Newspaper Page Text
Che Mariefta Fonfwal
SECOND
SECTION
VOLUME 58.
One Man Commission Bill Which
Will Be Introduced In Georgia
- Legislature At Summer Session
Section 1. Be it enacted by the
General Assembly of the “State of
Georgia, and it is hereby enacted by
authority of the same, That from and
after the passage of this Act, Cobb
county shall have one Commissioner
of Roads and Revenues, whose term
of office shall be for four years, be
ginning January 1, 1925, and/ending
December 31st, 1929, who shall be
elected at an election hereinafter
provided for, and whose successor
shall be elected at the same time, and
under the same rules and regulations
as now control the election of Ordi
nary and other county officers.
Section 2. Be it further enacted
by the authority aforesaid, That said
Commissioner, before entering upon
the duties of his office.shall give bond
with good security, approved by the
Ordinary of said County, in the sum
of Ten Thousand Dollars, payable to
the Ordinary of said county and his
successors in office, conditioned upon
the faithful performance of his du
ties, and the carrying out of the con
ditions thereof, and the said Commis
sioner and his sureties shall be liable
on said bond for any breach thereof
by way of malfeasance in office or
any tort or wrong -committed under
color of office, as well as for neglect
or nonfeasance.
Section 3. Be.it further enacted
by the authority aforesaid, That said
Commissioner shall, before entering
upon the discharge of the duties of
his said office, make and subscribe
to an oath before the Ordinary of
said County to faithfully discharge
his duties gnd carry out the provis
ions of this Act to the best of his skill
and knowledge, and to the best in
terest of the county, ;
Section 4. Be it further enacted
by the authority aforesaid, That the
Compensation of said Commissioner
shall be $3,000 per annum, payable
monthly, at the end of each month.
Section 5. Be it further enacted
by the authority aforesaid, That said
Commissioner shall have a Clerk to
keep all books and records of his said
office, his salary is to be fixed by said
Commissioner, together with the Op
dinary and Clerk of the Superior
Court, as hereinafter provided for,
but said salary is not to exceed the
sum of $1,200.00 per annum, and
said salary is to be in full of said ser
vices, free from any prerequisites of
any kind or character. Said Clerk
shall perform all duties required of
him by said commissioner in keeping
all the records and minutes of said of
fice, and keeping his said office open
and all records open to public inspec
tion by any tax-payer of said county.
Section 6. Be it further enacted
by the authority aforesaid, That it
shall be unlawful for any candidate
for said office, or for any nomination
therefor, to enter into any agreement
or understanding with any person or
persons as to the disposal of any
work, the purchase of any supplies,
or any appointment which is or shall
be under the control of said commis
sioner; and any person so offending
shall be ineligible to hold said office,
and upon conviction of any such act
shall be punishable as for a misde-'
meanor,
Section 7. Be it further enacted
by the authority aforesaid, That in
case of a vacancy in the office of
Commissioner, by reason of death,‘
resignation, recall or otherwise, the
Ordinary of said county shall serve}
until his successor is elected and
qualified ; such vacancy shall be filled
at a special election called by the
Clerk of the Superior Court of said
County, and be held within axirty
days from the vacancy. All regula
tiong and rules governing regular
county elections shall govern all reg
ular and special elections held under
this Act.
Section 8. Be it further enacted,
That no person shall be eligible to the
office oY Commissioner of Roads and
Revenues, under the provisions of
this Act, who is not at least 25 years
old and shall not have been a bona
fide resident and citizen of said coun
ty for two years prior to his electim?;
who is not a free holder; and who is
not of good moral character and ex
perienced in matters of finance. Such
Commissioner shall be ineligible to
hold any other office of the county
during his tenure of office as such.
Section 9. Be it further enacted,
That 'said Commissioner shall have,
and he is hereby vested with exclu
sive jurisdiction and control over the
following matters, to-wit: In estab
lishing, altering and abolishing public
roads, private ways, bridges and fer
ries in conformity to law; in estab
lishing, abolishing or changing elec
tion precincts and militia districts
according to law; he shall have charge
and supervision of the chaingang of
said county, and of the construction
and maintenance of all roads and
bridges of said county, or of any oth
er- work of the county; he shall ap
point and employ guards, labor and
such other help as is necessary, and
shall have supervision over all such
laborers, guards and other employ
ees, with power to discharge them
upon proper cause. He shall devote
his entire time and attention to the
affairs of the cc;unty. He shall be
the chief purchasing and selling
agent of the county for all animals,
machinery, implements, material and
supplies of all kinds used in the con
struction and repair of the buildings,
roads, bridges, and supplies for the
use of the convicts, but in financial
matters, such purchases and sales,
shall be made subject to the condi
tions hereafter provided; he shall fix
the amount of commutation tax, or
number of days work to be per
formed in lieu of said tax; he shall
fix the per diem of road overseers as
he may deem best for the interest of
the county; he shall collect such com
mutation tax; shall fix the time when
the same shall be paid or the work
performed; he shall try road defaul
ters in accordance with the law; he
shall exercise all the power hereto
fore vested in the, Ordinary of said
County when sitting for counFy pur
poses, and shall exercise such other
powers in connection therewith as are
granted by law or may be indespen
sible to his jurisdiction over matters
and county finances, except that in
financial matters he shall be subject
to the limitations hereinafter provi
ded.
Section 10. Be it further enacted,
That the Ordinary and the Clerk of
the Court of said county, are hereby
made an advisory board and ex-offi
cio commissioners to serve and act in
conjunction with said Commissioner
in the following matters, to-wit:
In handling all financial affairs of
the county, in fixihg the tax rate of
the county; in allowing the insolvent
list of the county; in settling all
claims and accounts of officers hav
ing the care, management or dis
bursement of county funds, in pro
viding for the poor of the county; in
the examination of the tax digest and
the correctich of errors in regulating
or fixing fees as may be provided by
law; in supervising and awarding
contracts for the purchase or sale of
properties, supplies, machinery and
materials of all kinds, as well as con
tracts for building of bridges or con
struction of other road projects or
public buildings of the county.
~ In performing the duties above
specified said Ordinary and Clerk of
the Superior Court shall devote such
time as is necessary, and shall be paid
therefor the sum of s______ per dax‘
for each day served; they shall meet |
with said Commissioner, who shall be
Chairman of such meeting, and upon
questions for determination a major
ity vote of the three shall control. ‘
Said Ordinary and Clerk of the Su
perior Court shall have no supervis
ion or control over the affairs of said
county heretofore delegated to said
Commissioner, except so far as they
relate to the financial interests of
'said cour’ty directly.
| Section 11. Be it further enacted,
That said Commissioner, in conjunc
tion with said Ordinary and Clerk,
jare especially charged with the duty
‘of examining and auditing the books
| of the county treasurer and county
Edepository, they shall see that sepa
-Irate accounts are kept of different
{ funds levied and that no vouchers
| are paid out of any other fund ex
?cept from which said voucher was
; drawn. They shall examine the books
| of the tax collector, the tax receiver,
the sheriff, the superintendent of
schools and other county officers
| through whose hapds county funds
MARIETTA, COBB COUNTY, GA., THURSDAY, JUNE 26, 1924.
‘may pass. If necessary, they shall
‘have such records and books exam
ined and audited ‘at such times as
they see proper by expert accoun
tants. .They shall have authority to
employ a county physician and a
county attorney at such salary as
they see fit not to exceed the sum of
Six Hundred Dollars each per annum.
Section 12. Be it further enacted,
That said Commissioner shall keep a
proper and accurate book of minutes,
wherein shall appear all orders, pro
ceedings had and passed with refer
ence to county matters, He shall
keep a full and accurate book of
county warrants, wherein shall ap
pear in detail all orders and warrants
drawn on the county treasurer by
him, for what purpose and on what,
fund. He shall also keep a book 1@
which he shall enter in itemized form
all articles or things of whatever kind
purchased by him for use and con
sumption of any by any department
of the county government giving the
name of the article, date when pur
chased, from whom purchased, the
price paid therefor, and for which de
partment purchased and used. He
shall also keep a cash book in which
he shall enter daily any cash item re
ceived by him, from whom received
and for what purpose received. He
shall keep a record separate from
other financial affairs of the county
of all expenditures on account of the
chaingang of said county. He shall
keep a book of inventory of all prop
erties of the county consisting of live
stock chaingang outfit, road working
machinery and tools, and every other
kind and class of property belonging
to said county, together with a fair
valuation of the same, where located,
in whose custody and in what condi
tion, which inventory shall be care
fully revised each year; and he shall
keep such other books and records as
are necessary to show at all times the
financial condition of the county, and
shall be open to inspection by ‘any
citizen or tax payer of the county.
Section 13. Be it further enacted,
That it shall be unlawful for said
Commissioner to employ any person
related to him within the third de
gree, by blood or marriage, or to con
tract with any such person for any
equipment, material or supplies, or
for any work to be done on the pub
lic roads, bridges or other work of
the county, except when bids are re
ceived for any such equipment, ma
terials or work, upon full specifica
tion and due advertisements in re
gards thereto, and a person so rela
ted submits the lowest bid therefor.
All purchases of supplies and all
other materials shall be by competi
tive bids, and the commissioner shall |
post a notice of all supplies and ma-{
terials needed for the county at least
ten days before the purchase, at thel
court house door of said county, or |
in some official newspaper in thv,
county, and a notice at the court
house door shall be considered due!
advertisement. Written bids shall be |
submitted to the Commissioner, to-g
gether with the Clerk and Ordinary,!
as aforesaid, who shall have the right%
to reject any and all bids if they scci
proper. i
It shall be unlawful for said Com
missioner, the Ordinary or Clerk, or
either of them to have any financial
interest in the sale or purchase of
any article to or from the county, or
to receive any rebate, expense ac
count, transportation or other valua
ble consideration in connection with
or through the purchase of any equip
ment or supplies for the county cr
the awarding of any contract, and if
either of said parties shall violate any
of the provisions of this section he
shall be guilty of a misdemeanor, and,
upon conviction, shall be punished as
prescribed in section 1065 of the Pen
al Code of Georgia and shall forfeit
his office, and such conviction shall
create a vacancy in the office he
holds.
Section 14. Be it further enacted,
That no material for public bridges,
roads or buildings, shall be purchased
for the county, except upon written
specifications as to quality, and all
such material must be suitable for
the purposes intended and of good
quality and generally recognized as
standard for the purpose to be used.
Metal culverts shall be bought ac
cording to ‘the size and gauge, and
such as are recognized by the State
}Highway Department and the United
States road building authorities as
standard fer road purposes. All laws
of Georgia as to competitive bidding
for such materials shall be strietly
observed. ;
Section 15. Be it further enacted,
That the said Commissioner shall
keep in constant touch with the office
of the State Highway Department
and the office of the Director of Pub
lic Roads of the ‘United States De
partment of Agriculture, and shall
secure, keep in his office and famil
larize himself with all free bulletins
and pamphlets bearing upon the sub
ject of road building and road main
tenance, ;
Section 16. Bl it further enacted,
That if the Commissioner shall fail
to perform faithfully the duties of
his office under this Act, whe‘ther
from wilful neglect, from misconduct
or misfeasance in office, or from any
mental or physical disability, or from
any other cause that unfits him from
public office, he may be recalled in
the following manner: Upon the
presentation to the Ordinary of said
county of a written petition signed
by one-third of the qualified voters
of said county, as shown by the last
registration list duly certified by the
registrars of said county, said peti
tion setting forth the reasons and
grievances of said petitioners and
asking for the recall of said Commis
sioner, the ordinary shall order an
election to determine the recall, not
earlier than 20 days and not later
than 60 days from the date of the
presentation of such petition, such
election to be governed in all re
spects by the laws, rules and regula
tions governing the election of coun
ty officer. If in the election a ma
jority of the votes cast are in favor
of the recall then said office shall be
declared vacant, and an election shall
be called to fill said vacancy within
thirty days thereafter; and if a ma
jority of the votes cast are against
recall then said Commissioner shall
remain in office.
In the event of a vacancy pending
an election while the Ordinary is per
forming the duties of said Commis
ioner as hereinbefore provided, the
gcugvm»mmw “Court shall
name a free holder to act in lieu of
Grand Celebration
ATLANTA
Come and see the Speed Kings of Auto
Track, Fastest Harness Horses South, and
Arrange to bring the family ard spend the
whole day on the grounds. Every con
venience and comfort of your own home
for picnics and basket dinners.
Five acres of shelter, with ice water and
shade for the thousands Spend the big
ogest day of the year at Lakewood.
General Admission 50c Children 25c¢
p Automobiles Free ’
Band Concerts---Great Midway
and perform the duties now provided
for said Ordinary in conjunétion with
the Clerk of the Supervior Court rel
ative to the financial affairs of said
county,
Section 17. Be it further enacted,
That the Commissioner of Roads and
Revenues shall hold a regular court
on the Ist Tuesday in each month for
the transaction of public business
pertaining to county matters, the
same to be held in the present room
or office in the Court House in Mari
etta, Ga.; provided, that said Com
missioner, together with said Clerk
and Ordinary, may hold meetings at
any time they deem proper for the
transaction of county matters; and
the Commissioner is hereby author
ized to administer oaths and hear
)testimony as to all matters over
which he has jurisdiction, and when
sitting as a court shall have power to
More Ford Comfort
“ASK US”
Phone 465 Marietta, Ga. Church St.
FARQUHAR SLAB BURNER
¢ o There is no better time than the pres
,. ’i“’fi bbb s g
ol ““‘._m. AT Farquhar Slab Burner is the only engine
(L TRVIREYY o™ e |L]
{2 i [ (el
““» o A day in the e
Farquhar §''b Turner winter flme: Farquhar Double Telt Saw Mill
WOODRUFF MACHINERY MFG. CO.
"41 South Forsyth Street ‘ Atlama, Ga.
punish for contempt under the same
rules and regulations as provided for
other wcourts.
Section 18. Be it further enacted,
That before this Act shall go into ef
fect it shall be submitted to the qual
ified voters of said county at an elee~
tion to be called by the Ordinary of
the county to be held on the _____.
day of _.____, 1924, and if a major
ity of the votes cast thereat shall be
in favor of this Act then the same
shall become the law, but should it
fail to receive a majority of the votes
cast in said election then it shall not
become a law,
If at said election a majority of
the votes cast favor the adoption of
this Act, then the Ordinary shall call
an election within 30 days thereafter
for the selection of said Commission
er, under the rules and regulations
prescribed therein.
16
PAGES
NUMBER 26
