Clarkesville

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN ATLANTA, GEORGIA, AT THE SESSION OF 1870.
PART I.--PUBLIC LAWS.
TITLE XI. INCORPORATIONS.
I.—BANKS AND BANKING COMPANIES.
II.—CITIES AND TOWNS.

1870 Vol. 1 -- Page: 181

Sequential Number: 120
Law Number: (No. 120.)

Full Title: An Act to incorporate the town of Clarkesville, in the county of Habersham; to appoint commissioners for the same, and for other purposes.

Section 1. The General Assembly of the State of Georgia do enact, and it is hereby enacted by authority of the same, That James E. Griggs, Mitchell Parker, Robert E. McMillan, William W. Berry, Jarvis Van Buren be, and they are hereby made a body corporate, under the name and style of the Town Council of Clarkesville, and shall hold their offices until the first Saturday in January, 1871, and until their successors are elected and qualified.

Sec. 2. That on the first Saturday in January in 1871, and on the first Saturday in January of every year thereafter, an election shall be held at the court-house in said town for five commissioners to serve for one year subsequent to their election and until their successors are elected and qualified; at which election no person shall be qualified to vote but those entitled to vote for members of the General Assembly, at which election a Justice of the Peace, or two freeholders, may preside.

Sec. 3. The Town Council shall, at their first meeting after qualification, elect from their own number a presiding officer, who shall be styled President of the Town Council of Clarkesville, and appoint a treasurer and marshal, who shall hold their office for the time they are appointed, and shall, before entering upon the discharge of their duties, take an oath faithfully and impartially to discharge the duties of their office.

Sec. 4. And be it further enacted, That the said president shall be ex officio a Justice of the Peace, within the corporate limits of said town, so as to enable him to issue warrants for offenses committed therein, and to bail and commit offenders according to law.

Sec. 5. The corporate limits of said town shall extend three-fourths of a mile from the court-house therein in every direction.

Sec. 6. A majority of said Council shall constitute a quorum for the transaction of business, and shall have power to pass all ordinances necessary for the government of said town; to grant license for the retail of liquors in said corporate limits, and to fix the price of the same, which license shall not exceed the amount required by the laws of this State for county license; to impose and collect taxes on all shows, circuses and exhibitions for the purpose of gain; to compel all persons, residents of said town, who, under the road laws of said State, are subject to road duty, to work the streets of said town, or pay a capitation tax for the purpose of keeping up said streets, and to pass all other ordinances necessary to promote the interest of said town, not repugnant to the Constitution and laws of this State, and the Constitution of the United States.

Sec. 7. And be it further enacted, That said board of commissioners shall have power to enforce obedience to these ordinances by

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a fine of not less than one nor more than ten dollars, at their discretion.

Sec. 8. All laws in conflict herewith are hereby repealed.

Approval Date: Approved September 16, 1870.

SOURCE: Digital Library of Georgia

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1884-85
Part III.--Local Laws.
TITLE I. MUNICIPAL CORPORATIONS.

1884 Vol. 1 -- Page: 327

Sequential Number: 214

Short Title: AMENDING CHARTER OF CLARKESVILLE.
Law Number: No. 82.

Full Title: An Act to amend the charter of the town of Clarkesville, in Habersham; to prescribe the qualifications of the members of council; to regulate the manner of taxing property therein; to prevent councilmen in said town from contracting with each other, or appointing each other to any subordinate position under said town government, and for other purposes therein named.

Section I. The General Assembly of the State of Georgia do enact as follows: That the various Acts incorporating the town of Clarkesville, in Habersham county, be, and the same are hereby amended by adding to the charter of said town the following provisions: No person shall be elected to or hold the office of councilman or member of council in said town who is not a bona fide resident of said town. No tax for the benefit of said town shall be levied upon real estate in said town, unless the qualified voters therein shall, by a majority vote at an election to be held for that purpose in said town, at such time as the mayor and council may order and direct, approve and ratify the assessment of such tax. The per cent. proposed to be levied shall be specified in said order, and each voter shall indorse upon his ticket, "Tax" or "No tax;" Provided, however, that if, at any future time, the said mayor and council shall refuse license to sell distilled spirits in said town, or the sale of the same be prohibited by law, and no revenue derived therefrom, then a tax of not more than one-fourth of one per cent. on real estate may be levied by said mayor and council, annually, so long as no revenue is derived from whisky license, and without a vote of the people of the town as hereinbefore provided.

No member of the said town council shall be appointed by the mayor and council to any subordinate position under the government of said town, such as marshal, tax assessor, street committee, or any like position, nor shall any member of the said council hold or be concerned in any contract under the government of said town, or be paid for any work or labor done or services rendered in any subordinate

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position, or for any material furnished for any purpose for the benefit of said town, and any councilman holding or exercising the duties of any such subordinate position, or receiving or demanding pay for any services rendered in such position, or receiving pay for work done or material furnished, or making or being concerned in any contract with said mayor and council, or either, shall be guilty of a misdemeanor, and upon indictment and conviction shall be punished as prescribed in section 4310 of the Code of Georgia, 1882.

Sec. II. All laws and parts of laws conflicting with this Act are hereby repealed.

Approval Date: Approved December 24, 1884.

SOURCE: Digital Library of Georgia

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE State of Georgia, 1890-'91.
Part VI.--Local Laws.
TITLE I. MUNICIPAL CORPORATIONS.

1890 Vol. 2 -- Page: 484

Sequential Number: 166

Short Title: NEW CHARTER FOR CLARKESVILLE.
Law Number: No. 309.

Full Title: An Act to incorporate the town of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer upon the mayor and council thereof certain powers, privileges and duties, to repeal all existing charters or Acts conferring corporate powers upon said town, and for other purposes.

SECTION I. The General Assembly of the State of Georgia do enact, That Clarkesville, in the county of Habersham, be, and the same is, hereby incorporated under the name and style of the town of Clarkesville, and in said name may sue and be sued, plead and be impleaded in any of the courts of said State; shall have and use a common seal; shall buy, sell, own and possess all property, real and personal, that may be necessary for the purposes of corporate duties and existence: and shall succeed to all the rights and liabilities of the present corporation of the town of Clarkesville; and the corporate limits of the town shall extend one mile on either side of a line running in the centre of the road or street as it now runs, beginning at the end of the bridge nearest the town, across Sugar river, thence along the centre of the old street to and through the centre of the court-house, thence the centre of the street to and through the centre of the depot building, on the Blue Ridge and Atlantic Railroad, to the line of right-of-way of said railroad most distant from said court-house.

SEC. II. Be it further enacted, That the government of said town shall be vested in a mayor and five councilmen, who shall be elected at the time and in the manner and for the term hereinafter provided

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and until the first election provided for. W. T. Crane shall be the mayor, and T. G. Spencer, J. P. Wilson, Lindsey Milbanks, J. W. Bigham and J. J. Bowden shall be councilmen of said town.

SEC. III. Be it enacted, That the annual election for mayor and councilmen shall be held on the second Tuesday in December of each and every year, and the officers then elected shall enter on the discharge of their duties at the first regular meeting in January following, and shall hold their office for one year or until their successors are qualified. The regular place of holding said election shall be at the court-house in said town. The mayor and council shall appoint three freeholders, who shall be electors under this Act as managers of said election, whose duty it shall be to receive and count the votes polled and declare the result of the election. Said managers shall be sworn to a faithful, honest and impartial discharge of their duties.

SEC. IV. Be it enacted, That all persons qualified to vote for members of the General Assembly in the county of Habersham, and who reside in the town of Clarkesville, and who shall have paid all legal taxes imposed and demanded by the authorities of said town, and who have done all work on the streets of said town required by said authorities, and who shall have resided in said town for at least thirty days next preceding said election, shall be entitled to vote for mayor and councilmen of said town.

SEC. V. Be it enacted, That any elector shall have the right to challenge any voter offering to vote; whereupon the managers shall administer to such voter an oath touching his qualification to vote under this charter, and any person voting illegally at such election shall be subject to the same penalties as are prescribed by the laws of this State for illegal voting in the State and county, and shall be prosecuted for the same before Habersham Superior Court.

SEC. VI. Be it enacted, That the mayor of said town shall post at the court-house door, and publish in the town newspaper, the time for holding said election and the names of the managers thereof at least ten days before the day of said election.

SEC. VII. Be it enacted, That in case a vacancy occurs amongst the members of council for any cause, the mayor shall advertise an election to fill said vacancy, and in case of a vacancy in the office of mayor from any cause, the town council shall order an election to fill the vacancy, giving at least ten days' notice thereof, both by posting at the court-house door and through the town newspaper.

SEC. VIII. Be it enacted, That immediately after any election for mayor and council, or to fill vacancies, the managers, after counting the votes, shall hand over to the mayor for the time being a copy of the tally sheet and shall retain a copy themselves. Thereupon the mayor shall notify the persons elected, and on or at the first meeting in January after their election, the elect shall take and subscribe before the outgoing mayor, or any justice of the peace for the county, the following oath of office, to-wit: "I, A. B., do swear that I will well and truly perform the duties of mayor (or member of council as the case may be) of the town of Clarkesville by adopting such measures as in my judgment be best calculated

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to promote the welfare of the inhabitants of said town, so help me God," and shall at once enter on the discharge of their respective duties.

SEC. IX. Be it enacted, That the mayor and council shall elect a mayor pro tem., who shall be clothed with all the powers of mayor in cases of the absence or disqualification of the mayor.

SEC. X. Be it enacted, That the mayor shall be bound to keep the peace, and shall be ex officio justice of the peace, so far as to enable him to issue warrants for offences, committed within said town, and shall have power to bind over or commit, after examination, all offenders against the laws of the State, for such offences.

SEC. XI. Be it enacted, That the mayor or any member of council shall be liable to prosecution before the Superior Court for malpractice in office as now provided by law in cases of justices of the peace.

SEC. XII. Be it enacted, That the mayor of said town shall have a general supervision of said town and its affairs and officers. He shall be required to make out and publish annually a full statement of the financial condition of the town. Neither the mayor nor any member of council shall be accepted as security on any bond or recognizance required to be given by the charter or laws of said town, nor shall any one of them be interested directly or indirectly in any contract, office or appointment in said town. The mayor and council shall hold regular meetings at such times as they may designate.

SEC. XIII. Be it enacted, That the mayor and council shall appoint or elect a marshal, a clerk, a treasurer and such other officers as they deem necessary, requiring such bonds and prescribing official oaths for faithful discharge of duty as they see fit, and shall fix their compensation, and shall have power of removal for good cause, and complete control of all subordinate officers. They shall also have power to appoint such additional police force as may be necessary, and shall prescribe the duties to be performed by each and every officer elected or appointed by them.

SEC. XIV. Be it enacted, That the mayor and council shall have full authority and power to lay out and open new streets in any part of said town; to alter or abolish any existing street or alley; to control, protect, work and repair the public square and all streets and alleys in said town, and to exercise full control of the same; provided, they in no way interfere with the use, enjoyment or necessary control of the county buildings in said county. Said mayor and council shall have full control of the streets, lanes or alleys in said town; shall have power to require all persons in said town liable to road duty to work the roads, streets, sidewalks, alleys, squares or lanes in said town, said work not to exceed fifteen days by any hand in one year, or they may levy and collect a commutation tax for street work not exceeding

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five dollars per capita per annum from each person liable to road duty in said town.

SEC. XV. Be it enacted, That the mayor and council shall have power and authority to make and pass all such constitutional and lawful ordinances, by-laws, rules and regulations as they shall deem necessary for the good order, peace, health, prosperity and welfare of said town, shall provide appropriate penalties for a violation thereof, and shall at all times preserve good order, peace and quiet in said town; provided, that the mayor or mayor and council shall have power to impose a fine for violation of any ordinance of said town, not exceeding fifty dollars, or imprisonment in the guard house or calaboose not exceeding thirty days, or work on the streets or sidewalks or other public works of the town, not exceeding thirty days; and provided, also, that the power to punish for contempt shall not exceed twenty dollars fine or twenty days' imprisonment.

SEC. XVI. Be it enacted, That the mayor and council shall have the power to grant licenses, upon payment of a sum prescribed, to auctioneers, to vehicles, and to limit the rates of freight and passage on the same in the town, on all hotels, boarding houses, restaurants, barber-shops, billiard saloons or tables, ten pin alleys, and all other establishments not herein mentioned.

SEC. XVII. Be it enacted, That the mayor and council shall have power to license the sale of all fresh meats or other articles usually sold in markets; provided, they may free all such articles from taxation in their discretion.

SEC. XVIII. Be it enacted, That the mayor and council shall have power to regulate all lanes, alleys, sidewalks, public squares, parks, privies, butcher-pens, slaughter-houses and all other places and houses in the town, and they may remove anything or have it removed, if it shall become a nuisance or injurious to the health of the town. They shall have full power over all pumps, cellars, cisterns, fire companies and engines within the town.

SEC. XIX. Be it enacted, That the mayor and council shall have authority to provide against the ravages of fire, and shall control all chimneys, flues, stoves, forges, shops and everything else that endangers the property of the town.

SEC. XX. Be it enacted, That the mayor and council shall have authority to direct all work on the streets, squares or alleys, all bridges, crossways or other construction. They shall prevent and have removed all obstructions on the streets, lanes or squares of the town, and shall be authorized to punish for injury or damage done to the property of the town or its streets, alleys or squares, as well as that belonging to the county of Habersham, located within said town.

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SEC. XXI. Be it enacted, That the marshal of said town, his deputy, or any policeman acting by authority of said marshal, or of the mayor and council, shall be authorized to arrest any violator of the ordinances of said town, or any person guilty of a breach of the peace, or of riot or boisterous and disorderly conduct in said town, with or without process; provided, said arresting officer or policeman shall carry such offender, with the least possible delay, before the mayor or other officer authorized to hear and determine such charge.

SEC. XXII. Be it enacted, That the mayor or mayor protem., or in the absence or disqualification of both of said officers, any member of council, shall have authority to try all persons charged with violations of the ordinances of said town, and upon conviction, to impose lawful punishments; said mayor's court to be held in the council chamber at such times, and for such length of time, as may be provided by ordinance or by-law, or as the public exigencies may require.

SEC. XXIII. Be it enacted, That said mayor and council shall be empowered to levy and collect a general tax upon all the taxable property, real, personal and choses in action located in said town, not to exceed one per cent. in order to-raise funds to carry out the purposes and intentions of said corporation, and to advance the general interest and the public welfare of the citizens of said town.

SEC. XXIV. Be it enacted, That the mayor shall receive as his salary the sum of one hundred dollars per annum as his compensation or salary.

SEC. XXV. Be it enacted, That the mayor and council may, in their discretion, provide for an annual registration of all the voters in said town, agreeably to the provisions of this charter as to the qualification of voters.

SEC. XXVI. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

Approval Date: Approved August 22, 1891.

SOURCE: Digital Library of Georgia

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1893.
Part III.--Local Laws.
TITLE I. MUNICIPAL CORPORATIONS.

1893 Vol. 1 -- Page: 197

Sequential Number: 140

Short Title: CLARKESVILLE, CHARTER OF, AMENDED.
Law Number: No. 386.

Full Title: An Act to amend an Act entitled an Act to incorporate the town of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer upon the Mayor and Council thereof certain powers, privileges and duties, to repeal all existing charters or Acts conferring corporate powers upon said town, and for other purposes," approved August 22d, 1891.

SECTION I. The General Assembly of the State of Georgia do enact, That Clarkesville, in the county of Habersham, be, and the same is, hereby incorporated under the name and style of the town of Clarkesville, and in said name may sue and be suid, plead and be impleaded in any of the courts of said State; shall have and use a common seal; shall buy, sell, own and possess all property, real and personal, that may be necessary for the purposes of corporate duties and existence, and shall succeed to all the rights and liabilities of the present corporation of the town of Clarkesville; and the corporate limits of the town shall extend one-half mile on either side of a line running in the center of the road or street as it now runs, beginning at the end of the bridge nearest the town across Soque river, thence along the center of the old street to and through the center of the courthouse, thence the center of the street to and through the center of the depot building on the Blue Ridge and Atlantic Railroad to the line of right of way of said railroad most distant from said courthouse.

SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

Approval Date: Approved December 20th, 1893.

SOURCE: Digital Library of Georgia

Acts and Resolutions OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1897
Part II.--Corporations.
TITLE II. MUNICIPAL CORPORATIONS.

1897 Vol. 1 -- Page: 160

Sequential Number: 102

Short Title: CLARKESVILLE, CITY OF INCORPORATED.
Law Number: No. 277.

Full Title: An Act to repeal an Act entitled "an Act to incorporate the town of Clarkesville, in the county of Habersham, and for other purposes," approved August 22d, 1891, and to incorporate the city of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer upon the mayor and council thereof certain powers, privileges and duties, to provide for public schools, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Clarkesville, in the county of Habersham, is hereby incorporated under the name and style of the city of Clarkesville, and in said name may sue and be sued, plead and be impleaded in any of the courts of said State; shall have and use a common seal; shall buy, sell, own and possess all property, real and personal, that may be necessary for the corporate duties and existence, and shall succeed to all the rights and liabilities of the town of Clarkesville; that the corporate limits of said city shall be as follows: Commencing at the southeast end of the Soque river bridge next to said city, thence up said river to a point opposite the original northwest corner, between lots two and twenty-three, in the twelfth land district of said county, thence to said corner and along the line between said lots, S. 30 E. and along the line; same course between lots numbers three and twenty-two in said district, and continuing in same direction until it strikes the southeast side of the right of way of the B. R. & A. R. R.; thence along the southeast side of the said right of way to a point opposite where the original corner between lots numbers forty and forty-one is; thence north 30 west by said corner and along the line between lots numbers twenty and twenty-one, and between lots numbers eighteen and nineteen,

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all in the tenth land district of said county, to Soque river, thence up said river to the bridge, the place of beginning.

Sec. 2. Be it further enacted by the authority aforesaid, That the government of said city shall be vested in a mayor and five councilmen, who shall be elected at the time and in the manner and for the term hereinafter provided, and until the first election provided for, W. J. Fuller shall be mayor, S. M. Chestnutt, J. H. Asbury, E. Berry, J. L. York and O. M. Askea shall be the councilmen of said city.

Sec. 3. Be it further enacted by the authority aforesaid, That the annual election for mayor and councilmen shall be held on the second Tuesday in December of each and every year, and the officers then elected shall enter upon the discharge of their duties at the first regular meeting in the January following, and shall hold their office for one year or until their successors are elected and qualified. The regular place for holding said election shall be at the court-house in said city. The mayor and council shall appoint three freeholders, who shall be electors under this Act, as managers of said election, whose duty it shall be to receive and count the votes polled and declare the result of the election. Said managers shall be sworn to a faithful, honest and impartial discharge of their duties.

Sec. 4. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly in the county of Habersham, and who reside in the city of Clarkesville, and who shall have paid all legal taxes imposed and demanded by the authorities of said city, and who have done all work on the streets of said city required by said authorities, and who shall have resided in said city for at least thirty days next preceding the date of said election, shall be entitled to vote for mayor and councilmen of said city.

Sec. 5. Be it further enacted by the authority aforesaid, That any elector shall have the right to challenge any voter offering to vote, whereupon the managers shall administer to such voter an oath touching his qualification to vote under this charter, and any person voting illegally at such election shall be subject to the same penalties as are prescribed by the laws of this State for illegal voting in State and county.

Sec. 6. Be it further enacted by the authority aforesaid, That the mayor of said city shall post at the court-house and publish in the city newspaper the time for holding said election and the

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names of the managers thereof at least ten days before said election.

Sec. 7. Be it further enacted by the authority aforesaid, That in case a vacancy occurs amongst the members of council for any cause, the mayor shall advertise an election to fill said vacancy, and in case of a vacancy in the office of mayor from any cause the city council shall order an election to fill the vacancy, giving at least ten days' notice thereof, both by posting at the court-house door and the city newspaper.

Sec. 8. Be it further enacted by the authority aforesaid, That immediately after any election for mayor and council, or to fill vacancies, the managers, after counting the votes, shall hand over to the mayor for the time being a copy of the tally-sheet, and shall retain a copy themselves. Thereupon, the mayor shall notify the persons elected, and on or after the first meeting in January after their election, the elect shall take and subscribe before the outgoing mayor, or any justice of the peace, the following oath, to wit: "I, A B, do swear that I will well and truly perform the duties of mayor (or member of council, as the case may be) of the city of Clarkesville by adopting such measures as in my judgment be best calculated to promote the welfare of the inhabitants of said city, so help me God," and shall at once enter upon the discharge of their respective duties.

Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and council shall elect a mayor pro tem., who shall be clothed with all the powers of mayor in cases of absence or disqualification of the mayor.

Sec. 10. Be it further enacted by the authority aforesaid, That the mayor shall be bound to keep the peace and shall be ex officio justice of the peace so far as to enable him to issue warrants for offenses committed in said city, and shall have the power to bind over or commit after examination all offenders against the laws of the State for such offenses.

Sec. 11. Be it further enacted by the authority aforesaid, That the mayor or any member of the council shall be liable to prosecution before the Superior and city courts for malpractice in office as now provided by law in cases of justices of the peace.

Sec. 12. Be it further enacted by the authority aforesaid, That the mayor of said city shall have a general supervision of said city and its affairs and officers. He shall be required to make out and publish annually a full statement of the financial condition of the city. Neither the mayor nor any member of the council

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shall be accepted as security on any bond or recognizance required to be given by the charter or laws of said city, nor shall any one of them be interested, directly or indirectly, in any contract, office or appointment in said city. The mayor and council shall hold regular meetings at such times as they may designate.

Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and council shall appoint or elect a marshal, a clerk, a treasurer, an attorney, and such other officers as they may deem necessary, requiring such bonds and subscribing official oaths for faithful discharge of duty as they may see fit, and shall fix their compensation, shall have power of removal for good cause, and complete control of all subordinate officers. They shall also have power to appoint such additional police forces as may be necessary, and shall prescribe the duties to be performed by each and every officer elected or appointed by them.

Sec. 14. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to condemn land for the purpose of laying out new streets, alleys or sidewalks, to lay out and open new streets in any part of said city, to alter or abolish any existing streets or alleys; to control, protect, work and repair the public square and all streets and alleys in said city, and to exercise full control of the same; provided, they in no way interfere with the use, enjoyment or necessary control of county buildings in said county. Said mayor and council shall have full control of the streets, lanes or alleys of said city; shall have power to require all persons in said city liable to road duty to work the roads, streets, sidewalks, alleys, squares or lanes of said city, said work not to exceed fifteen days by any hand in one year; or they may levy and collect a commutation tax for street work, not exceeding five dollars per capita per annum for each person liable to road duty in said city. The mayor and council of said city shall also have power to open and widen streets, and to compel property owners to make and keep in good order sidewalks, and to enforce the same by levy and sale of the land of the abutting property owner.

Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to make and pass all such constitutional and lawful ordinances, by-laws, rules and regulations as they shall deem necessary for the good order, peace, health, prosperity and welfare of said city; shall provide appropriate penalties for a violation thereof, and shall, at all times, preserve good order, peace and quiet in said city; provided, that

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the mayor, or mayor and council, shall have power to impose a fine for violation of any ordinance of said city not exceeding fifty dollars or imprisonment in the guard-house or calaboose not exceeding thirty days, or in default of the payment of said fine, shall have power to work said offender on the streets of said city not exceeding thirty days; and provided also, that the power to punish for contempt shall not exceed twenty dollars' fine or twenty days' imprisonment.

Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to grant licenses, upon payment of a sum prescribed, to auctioneers, to vehicles, and to limit the rates of freight and passage on the same in the city, on all hotels, boarding-houses, restaurants, barber shops, billiard saloons or tables, ten-pin alleys, and all other establishments not herein mentioned.

Sec. 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to license the sale of fresh meats or other articles usually sold in markets; provided, they may free all such articles from taxation in their discretion.

Sec. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to regulate all lanes, alleys, sidewalks, public squares, parks, privies, butcher-pens, slaughter-houses, and all other places and houses in the city, and they may remove anything if it shall become a nuisance or injurious to the health of the city; they shall have power to condemn and cause to be removed any building or structure that is dangerous or a nuisance; they shall have full power over all pumps, cellars, cisterns, fire companies and engines within the city.

Sec. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to provide against the ravages of fire and shall control all chimneys, flues, stoves, forges, shops and everything else that endangers the property of the city.

Sec. 20. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority to direct all work on the streets, squares or alleys, all bridges, cross-ways, or other constructions. They shall prevent and have removed all obstructions on the streets, lanes or squares of the city and shall be authorized to punish injury or damage done to the property of the city or its streets, alleys or squares, as well as that belonging to the county of Habersham located in said city.

Sec. 21. Be it further enacted by the authority aforesaid, That

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the marshal of said city, his deputy or any policeman acting by authority of said marshal or of the mayor and council, shall be authorized to arrest any violator of the ordinances of said city, or any person guilty of a breach of the peace or of riot or boisterous and disorderly conduct in said city with or without process; provided, said arresting officer or policeman shall carry such offender with the least possible delay before the mayor or other officer authorized to hear and determine such charge.

Sec. 22. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tem., or in absence or disqualification of both of such officers, any member of council shall have authority to try all persons charged with violations of the ordinances of said city, and, upon conviction, to impose lawful punishments. Said mayor's court to be held in the council chamber at such times and for such length of time as may be provided by ordinance or by by-laws, or as the public exigencies may require.

Sec. 23. Be it further enacted by the authority aforesaid, That said mayor and council shall be empowered to levy and collect a general tax upon all the taxable property, real, personal, and choses in action, located in said city not to exceed one per cent. in order to raise funds to carry out the purposes and intentions of said incorporation and to advance the general interest and public welfare of the citizens of said city. And it shall be lawful for the marshal of said city to levy any fi. fa. for taxes or other dues to said city upon any property, real or personal, of the defendant in fi. fas. or upon which fi. fa. may be supposed to have a lien found within the limits of said corporation. If said property be personalty, he may sell the same after ten days' notice, posted at three of the most public places in said city. If said property so levied upon be liable to deteriorate from keeping, he may sell the same upon such short notice posted as above as the mayor may by order direct. If the property so levied upon be realty, he shall advertise the same for sale in four issues of the newspaper in which the sheriff's sales of said county are advertised, and may on the first Tuesday in a month sell the same to the highest bidder for cash, and make to the purchaser a deed therefor and put the purchaser in possession, said sale to be in all respects under the same rules and regulations of sheriff's sales so far as applicable.

Sec. 24. Be it further enacted by the authority aforesaid, That the mayor shall receive the sum of fifty dollars per annum, and no more, as his compensation or salary. No member of the council shall receive any compensation or salary other than his street-tax.

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Sec. 25. Be it further enacted by the authority aforesaid, That the mayor and council may in their discretion provide for an annual registration of all the voters in said city agreeable to the provisions of this charter as to the qualification of voters.

Sec. 26. Be it further enacted by the authority aforesaid, That from and after the passage of this Act there may be established in the city of Clarkesville a system of public schools to be conducted, maintained, supported and provided for in the manner prescribed in this Act.

Sec. 27. Be it further enacted by the authority aforesaid, That in conformity with article 8, section 4, paragraph 1 of the Constitution, when the mayor and council of said city shall recommend that a system of public schools to be established and maintained in said city by carrying into effect this Act, an election shall be held in said city on the day to be appointed by the mayor and council of said city on the question of local taxation for the support of said system of public schools, and all persons resident in the said city of Clarkesville who are qualified to vote for members of the General Assembly shall be entitled to a vote in the election herein provided. All voters who favor the adoption of provisions of this Act shall have written or printed on their ballots "For public schools," and those opposed shall have written or printed on their ballots the words "Against public schools," and in case two-thirds of the qualified voters in said city shall in said election vote for public schools, then it shall be the duty of the mayor and council of said city annually to raise by taxation a sum sufficient to carry out the purposes of this Act. Notice of said election shall be given by the mayor of said city (in a newspaper published in said city) once a week for two weeks next preceding said election. In case two-thirds of the qualified voters of said city do not vote for public schools in any election held under this Act, an election may be held in said city by order of the mayor and council of said city annually until the provisions of this Act are adopted by a vote of two-thirds for public schools. The managers of each election provided for in this Act shall count the votes and return all the papers to the mayor and council, who shall declare the result, certify to the same, and publish it one time in a newspaper published in said city. Before declaring and certifying to the result for publication, said mayor and council shall wait until twelve o'clock m. on the day after the election, and if no notice of contest is given by that time no contest shall be had. If notice of contest is given as above allowed, the contest shall be heard by the mayor and council, who

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shall hear and determine the same and publish the result as above stated.

Sec. 28. Be it further enacted by the authority aforesaid, That in case of two-thirds majority of the qualified voters of said city in any one of said elections shall vote for public schools, J. K. Burns, F. L. Asbury, S. M. Chestnutt, L. C. Furr, and C. T. Wilbanks shall be and constitute the board of education of the city of Clarkesville, with the right in them and their successors to take and hold in trust for school purposes in said city, any grant, conveyance, or devise of lands, or any donation, gift or bequest of money or other personal property made to them for educational purposes. The terms of said board of education shall be as follows: J. K. Burns and F. L. Asbury shall hold for one year; S. M. Chestnutt and L. C. Furr shall hold for two years; and C. T. Willbanks shall hold for three years. Each member shall hold over after the expiration of his term until his successor is elected and qualified. The elections to fill vacancies on the board occurring annually by expiration of terms shall be held annually on the same day that municipal elections of said city are held, at the same time, subject to the same regulations, and by the same managers as said municipal elections for the election of mayor and council, and those receiving the highest number of votes shall be declared elected. All vacancies otherwise than by the expiration of terms shall be filled by the remaining members of the board. If from any cause an election is not held on the designated day the board of education shall appoint a day and give notice thereof in a public gazette once a week for two weeks next preceding the election. All members elected to succeed those whose terms have expired shall be elected for a term of three years and until their successors are elected and qualified, and those elected by the board to fill unexpired terms shall hold for the balance of said unexpired terms.

Sec. 29. Be it further enacted by the authority aforesaid, That said board of education shall be a body corporate with the right to sue and be sued, plead and be impleaded in any of the courts of this State.

Sec. 30. Be it further enacted by the authority aforesaid. That the board of education shall have power to appoint such principal and such number of assistant teachers as they may deem necessary; to remove any principal or any of the teachers when they consider it is to the interest of the school to do so; to fix the salaries of the principal and assistants, and the mode and time of payments; to prescribe the course of studies; and shall adopt such rules and regulations as may be necessary for the successful conduct of said

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school, and shall have general oversight and management of the schools, and shall do such other acts not inconsistent with the laws of this State as may promote the efficiency of the system of education under their charge.

Sec. 31. Be it further enacted by the authority aforesaid, That said board shall organize by electing from their number a president, a vice-president, secretary and treasurer. The secretary and treasurer shall keep a record of all the acts of the board and keep the records thereof open to the inspection of all the citizens of said city. The treasurer shall give bond for the safe keeping and disbursement of the funds in his charge, the amount of the bond and the sufficiency of the security to be judged by said board of education. Said bond shall be made payable to the board of education of said city, and the said board is authorized to sue thereon to recover for any breach thereof, and any expenses incurred by said board of education in carrying out any of the provisions of this Act shall be paid of any funds in the treasury of said board of education. It shall not be lawful for said secretary and treasurer to pay out any funds except by order of the board. The majority of said board shall constitute a quorum in the transaction of any and all business.

Sec. 32. Be it further enacted by the authority aforesaid, That the schools established by authority of this Act shall be free to all the children residing within the corporate limits of the city of Clarkesville. Children of non-residents may be admitted to said school upon such terms as may be prescribed by said board of education.

Sec. 33. Be it further enacted by the authority aforesaid, That provisions shall be made under this Act by said board for the education of all children, both white and colored, in said city, but separate schools shall be provided for white and colored children.

Sec. 34. Be it further enacted by the authority aforesaid, That the amount of the public school fund of Habersham county to be paid to the city of Clarkesville shall be estimated according to the ratio that the school population of the said city of Clarkesville bears to the school population of Habersham county, as shown by the latest school census; and the teachers of the public schools of the city of Clarkesville shall make out reports of the attendance of non-resident children entitled to draw the State school fund, and when said reports are passed upon by the county school board and approved by them, the county school commissioner shall pay over to the treasurer of the city school board of the city of Clarkesville its pro rata share of said non-resident pupils, which amount the

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said school commissioner shall turn over to the treasurer of said board, and such fund shall be applied to the maintenance of said public schools according to the provisions of this Act; and it shall further be the duty of said treasurer to receive from the mayor and council of said city all money raised by them by taxation under this Act or otherwise, to be applied and appropriated under the directions of said board according to the provisions of this Act; and it shall be the duty of said mayor and council to turn over to said [Illegible Text] said funds on the order of said board; and the treasurer of said board shall also receive the incidental fees and other proceeds of said school and report the same to the board at each meeting thereof.

Sec. 35. Be it further enacted by the authority aforesaid, That said board of education shall determine as early as practicable after the beginning of the scholastic year what amount of money it will be necessary to raise by taxation to defray the expenses of running said public school for the ensuing year, and it shall lay the same before the mayor and council of the city of Clarkesville, and it shall be the duty of said mayor and council to proceed to levy and collect the same; and when collected, the collecting officer of said mayor and council shall pay the same over to the board of education, which shall then constitute a fund to be expended by said board in payment of teachers and other expenses incidental thereto.

Sec. 36. Be it further enacted by the authority aforesaid, That the board of education shall provide a system of graded schools for a term of not less than eight scholastic months in each year.

Sec. 37. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Clarkesville shall, within fifteen days after the notification of the passage of this Act, order an election, of which notice shall be given by publication of the time and place in a public gazette published in said city, once a week for two weeks next preceding the day of election, at which election the qualified voters residing within the corporate limits of said city, as specified in section 27 of this Act, shall be entitled to vote as herein provided.

Sec. 38. Be it further enacted by the authority aforesaid
Sec. 38. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

Approval Date: Approved December 16, 1897.

SOURCE: Digital Library of Georgia

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