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The Marietta Tonrnal
JOURNAL, ESTABLISHED 1866.
VOL. 47,
THE COMMISSION GOVERNMENT BILL IN FULL
Exact Reproduction of Commission Government Bill to be Submitted to Voters of Marietta
. AN ACT.
To amend, consolidate and super
sede the several Acts incorporating
the City of Marietta in the County of
Cobb, State of Georgia, and to super
sede and repeal the several Acts cre
ating Boards of Lights, Water
works and Sewerage for said City,
to create a new charter and
government of said City by and
under a 2 Board of Commissioners
to be created therefor; to
prescribe for the election of said
Board of Commissioners, define their
powers and duties and fix their
terms of office, to designate other
officers for said City government and
define their terms, duties and pow
¢rs; to enact by-laws, ordinances and
rules for the preservation of order
and the government of said City and
its interests; to previde for the pay
ment of the debts of said City and
the Board of Lights and Waterworks,
and for other purposes.
Section 1, — Be it enacted by the
General Assembly of the State of
Georgia, That from and after the
passage of this Act the City of Mar
ietta, in Cobb County, heretofore
made a body politic and corporate
by Acts of the General Assembly of
said State, shall continue a body po
litic and corporate, known by the
corporate name of the City of Mar
ietta. By said corporate name it
may sue and be sued, have and use
a comon seal, buy, hold, exchange,
sell and convey property, make all
needful and lawful contracts, and
oy such name transact all its busi
ness. Said corporatian by and
through its Board of Commissioners
shall have all the power and privi
ledges incident to municipal corpo
rations under the laws of the State,
and all other powers that are nec
essary and proper to make, regulate,
maintain and preserve a proper and
legal government of said City.
Section 2. — Be it further enacted
by the General Assembly, that the
:orporate limits of said City shall
2xtend one mile in every direction
from center of the park in the public
square exeept on the east side where
the limits shall be extended as fol
lows: Beginning in the middle of
Roswell street on the line last one
mile from the center of the park in
the public square and next running
in an easterly direction along the
icenter of said Roswell street a dis
tance of one-fourth mile; next due
north and south at right angles to
the center of said street one-fourth
of a mile each way so as to make
said line one-half mile in length
north and south, and thence by
parallel lines to the center of said
street westwardly to the circumfer
ence as described under the first
provision of this section.
Section 3. — Be it further enact
ed, that the present Mayer and
Counecil of said City shall continue
in office during the term for which
they were elected, and the present
charter of said City shall continue
in force during the remainder, ex
cept as herein otherwise provided.
No election for Mayor and Council
of said City shall be held on the
second Tuesday in December 1913,
as provided by the third -section ot
the present charter, :but in lieu
thereof there shall be held in said
city on the second Tuesday in De
cember 1913, an election for three
Commissioners to serve said City ae
hereinafter specified for terms of
-one, two and three years, the terms
of said Commissioners to be deter
mined by lot after their election.
Sald election shall be held under
the provisions of Section J of the
present charter of the City of Mar
ietta, and all the terms, conditions
and provisions thereof as to the man
ner of holding said election, the
registration and qualification of
electors thereunder shall apply to
the election of said Commissioners
in all respects as they 'did to the
election of the Mayor and Council
thereunder. This Seetion of this
Act shall become effective from the
the date of the ratification of this
Act by the people of the City of
Marietta.
Section 4. — The Commissioners
provided for in the preceding sec
tion of this Act shall be known as
the Board of Commissioners of the
City of Marietta; their terms of of
fice shall begin when the present
Mayor and Council shall finally ad
journ on the first Monday in Janu
ary 1914, and continue for terms of
one, two and three years and until
their successors are elected and
qualified, said Commissioners shall
elect one of their number Chair
man and they shall each take, sub
scribe and have recorded on their
minutes the following oath: “I do
solemnly swear that I will faithful
ly, honestly, impartially and to the
best of my ability discharge all the
duties of a Commissioner for the
City of Marietta during my contin
uance in office, so help me God".
After the first term of said Commis
sioners, the Chairman shall be elect
ed by the people in the general
election, the other two being elected
as Commissioners.
Section 5. — Be it further en
acted, that no persdn ‘shall be eligi
ble to the office of Commissioner un
der this Act unless he shall have
been for at least two years next be
fore his election a resident of said
City, nor unless at the time of his
qualification he is a bona fide
freeholder in said City, nor unless
he be at least twenty-five (25)
years of age, nor unless he is en
titled to register and vote under the
registration laws which may be in
force at the time of the election at
which said Commissioner is chosen.
Section 6. — Be it further enact
ed, that the Board of Commission
ers within ninety days after its or
ganization shall elect three citizens
and freeholders of the City, who
shall have been residents of said
City for not less than three years
and are not less than twenty-five
vears of age, and who shall hold no
other official position in said City,
as election managers. The term of
office of such election managers
shall be three years. They shall
hold all elections, whether primary,
regular, special or removed muniei
pal elections held under the pro
visions of this charter, together
with such other duties as herein
after set out. Each of said mana
gers, before entering upon his duties
shall take and subscribe before
some Justice of the Peace, or some
other officer qualified to administer
aths, or before each other, the fol
g)owiug oath: ‘That each of us do
swear that we will faithfully and
impartially conduct the election
held by us, and prevent all illegal
voting, to the best of our skill and
power, so help me God.”
Section 7. — Be it further enact
ed, that a regular primary election
shall be held under this Act in this
City on the first Wednesday in Nov
ember, 1914, and annually there-
after, for the nomipation of one
Commissioner for said City to snc
ceed those hereinbefore provided
for and the first Wednesday in De
cember 1916, and annually thereafter
a general election shall be held for
the election of the Commigsioners so
nominated. The terms of all Com-
missioners provided for under this
Act except those elected in 1913 shall
be three years from the date of the
expiration of the terms of their pre
decessors in office. Said election
shall be held at the Court House in
said City and managed by a Justice
of the Peace.and two freeholders of
said City or three freeholders of said
City in the event no Justice is pres
ent to act. -No person who is a
candidate for office for Commission
er under this Act shall act a 8 & man
ager Or clerk thereof. The polls
shall be open at 7 A. M. and Kkept
opén until 6 P. M. and the three
persons receiving the highest oum
ber of votes cast shall be declared
duly nominated or elected Commis
sioners according as the election is
a primary election, or genperal
election. The result of said elec
tion shall be recorded on the min
utes kept by sald Commisgioners.
Said elections shall be conducted
under the -Australian ballot system
as heretofore practiced in the mu
nicipal eleetious of the City.
Section 8. — Be it further enact
ed, that any person desiring to be
come a candidate for Comimesioner
of said City, shall at least ten days
prior to said primary election file
with said Board of Electiou Mana
gers, over his own signature, a
statement of his candidacy.
Section 9. — Be it further enact
ed, that upon the expiration of the
time of filing the statement of can
didacy referred to in Section £, the
said election managers shall cause
to be published one time in one or
more papers publighed in the City,
ANID COURIER.
MARIETTA, GA., FRIDAY MORNING, SEPTEMBER 5, 1913.
the names of the persons that will
appear upon the primary ballots for
Commissioner, and the said election
managers shall thereupon cause the
primary ballots to be printed and
distributed, the primary held, the
ballots counted, canvassed and cer
tified, and shall certify the names
of the candidates receiving the high
est number of votes for Commission
er, Then said Board of Election
Managers shall also certify to the
City of Marietta for payment of such
expenses as shall have been proper
ly incurred in holding said primary
election, and a like certificate in the
case of all elections held under this
Act, and said amount of expenses
shall be a charge against said City,
and shall be paid by it in like man
ner as other miscellaneous expense,
in both primary and general, recall
or election the Australian Ballot
system now of force shall be contin
ued, Provided, that in the event
there shall be a tie vote between
any two or more of the candidates
for Commissioners receiving the
highest number of votes in the pri
mary, then the names of all those so
tied shall be certified by the elec
tion managers to the said board and
their names shall be placed upon
the ballots as candidates for Com
migsioner, in the regular election,
Provided, further, that each of the
candidates to be voted for in said
primary shall upon his conferring
that authority in writing, have
from the opening of the polls until
the vote shall have been counted
and certified by the primary officers,
an inspector inside each voting
place to watch the primary election.
Section 10. — Be it further enact
ed, that the three candidates re
ceiving the highest number of votes
for Commissioner in the primary
clection and at the same time re
ceiving a tie vote shall be placed on
the ballots in the regular election
as provided for above, and Provid
ed, further, that in case of a tie
vote between any two or more of
the candidates receiving the high
est number of votes for Commission
er in the regular election, another
clection shall be held on the follow
ing Wednesday to determine and
settle the question as to who is the
choice between the three tied can
didates and contestants, and no
other candidates than those thus
tied in such regular election shall
be voted for in any election held to
determine a tie.
Section 11. — Be it further enact
ed, that every act or deed, whether
of commission or ommission, de
nounced by law as an offense in the
regular State elections are hereby
declared to be a like offense in the
case of any primary, regular, spe
cial or removal election beld under
this Act and be punishable in like
form and manner,
Section 12. — Be it further enact
ed, that any candidate for nomina
tion or election under this Act, who
shall, to any person pay, give or
offer to pay or give, direectly or in
directly, money or anything of val
ue, or who shall knowingly suffer
any person to do so for the purpose
of obtaining the vote or influence
azainst an opposing candidate shall
be disqualified as Commissioner, in
addition to the other penalties pre
scribed by law for such offenses, and
this section shall be construed us
to prohibit any candidate for nom
ination or election under this Act
from promising to appoint, or to use
his ipnfluence for the appointment
of any person to a position of in
come. .
Section 13. — Be it further enact
ed, that the said election managers
shall certify two lists of voters, and
two tally sheets and shall place one
list of voters and one tally sheet in
the ballot boxes with the ballots sud
seal the same and shall forthwith
deliver the same to the Ordinary of
Cobb County, Georgia, after three
days, if no contest is filed, to be by
such officer kept for two years, after
which they shall be destroyed. The
other list of voters and tally sheets
shall be placed in a package and
sealed, and forthwith delivered to
the Commissioners who shall safe
ly keep the same for two years., The
election managers shall at the same
time file a report with said Com
missioners showing the result of
such election which shall by said
board be declared. In the event of
a contest, notice of such contest
shall be filed with the Ordinary of
Cobb County within three days af
ter said election, who shall conduct
the same in accordance with the
provisions relating to contests for
Commissioner, any person or per
sons who shall examine any ballot
cast in any election held under this
Act, shall be guilty of a misdemean
or and on conviction thereof be pun
ished.
Section 14. — Be it further enact
ed, that said Beard of Commissioners
shall have and possess, and its mem
bers shall, be subject to the provis
ions of this Act, exercise all execu
tive, administrative, legislative and
judicial powers now had, possessed
and exercised, jointly and severally
by the Board of Mayor and Council
men, and also the Board of Lights
and Waterworks, and the said Board
of Mayor and Councilmen, the Board
of Light and Waterworks of said
city are each and all hereby abol
ished, to take effect on the first day
of January 1914, Said Commis
sioners shall have all the powers and
duties conferred upon Mayor and
Council by Sections 17, 20, 24, 25,
26, 27, 28 and 29 of the charter of
the City of Marietta, approved Aug
uts 15, 1904, and for the years 1914,
1915, and 1916, they shall have
authority, levy and collect 50 cents
upon each One Hundred dollars of
taxable property in said City, but
.thereafter it shall be at the rate of 40
icents per one hundred dollars of tax
'able property wherever the said char
‘ter of the City of Marietta confers
'special powers and duties upon the
Mayor of the City, the same shall
be conferred upon the Chairman of
the Board of Commissioners of said
vity, unless otherwise provided, and
wherever the charter of said City
)B%vided that the clerk of the Coun
¢il discharge and perform the duties
and powers specified, in said charter,
the same shall vest in and be done
by the Secretary of the Board of
Commissioners, unless otherwise pro
vided. The system of registration
provided for said City by Sections 4
to 16 inclusive of the present charter
of said City as approved August 13,
1904, is hereby preserved, the reg
istrars to be elected by the Com
missioners from the registration of
the voters to be done by the City
Clerk.
Section 15. — Be it further enact
ed, that the Board of Commissioners
shall meet on the Ist Monday of
January 1914, and annually there
after, and be qualified and enter at
once upon the duties of their office.
They shall hold regular meetings at
least twice each month at the head
quarters of the City department.
They shall provide by ordinance for
the time for holding regular meet
ings and special meetings may be
called from time to time by the
Chairman of said Board, or two
members of said Board, but no special
meeting shall be held until twenty
four hours notice shall have been
given to all members of the Board
of Commissioners except such notice
is shown to have been waived by all
Commissioners upon the minutes of
such Board. If the business at any
regular or special meeting be not fin
ished or completed on the day when
the same convenes the Board may
adjourn such meeting to any sub
sequent day. All meetings of the
Board shall be held at the time and
place provided for such meetings,
and such place capnot be changed
except by ordinance, All wmeetings
of the Commissioners, whether reg
ular or special, at which any person
not a city officer is admitted, shall
be open to the public. Two mem
bers of said Board shall constitute
2 qguorum and the afiirmative votes
of two members shall be necessary
to adopt any motion, resolution or
ordinance, er pags any measure, un
less a greater number I 8 required by
any provision of this Act. Said
Board may adopt rules governing its
proceedings. In the event of death
or regsignation of any omne or more
of said Commissioners, the election
managers shall hold an election by
the qualified voters at large within
not less than thirty days, nor more
than forty daye, to fill the unex
pired term of such Commissioner or
Commissioners, but no primary elec
tion need be had preliminary to such
election.
Section 16, — Be it further enact
ed, that such Commissioners shall
within thirty days after going into
office meet and after carefully con
sidering the necessities of each de
partment of said City, make up a
budget, estimaung‘ and appropri
ating certain amounts of money to
each department, and no Commission
er shall have the right to expend in
his department a greater sum than
is set aside except by a unanimous
consent of said Board, which consent
shall be recorded on the minutes.
No franchise or right to occupy or
use the streets, highways, bridges
or public:places in the City for any
purpose shall be granted unless the
application therefor is filed and re
mains on file with the Clerk for in
spection at least one week before
the final passage or adoption there
of, and no ordinance or resolution
of any kind or for any purpose, shall
become valid and effective until fif
teen days after the same shall have
been entered and signed by the
Chairman of said Commissioners, or
by two of the other Commissioners
in open meeting, and the minutes
shall show that it was so signed and
approved, together with the date of
such signature or approval. No
franchise or right to occupy or use
the streets, highways, bridges or
public places in said City shall be
granted, renewed or extended ex
cept by ordinance, and in the event
of referendum be petitioned for by
the required number of voters, as
herein provided, every franchise or
gant for interurban or street rail
ways, electric light or power plants,
heating plant, telegraph or telephone
system, or other public service util
ities within said City must be au
thorized or approved by a majority
of the electors voting thereon at a
general or special municipal elee
tion at which the question to be
submitted to the electors shali be
printed in appropriate form to the
ballot, and said general and special
municipal election shall never he
held in connection with or upon the
same day that any State, County or
Congressional election or primary,
Provided, that if an election is held
under this Section concerning fran
chise, the expense thereof shall be
paid by the party seeking said fran
chise, and the payment of said ex
penses must be secured to the satis
faction of said Board of Commission
ers before said election is held.
Section 17. — Be it further enact
ed, that should a conflict arise be
tween two Commissioners in the dis
charge of their respective duties, if
said Commissioners are unable to
agree then controversy is referable
to Commissioners as a whole who
shall decide the same,
Section 18, — Be it further enact
ed, that each member of the Board
of Commissioners shall be required
to execute and file with the Clerk
a surety bond in the sum of Twen
ty-five Hundred ($2500.00) Dollars,
for the faithful discharge of their
duties, and shall take and subscribe
an oath that he will faithfully and
impartially demean himself as a
Commissioner during his contin
uance in office, and that he has not
in order to induce his election to
said office, either directly or indi
rectly, express by .or impliedly,
promised his vote or support to any
person for any office or position in
the City government of Marietta,
or in any of the departments of said
City. That he will not knowingly
permit his vote in the election or
appointment of any person to any
position in the City government or
any department thereof to be influ
enced by fear, faver, affection, re
ward or hope thereof but that he
will in discharging the duties of
his said office, be governed alone by
his conviction of what is for the
public good, preferring no class or
private interests, and without re
gard to political influences or pri
vate advancement of himgelf or any
one else.
Section 19, .— Be it further enact
ed, that the excutive and adminis
trative powers and authorities and
duties in said City shall be distrib
uted into and among three depart
ments as foilows:
(1) Police, Fire, Sanitary and all
other unassigned matters,
(2) Water, Lights, Sewerage.
(3) Streets, Parks, Cemetery,
The Board of Commissioners shall
elect the Chief of Police, Chief of
Fire department, Superintendent of
Water, lights and sewerage, City
Clerk, and such other officers as may
COURIER, ESTABLISHED 1901,
be created, and assign them to the
departments for which they are
elected. Said Board of Commission
ers may adopt such rules, regula
tions, by-laws and ordinances for
the government of themselves and
the several departments of said City
relating to the streets, sidewalks,
parks, cemeteries, water, sewerage,
electricity and the various fixtures
and appliances pertaining to them,
to the preservation of peace, promo
tion or good order and the general
welfare and good of said City and
its citizens as to them may seem
proper, necessary or expedient; they
are given general and exclusive ju
risdiction over the entire area of
said City, to enact and enforce all
ordinances necessary for the pres
ervation of good order, and are giv
en all the powers with reference
thereto that the Mayor and Councll
had under the present charter of
sald City,
Section 20. — Be it further enact
ed, that the department of Police,
Fire, Sanitary, and all other unau
thorized matters shall be in charge
of the Chairman of said Board of
Commissioners. He shall audit in
writing all bills for all departments
after the same have been approved
by the Commissioners of such other
departments, and he shall keep the
Board of Commissioners advised
from time to time as to all matters
pertaining to the general welfare of
the City, the department of Commis
sioner, water, lights and sewerage
shall embrace all matters pertain
ing to water, lights and sewerage.
The department of commissioner of
streets, parks, and cemetery shall
embrace all matters pertaining to
streets, parks and cemetery. The
LCommissioner at the head of each
department shall have full and
complete charge thereof with the
exception of the election of its Sup
erintendent or Chief, as the ecage
may be, and the said Commissioner
shall be held responsible for the
management and control of his de
partment. The Commissioners as a
body shall act as a Finance Commit
tee, and shall have the general sup
ervision of all the affairs of the mu
nicipality, including especially all
matters pertaining to City taxation,
finances and revenue,
Section 21. — Be it further enact
ed, that whenever a difference of
opinion shall arise as to what de
partment shall embrace a particular
work or matter either because the
same is herein specifically provided
for or because of a difference of
opinion us to the proper construe
tion of the foregoing sections, the
question shall be determined by the
Board of Commissioners in regular
session and their conclusion shall be
final and binding.
Section 22. — Be it further enact
ed, that the Board of Commission
ers shall have power from time to
time to create, till and discontinue
offices according to their judgement
of the need of the City, and by a
majority vote of the members, re
move any such officer, except as
otherwise provided for in this Act,
limit or change the compensation of
such officers. Every officer shall re
ceive such salary or compensation
as the Board shall by ordinauce pro
vide, except as limited by this bill.
Section 23. — Be it further enaet
ed, that within thirty days after go
ing into office, the Board of Commis
sloners hereln named shall employ
a certified public accountant to open
Up @ system of double entry books
to be kept by each department of the
City, and that this system shall be
followed by the Clerk; sald Board
of Commissioners shall each quarter
cause to be printed in one of the
newspapers of this City, statement
of all receipts and disbursements by
the City, and a summary of its pro
ceedings during the preceeding
(uarter, at the end of each year, the
Board of Commissioners shall cause
o full and complete examination of
all the books and accounts of the
City to be made by a certified pub
lic accountant, and shall publish the
result of such audit in the manner
above provided for the publication
of statements of quarterly receipts
and disbursements. The City Clerk
is to be elected as provided for
heretofore, and is to be an experienc
ed double-éntry book keeper who is
to have charge of all clerical work
(CONTINUED ON PAGE FOUR)
NO. 36
