetual
existence. Members of the Author
ity shall give bond in the amount
of SIO,OOO each, payable to the
Authority and conditioned upon
the faithful discharge of their
i duties. The costs of such bonds
shall be paid from the funds of
the Authority. Members may be
removed for cause by proper ac
tion brought in the Superior
Court of Douglas County.
Paragraph IT Definitions. —As
used in this Section, the following
words or terms shall have the
following meanings;
(a) The word 'Authority’ shall
mean the Douglasville-Douglas
County Stadium Authority created
by this Section.
(b) The word 'Project' shall be
deemed to mean a stadium facil
ity to be used for athletic contests,
games, meetings, trade fairs, expo
sitions. agricultural events, cul
tural events, conventions and
PAGE 12-B
other public entertainments; to
gether with parking facilities or
parking areas in connection there
. with, related buildings and the
usual and convenient facilities
appertaining to such undertakings,
and extensions and improvements
of such facilities.
(c) The term ‘Cost of the Pro
ject’ shall embrace the cost of
construction, the cost of all lands,
properties, rights, easements and
franchises acquired, the cost of
all machinery and equipment, fi
nancing charges, interest prior to
| and during construction, and for
one (I) year after completion of
construction, cost of engineering,
architectural and legal expenses,
and of plans and specifications,
and other expenses necessary or
incident to the financing herein
authorized, or the construction of
any project, the placing of the
same in operation, and the con
[ demnation of property necessary
' for such construction and opera
tion. Any obligation or expense
incurred for any of the foregoing
j purposes shall be regarded part
! of the cost of the project and
may be paid or reimbursed as
such out of the proceeds of reve
nue bonds issued under the pro
visions of this Section for such
project.
(d) The term Revenue Bonds',
‘Bonds' and 'Obligations’ as used
in this Section, shall mean revenue
bonds as defined and provided
for in the Revenue Bond laws
of Georgia (Oa. laws 1957, p.
56), amending the law formerly
known as the ‘Revenue Certificate
Law of 1937’ (Ga. laws 1937,
p, 761), as amended, and such
type of obligations may be issued
by the Authority as authorized
under said Revenue Bond law
and in addition, shall also mean
obligations of the Authority, the
issuance of which are hereinafter
specifically provided for in this
Section.
(e) Any project shall be deemed
'self-liquidating' if in the judge
ment of the Authority, the reve
nues and earnings to be derived
by the Authority therefrom and
all properties used, leased and
sold in connection therewith will
be sufficient to pay the principal
and interest of the revenue bonds
which may be issued to finance,
in whole or in part, the cost of
such project or projects.
Paragraph 111. Powers. —The
Authority shall have powers:
(a) to have a seal and alter
the same at its pleasure;
(b) to accept gifts, grants and
donations;
(c) to acquire by purchase, lease
or otherwise, and to hold, lease
and dispose of, real and personal
property, of every kind and char
acter for its corporate purposes;
(d) to acquire in its own name
by purchase, on such terms and
conditions and in such manner as
it may deem proper, or by con
demnation in accordance with the
provisions of any and all existing
laws applicable to the condemna
tion of properly for public use,
real properly, or rights of ease
ments therein, or franchises nec
essary or convenient for its cor
porate purposes, and to use the
name so long as its corporate
existence shall continue and to
lease or make contracts with re
spect to the use of or dispose of
the same in any manner it deems
to the best advantage of the
Authority, the Authority being
under no obligation to accept and
pay for any property condemned
under this Section except from
the funds provided under the
authority of this Section, and in
an> proceedings to condemn, such
orders may be made by the court
having jurisdiction of the suit,
action or proceedings as may be
just to the Authority and to the
owners of the property to be
condemned, and no properlx shall
be acquired under the provisions
of this Section upon which any
lien or encumbrance exists, unless
at the time such property is so
acquired a sufficient sum of
money be deposited in trust to
pay and redeem the fair value
of such lien or encumbrance; and
if the Authority shall deem it
expedient to construct any project
on any other lands the title to
which shall then be in the State
of Georgia, the Governor, is here
by authorized to convey, for and
in behalf of the Slate, title to
such lands to the Authority upon
payment to the general fund of
the Slate, the reasonable value
of such lands, such value to be
determined by three appraisers to
be agreed upon by the Governor
and the chairman of the Author
ity:
(el to appoint, select and em
ploy officers, agents and employ
ees, including engineering, archi
tectural and construction experts,
fiscal agents and attorneys, and
fix their respective compensa
tions;
(fl to make contracts, leases,
and to execute all instruments
necessary or convenient, including
contracts for construction of pro
jects and leases or projects or
contracts with respect to the use
of projects which it causes to be
erected or acquired, and any and
all persons, firms and corpora
tions and any and all political
subdivisions, departments, institu
tions or agencies of the State are
hereby authorized to enter into
contracts, leases or agreements.
B
" x-ilu the Authority upon such
terms and for such purposes as
they deem advisable; and without
limiting the generality of the
above, authority is specifically
■ granted to municipal corporations
and counties and to the Authority
to enter into contracts, lease
agreements, or other undertakings
relative to the furnishing of ser
, vices and facilities by the Author
ity to such municipal corpora
j tions and counties for a term not
exceeding fifty (50) years;
(g) to construct, erect, acquire,
[ own, repair remodel, maintain.
add to, extend, improve, equip,
I operate and manage projects, as
f hereinabove defined, the cost of
any such project to be paid in
, whole or in part from the pro
ceeds of revenue bonds of the
f Authority or from such proceeds
and any grant from the United
States of America or any agency
or instrumentality thereof;
(h) to accept loans and grants
, of money, materials, or property
f of any kind from the United
. States of America or any agency
or instrumentality thereof, upon
{ such terms and conditions as the
United States of America or such
. agency or instrumentality may
, require;
, (i) to borrow money for any
I of its corporate purposes and to
issue negotiable revenue nonds
payable solely from funds pledged
for that purpose, and to provide
for the payment of the same and
' for the rights of the holders
thereof;
j (j) to establish charges, rates
and regulations for users of the
facilities and services of the
Authority;
(k) to do all things necessary
or convenient to carry out the
powers expressly given in this
Section.
Paragraph IV, Revenue Bonds.
—The Authority, or any author
ity or body which has or which
may in the future succeed to the
powers, duties and liabilities ves
ted in the Authority created here
by, shall have power and is here
by authorized to provide by reso
lution for the issuance of negoti
able revenue bonds of the Author
ity, for the purpose of paying all
or any part of the cost as herein
defined of any one or more pro
jects. The principal and interest
of such revenue bonds shall be
payable solely from the special
funds herein provided for such
payment. The bonds of each issue
shall be dated, shall bear interest
at such rate or rates per annum,
payable at such time or limes
not exceeding 40 years from their
date or dates, or at such times
exceeding 40 years as may here
after be authorized by the bond
ing laws of the State of Georgia,
shall be payable in such medium
of payment as to both principal
and interest as may be determined
by the Authority and may be
made redeemable before matur
ing, at the option of the Author
ity, at such price or prices and
under such terms and conditions
as may be fixed by the Authority
in the resolution providing for
the issuance of bonds.
Paragraph V. Same; form; de
nominations; registration; place
of payment. —-The Authority shall
determine the form of the bonds,
including any interest coupons to
be attached thereto, and shall fix
the denomination or denomina
tions of the bonds and the place
or places of payment of principal
and interest thereof, which may
be at any bank or trust company
within or without the State. The
bonds may be issued in coupon
or registered form, or both, as
the Authority may determine.
Provisions may be made for the
registration of any coupon bond
as to principal alone and also as
to both the principal and interest.
Paragraph VI. Same; signa
tures; seal. - In case any officer
whose signature shall appear on
any bonds, or whose facsimile
signature shall appear on any
coupon, shall cease to be such
officer before the delivery of such
bonds, such signature shall never
theless be valid and sufficient for
all purposes, the same as if he
| had remained in office until such
delivery. All such bonds shall be
i signed by the chairman of the
Authority and the official seal of
the Authority shall be affixed
thereto and attested by the sec
retary of the Authority and any
( coupons attached thereto shall
bear the facsimile signature of
the chairman of the Authority.
I Any coupon may bear the facsim
( ile signature of such persons anti
any bond may be signed, sealed,
and attested on behalf of the
Authority by such persons as at
the actual time of the execution
( of such bonds shall be duly
authorized or hold the proper
office, although at the date of
such bonds such persons may not
have been so authorized or shall
not have held such office.
Paragraph VIE Same, negotia
bility: exemption from taxation.
All revenue bonds issued under
the provisions of this Section shall
have and are hereby declared to
have all the qualities and inci
dents of negotiable instruments
under the laws of this Slate. Such
bonds arc declared to be issued
for an essential public and gov
ernmental purpose and the said
bonds and the income thereof
shall be exempt from all taxation
within the State.
Paragraph VIII. Same; sale;
price. —The Authority may sell
such bonds in such manner and
for such price as it may determine
' to be for the best interests of the
Authority.
Paragraph IX. Same; proceeds
of bonds. —The proceeds of such
bonds shall be used solely for the
payment of the cost of the pro
ject or projects, and unless other
wise provided in the resolution
authorizing the issuance of the
bonds, or in the trust indenture,
additional bonds may in like
manner be issued, to provide the
amount of any deficit, which,
unless otherwise provided in the
resolution authorizing the issuance
of the bonds, or in the trust in
denture, shall be deemed to be
of the same, and shall be entitled
to payment from the same fund,
without preference or priority of
the bonds first issued for the
same purpose. If the proceeds of
the bonds of any issue shall ex
ceed the amount required for the
purpose for which such bonds are
issued, the surplus shall be paid
into the funds, hereinafter pro
vided, for the payment of princi
pal and interest of such bonds.
Paragraph X. Same; interim re
ceipts and certificates or tempo
rary bonds. —Prior to the prepa
ration of definitive bonds, the
Authority may, under like re
strictions, issue interim receipts,
interim certificates or temporary
bonds, with or without coupons,
exchangeable for definitive bonds
upon the issuance of the latter.
Paragraph XL Same; replace
ment of lost or mutilated bonds.
—The Authority may also provide
for the replacement of any bonds
which shall become mutilated or
be destroyed or lost.
Paragraph XII. Conditions pre
cedent to issuance: object of issu
ance. —Such revenue bonds may
be issued without any other pro
ceedings, or the happening of any
conditions or things other than
those proceedings, conditions and
things which are specified or re
quired by this Section. In the dis
cretion of the Authority, revenue
bonds of a single issue may be
issued for the purpose of any
particular project. Any resolution,
providing for the issuance of reve
nue bonds under the provisions of
this Section shall become effec
tive immediately upon its passage
and need not be published or
posted, and any such resolution
may be passed at any regular or
special or adjourned meeting of
the Authority by a majority of
its members.
Paragraph XIII. Credit not
pledged. —Revenue bonds issued
under the provisions of this Sec
tion shall not be deemed to con
stitute a debt of the State of
Georgia, Douglas County or the
City of Douglasville or a pledge
of the faith and credit of said
State, County, or City, but such
bonds shall be payable solely from
the funds hereinafter provided for,
and the issuance of such revenue
bonds shall not directly, indirect
ly or contingently, obligate the
said State, County or City to levy
or to pledge any form of taxation
whatever therefor, or to make any
appropriation for the payment,
and all such bonds shall contain
recitals on their face covering
substantially the foregoing pro
visions of this Paragraph.
Paragraph XIV, Same, trust in
denture as security. •—ln the dis
cretion of the Authority, any
issuance of such revenue bonds
may be secured by a trust inden
ture by and between the Author
ity and a corporate trustee, which
may be any trust company or
bank having the powers of a trust
company within or outside of the
Stale. Such trust indenture may
pledge or assign fees, tolls, reve
nues, and earnings to be received
by the Authority. Either the reso
lution providing for the issuance
of revenue bonds or such trust
indenture may contain such pro
visions for protecting and enforc
ing the rights and remedies of
the bondholders as may be reason
able and proper and not in vio
lation of law, including covenants
setting forth the duties of the
Authority in relation to the acqui
sition of properly, the construc
tion of the project, the mainte
nance, operation, repair and in
surance of the project, and the
custody, safeguarding and appli
cation of all monies, and may
also provide that any project shall
be constructed and paid for under
the supervision and approval of
consulting engineers or architects
employed or designated by the
Authority, and satisfactory to the
original purchasers of the bonds
issued therefor, and ntav also re
quire that the security given by
contractors and b\ anv depositary
of the proceeds of the bonds or
revenues or other monies he sat
isfactory to such purchasers, and
may also contain provisions con
cerning the conditions, if any,
upon which additional revenue
bonds may be issued. It shall
also contain provisions concern
ing the conditions, if anv. upon
which additional revenue bonds
may be issued. It shall be lawful
for any bank or trust company
incorporated under the laws of
this Stale to act as such deposi
tai y and to furnish such indemni
fying bonds or pledge such
securities as may be required by
the Authority. Such indenture may
set forth the rights and remedies
of the bondholders as is custom
ary in trust indentures securing
bonds and debentures of corpora
tions, In addition to the foregoing,
such trust indenture may contain
such other provisions as the
Authority may deem reasonable
and proper for the security of
the bondholders. All expenses in
curred in carrying out such trust
indenture may be treated as a
part of the cost of maintenance,
operation and repair of the pro
ject affected by such indenture.
Paragraph XV. Same; to whom
proceeds of bonds shall be paid.
—The Authority shall, in the
resolution providing for the issu
ance of revenue bonds or in the
trust indenture, provide for the
payment of the proceeds of the
sale of the bonds to any officer
or person who, or any agency,
bank or trust company which
shall act as trustee of such funds
and shall hold and apply the
same to the purposes hereof, sub
ject to such regulations as this
Section and such resolution or
trust indenture may provide.
Paragraph XVI. Same, sinking
funds. —The revenues, fees, tolls
and earnings derived from any
particular project or projects, re
gardless of whether or not such
fees, earnings and revenues were
produced by a particular project
for which bonds have been issued,
unless otherwise pledged and
allocated, may be pledged allo
cated by the Authority to the
payment of the principal and
interest on revenue bonds of the
Authority as the resolution author
izing the issuance of the bonds
or in the trust instrument may
provide, and such funds so
pledged, for whatever source re
ceived. which said pledge may
include funds received from one
or more or all sources, shall be
set aside at regular intervals as
may be provided in the resolution
or trust indenture, into a sinking
fund which said sinking fund
shall be pledged to and charged
with the payment of (1) the inter
est upon such revenue bonds as
such interest shall fall due, (2) the
principal of the bonds as the
same shall fall due. (3) the neces
sary charges of paying agents for
paying principal and interest, and
(4) any premium upon bonds re
tired by call or purchase as here
inabove provided. The use and
disposition of such sinking funds
shall be subject to such regula
tions as may be provided in the
resolution authorizing the issuance
of the revenue bonds or in the
trust indenture, but, except as
may otherwise be provided in
such resolution or trust indenture,
such sinking fund shall be a fund
for the benefit of all revenue
bonds without distinction or pri
ority of one over another. Sub
ject to the provisions of the reso
lution authorizing the issuance of
the bonds or in the trust inden
ture, surplus monies in the sink
ing fund may be applied to the
purchase or redemption of bonds
and any such bonds so purchased
or redeemed shall forthwith be
cancelled and shall not again be
jssued.
Paragraph XVII. Same; reme
dies of bondholders. —Any hold-^
er of revenue bonds issued under
the provisions of this Section or
any of the coupons appertaining
thereto, and the trustee under
the trust indenture, if any, except
to the extent the rights herein
given may be restricted by reso
lution passed before the issuance
of the bonds or by the trust in
denture, may, either at law or
in equity, by suit, action, manda
mus, or other proceedings, protect
and enforce any and all rights
under the laws of the State of
Georgia, or granted hereunder,
or under such resolution or trust
indenture, and may enforce and
compel performance of all duties
required by this Section or by
such resolution or trust inden
ture, to be performed by the Au
thority, or any officer thereof,
including the fixing, charging, and
collecting of revenues, fees, tolls,
and other charges for the use of
the facilities and services fur
nished.
Paragraph XVIII. Same; refund
ing bonds. —The Authority is
hereby authorized to provide by
resolution for the issuance of
bonds of the Authority for the
purpose of funding or refunding
any revenue bonds issued under
the provisions of this Section and
then outstanding, together with
accrued interest thereon. The issu
ance of such funding or refund
ing bonds, the maturities and all
other details thereof, the rights
of the holders thereof, and the
duties of the Authority in respect
to the same, shall be governed
by the foregoing provision of this
Section insofar as the same may
be applicable.
Paragraph XIX. Same; exemp
tion from taxation; covenant of
Stale. —lt is hereby found, de
termined and declared that the
creation of the Authority and the
carrying out of its corporate pur
pose is in all respects for the
benefit of the people of this
State, and that the Authority is
an institution of purely public
charity and will be performing
an essential governmental func
tion in the exercise of the power
conferred upon it by this Section,
and this State covenants wi'h the
holders of the bonds •hat the
Authority shall not be required
to pay any taxes or assessments
upon any of the property acquired
or leased by it or under its juris
diction. control, possession or
supervisions or upon its activities
in the operation or maintenance
of the projects erected by it or
any fees, tolls or other charges
for the use of such projects or
other income received by the
Authority, and that the bonds of
the Authority, their transfer, and
the income therefrom shall at all
times be exempt from taxation
within the State. The exemption
from taxation herein provided
shall not extend to tenants or
lessees of the Authority; anil
shall not include exemptions from
sales and use taxes on property
purchased by the Authority or
for use by the Authority.
Paragraph XX. Same; venue
and jurisdiction. —Any action to
protect or enforce any rights un
der the provisions of this Section
or any suit or action against such
Authority shall be brought in the
Superior Court of Douglas Coun
ty, Georgia, and any action per
taining to validation of any bonds
issued under the provisions of
this Act shall likewise be brought
in said court which shall have
exclusive, original jurisdiction of
such actions.
Paragraph XXI. Same; valida
tion. —Bonds of the Authority
shall be confirmed and validated
in accordance with the procedure
of the Revenue Bond Law, as
amended. The petition for vali
dation shall also make party de
fendant to such action any
municipality, county, authority,
subdivision, or instrumentality of
the State of Georgia which has
contracted with the Authority for
services and facilities of the pro
ject for which bonds are to be
issued and sought to be validated,
and such municipality, county,
authority, subdivision, or instru
mentality shall be required to
show cause, if any, why such
contract or contracts and the
terms and conditions thereof
should not be inquired into by
the Court and the validity of the
terms thereof be determined and
the contract or contracts adjudi
cated as security for the payment
of any such bonds of the Author
ity, The bonds, when validated,
and the judgment of validation
shall be final and conclusive with
respect to such bonds, against
the Authority issuing the same,
and any municipality, county, au
thority, subdivision or instrumen
tality contracting with the said
Douglasville-Douglas County Sta
dium Authority.
Paragraph XXII. Same; inter
est of bondholders protected.
—While any of the bonds issued
by the Authority remain outstand
ting, the powers, duties or exist
ence of said Authority or of its
officers, employees, or agents,
shall not be diminished or im
paired in any manner that will
affect adversely the interests and
rights of the holders of such
bonds, and no other entity, de
partment, agency, or authority,
will be created which will com
pete with the Authority to such
an extent as to affect adversely
the rights and interests of the
holders of such bonds, nor will
the State itself so compete with
the Authority. The provisions of
this Section shall he for the bene
fit of the Authority and the hold
ers of any such bonds, and upon
the issuance of bonds under the
provisions hereof, shall constitute
a contract with the holders of
such bonds.
Paragraph XXIII. Purpose of
the Authority.,—Without limiting
the generality of any provisions of
this Section, the general purpose
of the Authority is declared to be
that of acquiring, constructing,
equipping, maintaining and operat
ing a stadium facility for athletic
contests, games, meetings, trade
fairs, expositions, agricultural
events, cultural events, conventions
and other entertainments, and
parking facilities and parking areas
in connection therewith; for ac
quiring, constructing, equipping,
maintaining and operating recrea
tional centers and areas, including
but not limited to gymnasium and
athletic facilities, parking facilities
or areas in connection therewith
and related buildings and the usual
and convenient facilities appertain
ing to such undertakings; the ex
tension and improvement of such
facilities; acquiring the necessary
property therefor, both real and
personal, with the right to contract
for the use of or to lease or sell
any or all of such facilities, includ
ing real property, and to do any
and all things deemed by the
Authority necessary, convenient
and desirable for and incident to
the efficient and proper develop
ment and operation of such types
of undertakings.
Paragraph XXIV. Rates; charges
and revenues; use.—The Author
ity is hereby authorized to pre
scribe and fix and collect rates,
fees, tolls and charges, and to re
vise from time to time and collect
such rates, fees, tolls and charges
for the services, facilities or com
modities furnished, including lea
ses. concessions or subleases of its
lands or facilities, or contracts for
the use of its land and facilities,
and to determine the price and
terms at and under which its lands
or facilities may be sold, and, in
anticipation of the collection of the
revenues and income of such un
dertakings or projects, is author
ized to issue revenue bonds as
herein provided to finance, in
whole or in part the cost of the
acquisition, construction, recon
struction, improvement, equip
ment. betterment or extension of
its lands and facilities and to
pledge to the punctual payment of
said bonds and interest thereon,
all or any part of the revenues and
income of such undertakings or
projects, including the revenues of
improvements, betterments or ex
tensions thereto, thereafter made
or the sale of any of its lands and
facilities.
Paragraph XXV. Rules and Reg
ulations for operation of projects.
—lt shall be the duty of the Au
thority to prescribe rules and
regulations for the operation of
the project or projects construct-
cd under the provisions of this
Section.
Paragraph XXVI. Tort immun
ity.—The Authority shall have the
same immunity and exemption
from liability for torts and neg
ligence as Douglas County and the
City of Douglasville; and the of
ficers, agents and employees of the
Authority when in the perform
ance of the work of the Authority
shall have the same immunity and
exemption from liability for torts
and negligence as the officers,
agents and employees of Douglas
County and the City of Douglas
ville when in the performance of
their public duties or work.
Paragraph XXVII. Powers de
clared supplemental and addi
tional. The foregoing paragraphs
of this Section shall be deemed to
provide an additional and alterna
tive method for the doing of the
things authorized thereby and
shall be regarded as supplemental
and additional to powers conferred
by other laws, and shall not be re
garded as in derogation of any
powers not existing.
Paragraph XXVIII. Liberal con
struction of Section. This Section
being for the welfare of various
political subdivisions of the State
and its inhabitants, shall be liber
ally construed to effect the pur
poses thereof.”
Section 2. The above proposed
amendment to the Constitution shall
be published and submitted as provi
ded in Article XIII, Section 1, Para
graph I of the Constitution of
Georgia of 1945, as amended.
The ballot submitting the above
proposed amendment shall have writ
ten or printed thereon the following:
“( ) YES Shall the Constitution be
amended so as to create
( )NO the Douglasville-Doug
las County Stadium Au
thority?”
All persons desiring to vote in
favor of ratifying the proposed
amendment shall vote “Yes”. All per
sons desiring to vote against ratify
ing the proposed amendment shall
vote “No”.
If such amendment shall be rati
fied as provided in said Paragraph
of the Constitution, it shall become
a part of the Constitution of this
State.
THOMAS B. MURPHY
Speaker of the House
GLENN W. ELLARD
Clerk of the House
LESTER MADDOX
President of the Senate
Hamilton McWhorter, jr.
Secretary of the Senate
3tc 10-17
House Resolution No. 171-642
Resolution Act No. 74
A Resolution
Proposing an amendment to the
Constitution so as to increase the
homestead exemption of the City of
Perry for persons over 65 years of
age and to increase the maximum
allowable income of such persons
from a homestead exemption of
$2,000.00 and maximum allowable
income of $4,000.00 to a homestead
exemption of $4,000.00 and a maxi
mum allowable income of $6,000.00;
to provide for the submission of this
amendment for ratification or rejec
tion: and for other purposes.
BE IT RESOLVED BY THE
GENERAL ASSEMBLY OF
GEORGIA:
Section I. Article VII, Section 1,
Paragraph IV of the Constitution is
hereby amended by striking there
from the following paragraph:
“The City of Perry shall be
authorized to grant to each person
who is sixty-five (65) years of age
or over an exemption from all
ad valorem taxes levied by such
city in the amount of $2,000.00
on the homestead owned and occu
pied by such person as a resi
dence, if his net income, together
with the net income of his spouse
who also occupies and resides at
such homestead, as net income is
defined by Georgia law, from all
sources, including any federal old
age, survivor or disability in
surance benefits or benefits re
ceived from any retirement or
pension fund when such benefits
are based on contributions made
thereto by such person or his
spouse, does not exceed $4,000.00
for the immediately preceding
taxable year for income tax pur
poses.”
and inserting in lieu thereof the fol
lowing paragraph:
"The City of Perry shall be
authorized to grant to each person
who is sixty-five (65) years of
age or over an exemption from
all ad valorem taxes levied by
such city in the amount of
$4,000.00 on the homestead owned
and occupied by such person as
a residence, if his net income, to
gether with the net income of his
spouse who also occupies and re
sides at such homestead, as net
income is defined by Georgia law,
from all sources, including any
federal old-age, survivor or dis
ability insurance benefits or bene
fits received from any retirement
or pension fund when such bene
fits are based on contributions
made thereto by such person or
his spouse, does not exceed
$6,000.00 for the immediately
preceding taxable year for income
tax purposes.”
Section 2. The above proposed
amendment to the Constitution shall
be published and submitted as pro
vided in Article XIII, Section I,
Paragraph 1 of the Constitution of
Georgia of 1945, as amended.
The ballot submitting the above
proposed amendment shall have
written or printed thereon the fol
lowing:
“( ) YES Shall the Constitution be
amended so as to in
•
( )NO crease the homestead
exemption of the City-of
Perry for persons over
65 years of age and!to
increase the maximum
allowable income jof
such persons from \ a
homestead exemption ;of
$2,000.00 and maximum
allowable income *¥)f
$4,000.00 to a home
stead exemption of
$4,000.00 and a maxi
mum allowable income
of $6,000.00?”
All persons desiring to vote in
favor of ratifying the proposed
amendment shall vote “Yes". All
persons desiring to vote against rati
fying the proposed amendment shall
vote "No".
If such amendment shall be rati
fied as provided in said Paragraph
of the Constitution, it shall become
a part of the Constitution of this
State.
GEO. L. SMITH, II
Speaker of the House
GLENN W, ELLARD
Clerk of the House
LESTER MADDOX
President of the Senate
Hamilton McWhorter, jr.
Secretary of the Senate
3tc 10 17
House Resolution No. 210-874
Resolution Act No. 80
A Resolution
Proposing an amendment to the
Constitution so as to authorize and
empower the governing authority of
Houston County to levy, assess and
collect a license fee from any per
son, firm or corporation who may
maintain a place of business or who
may in any manner engage in any
type of business in any area of
Houston County outside the incorpo
rated limits of municipalities and to
otherwise regulate businesses in the
unincorporated areas of Houston
County; to provide for the submis
sion of this amendment for ratifica
tion or rejection; and for other pur
poses.
BE IT RESOLVED BY THE
C. ENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article XL Section I,
Paragraph VI of the Constitution is
hereby amended by adding !>" the
end thereof the following:
"The governing authority of
Houston County is hereby au
thorized and empowered to levy,
assess and collect a license fee
from any person, firm or corpo
ration, except those subject to
regulation by the State Public
Service Commission, who may
maintain a place of business 'or
who may in any manner engage
in any type of business in any
area of Houston County outside
the incorporated limits of munici
palities. To provide for public
welfare, health and security of
the people of Houston County,
the governing authority shall have
the right to regulate and exercise
police powers over any businesses
operated within the unincorporat
ed areas of said county, except
those subject to regulation Ey|| The
State Public Service Commission,
and to prescribe such rules and
regulations as may be necessary
to effectuate the powers herein
granted. Violation of any regula
tions adopted by the governing
authority shall constitute a mis
demeanor punishable upon con
viction thereof as prescribed by
the general laws of the State of
Georgia.”
Section 2. The above proposed
amendment to the Constitution shall
be published and submitted as pro
vided in Article XIII, Section I,
Paragraph 1 of the Constitution of
Georgia of 1945, as amended.
The ballot submitting the above
proposed amendment shall have writ
ten or printed thereon the following;
“( ) YES Shall the Constitution be
amended so as to au
( )NO thorize and empower
the governing authority
of Houston County to
levy, assess and collect
a license fee from any
person, firm or coraEia
tion who may maintain
a place of business or
or who may in any
manner engage in any
type of business in any
area of Houston County
outside the incorporated
limits of municipalities
and to otherwise regu
late businesses in the
unincorporated areas of
Houston County?”
All persons desiring to vote in
favor of ratifying the proposed
amendment shall vote “Yes". All
persons desiring to vote against rati
fying the proposed amendment shall
vote “No.”
If such amendment shall be rati
fied as provided in said Paragraph
of the Constitution, it shall become
a part of the Constitution of this
State.
GEO. L SMITH, II
Speaker of the House
GLENN W. ELLARD
Clerk of the House
LESTER MADDOX
President of the Senate
Hamilton McWhorter, jp.
Secretary of the Senate
3tc 10-17
Constitutional
Ammendments
Continued