Georgia: Butts County: Incorporation of the Town of Pepperton, 1897 J. L. Asbel, Mayor, W. T. Ellis, Councilman J. D. Lewis, Councilman W. M. Harper, Councilman J. R. Thomas, Councilman ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Carolyn L. Harper Johnson clhjohnson@aol.com ==================================================================== 1897 Vol. 1 -- Page: 287 PEPPERTON, TOWN OF INCORPORATED. Law Number: No. 145. An Act to incorporate the town of Pepperton, in Butts county, Georgia; to provide for a mayor and council and to prescribe their powers and duties, and for other purposes. 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 the following shall be taken and received as the charter of the town of Pepperton, Butts county, Georgia. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Beginning at a small tree at the northeast corner of lot belonging to Pepperton Cotton Mills, adjoining lot of Jennie Fitch, and running west eighty-two rods, thence south sixty-six (66) rods, thence east eighty-two (82) rods, thence north sixty-six (66) rods, to starting point. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of and be vested in a mayor and four councilmen, to be elected as herein-after prescribed; that they and their successors are hereby constituted a body corporate under the name and style of the mayor and council of the town of Pepperton; that they shall have perpetual succession, shall have a common seal, sue and be sued in their corporate name of mayor and council of the town of Pepperton; to purchase, have, hold, receive, enjoy and retain for the use of said corporation any property, real or personal; that they contract and be contracted with in their corporate name, and that they may dispose of such property by public or private sale that they may have previously purchased; Page: 288 that they may receive gifts of property to said town and dispose of same by sale or otherwise. Sec. 4 Be it further enacted, That the mayor shall be elected on the first Thursday in May of the year 1898 and biennially thereafter on the same date. Annually on the first Thursday in May of each year after the passage of this Act two councilmen shall be elected, except as herein-after provided, and any persons shall be eligible to the office of mayor or councilman, and shall be entitled to vote in said election, who are twenty-one years old and shall paid all municipal taxes previously legally required of them, and who have resided within the corporate limits of said town for sixty days next preceding said election, and who have previously registered for said election as hereinafter provided, and resided in the State twelve (12) months and the county six months preceding said election; provided, that J. L. Asbel be, and he is, hereby appointed mayor of said town, to hold the said office until the first Thursday in May, 1898, when there shall be an election held for the election of his successor, to hold said office for two years; and there shall be an election for the office of mayor every two years after that date and time as hereinbefore provided; that W. T. Ellis and J. D. Lewis are hereby appointed councilmen of said town, to hold their office each till the first Thursday in May, 1898, when there shall be an election held for the election of their successors to hold said office of councilmen for two years from their election, when their successors shall be biennially elected as hereinbefore provided; that W. M. Harper and J. R. Thomas are hereby appointed councilmen of said town, to hold their office each until the first Thursday in May, 1899, when there shall be an election held for the election of their successors, to hold said office of councilmen for two years from their election, when their successors shall be biennially elected as hereinbefore provided. Sec. 5. Be it further enacted, That there shall be two electors appointed, who shall be appointed by the mayor five days before the said election, who shall superintend said election, and shall take the following oath, the same to be administered one to the other: "I will suffer no one to vote at this election who has not met the requirements of an elector under the charter, by-laws and ordinances of the town of Pepperton, but will allow all who are eligible to vote for the canadidate or candidates of his choice, and keep the secrecy of each elector's ballot forever inviolable." This oath shall be binding, and a Page: 289 violation of the same shall subject the violator to a punishment as for a misdemeanor or in the State courts. Sec. 6. Be it further enacted, When the polls of the election closes the superintendents, with the assistance of such clerks as they may engage, shall count each ballot received by each candidate and credit the same to the candidate who received the vote, and make a return of the said count to the mayor and councilmen the day following said election at noon; the ballots shall be carefully sealed up by the superintendents and delivered to the mayor and councilmen when the return of the count is made, and the name of each superintendent shall be written across the seal, and the said ballots thus sealed up shall be filed with the clerk of the council, and he shall keep the same on file thirty days, and if no contest to said election in said time, then the mayor, in the presence of the public, shall, at noon of the thirtieth day after said election, burn said ballots without breaking the seals on the same, The candidate receiving the highest number of votes shall be declared elected by the mayor and sworn in by the mayor; if the candidate be the mayorelect, any member of the council can swear said candidate. The mayor and each councilman shall subscribe to the following oath: "I will faithfully discharge my duty as an officer of the town of Pepperton and support the Constitution of the State and of the United States, so help me God." Sec. 7. Be it further enacted, In the event from any cause no election is held as prescribed by this Act, the mayor and councilmen then acting shall hold over until their successors are elected and duly qualified. If for any reason, from death or resignation or a tie vote, an election has to be held on a day other than the regular election day as prescribed by this Act, the mayor (or council if no mayor) shall order the same and give ten days' notice by posting at two or more public places in the corporate limits of said town. Sec. 8. Be it further enacted, That ten days before each election the clerk of the council and treasurer shall open a registration book for the registration of the qualified voters of the said town, and the said book shall be kept open for seven days; said book shall be open from eight o'clock a. m. until nine o'clock p. m. of the seventh day after opening. All the male citizens of said town who reside within the corporate limits shall be allowed to register his name in person, or by the clerk or treasurer if he is unable to write, and shall state his age, occupation and the time he has resided in the said town. After Page: 290 the book for registration has ceased it shall be returned to the mayor and council, who shall go over said book and take from the same the names of those persons not eligible and qualified voters under the requirements of section four of this Act, and shall cause said persons to appear before them and show good cause why their names should not be stricken from the registration book. The mayor and council shall call to their assistance in purging said registration list of illegal voters the taxcollector, treasurer and clerk of the town, and they shall assist in said work. No name shall be purged from said list who will take the following oath, the same administered by the mayor or any councilman: "I do solemnly swear that I am a citizen of the United States; that I will have resided in the State of Georgia for twelve months and the county of Butts for six months and the corporate limits of the town of Pepperton sixty days next preceding the date of the election for which I have registered; that I am twenty-one years old, or will be before said election for which I have registered, and that I have paid all taxes due the town of Pepperton previously legally required of me by the authorities of said town, so help me God." Sec. 9. Be it further enacted, Should any person falsely swear in taking the oath required in section eight of this Act, he shall be subject to prosecution in the State courts for the offense of false swearing. Any person illegally voting in any election in said town shall, on conviction in the State courts, be dealt with as for a misdemeanor. Sec. 10. Be it further enacted, That the mayor and council shall have power to pass all laws and ordinances that they may deem necessary for the good of the government of said town, the protection of the life, health, liberty, security and property of the inhabitants or non-residents of said town; that the said ordinances may be enforced by fine, imprisonment and work on the streets of said town, after trial and conviction before the court hereinafter provided. Sec. 11. Be it further enacted, That the mayor of said town of Pepperton shall be the executive officer of said town, and, in his absence, the mayor pro tem. (who shall be elected by the council from their number). He shall see that all laws, ordinances, regulations and rules of the said town council are faithfully executed. He shall have authority to try offenders of the rules, regulations, laws and ordinances of said town, and may impose fines not to exceed one hundred dollars, or to sentence any offender against the laws or ordinances of said town to be Page: 291 confined in the guard-house of said town, or to be required to work upon the streets or public works of said town, or let to a private individual for any time not to exceed six months, or both, in his discretion, whenever they have violated any of the laws, by-laws, rules or orders or ordinances of the said town. Any person sentenced by the mayor shall have the right of appeal to the council, who shall have the right to sustain the mayor or discharge the defendant, or lessen the sentence or increase the same. Sec. 12. Be it further enacted, That the said mayor and council shall have power to levy and collect a tax not to exceed the amount allowed to be levied under the Constitution and laws of this State upon all property, real or personal, within the corporate limits of said town, except as hereinafter provided, and the same shall be enforced by executions issued by the clerk of the said town in the name of the mayor; and all levies to be made by the marshal of said town, and all sales to be made by the marshal, and to be made and conducted in the same way and manner as sheriff's sales under executions. Sec. 13. Be it further enacted, They shall also have power to require all persons within the corporate limits, who are subject to road duty under the laws of this State, to work the streets of said town at such time as in their opinion is needful, or they may prescribe a commutation tax, which may be paid in lieu of work upon the streets of said town. Sec. 14. Be it further enacted, That the mayor and council of the said town shall have authority to lay out and open streets and alleys for the public use, and to that end may purchase, receive or condemn property of private individuals. Said mayor and council shall also have authority to change streets heretofore opened and laid out, and to this end may purchase, receive or condemn property. Sec. 15. Be it further enacted, That the said mayor and council, at their first meeting after the passage of this Act, and at their first meeting after each regular annual election, shall elect a clerk, treasurer and tax- collector, from among their own number or from the citizens of said town, and they shall require of said officers-elect to give to the mayor and councilmen a bond approved of by the mayor, in an amount fixed by the mayor and council, said bond to be made payable to the mayor of the town, conditioned for their faithful performance of duty, said bond to be approved of by the mayor. Said bond shall also cover damage done any person by the acts of said Page: 292 marshal giving said bond, wherein the town is not liable or sueable. The amount of the bond or bonds of the marshals shall not be less than twenty- five dollars each, but may be fixed at a higher sum by the mayor and council. The bond thus given may be sued on by any person in the name of the mayor for the use of the plaintiff for damages sustained. Sec. 16. Be it further enacted, That the said mayor and council shall have authority to tax all shows, auctioneers, sleight-of-hand performers, gift enterprises, pool and billiard tables, wheels of fortune and other like enterprises, and all business, trades, callings and establishments in said town, as they may deem proper and just, provided the same is uniform and not repugnant to the Constitution and laws of this State; provided, that no manufacturing enterprises of any kind shall be required to pay any special or business tax; nor shall the plant, factory house in which the machinery is operated, or the machinery of any manufacturing enterprise be subject to any kind of municipal taxation. All property owned by manufacturing enterprises in said town, not actually used for manufacturing purposes, shall be subject to taxation. Sec. 17. Be it further enacted, That the sale of vinous, malt, intoxicating liquors, or wine, cider, malt ale, hopoline, white hops, or any beverage which, if drank to excess, will produce intoxication, is forever prohibited. Nor shall any person within the corporate limits of said town give, furnish or lend to another any of said drinks. Any person or persons violating this section shall be guilty of a misdemeanor and punishable for such in the State courts. Sec. 18. Be it further enacted, That the mayor shall be bound to keep the peace and shall be an ex officio justice of the peace, so as to enable him to issue warrants for violations of the criminal laws of the State committed within the corporate limits of said town, and shall have full power on examination to commit the offenders to the common jail of the county of Butts, or to bail them, if the offense is bailable, to appear before the court having jurisdiction to try said offenders. Sec. 19. Be it further enacted, That the tax-collector of said town shall be the tax-receiver, and shall at the time when the tax-receiver of the county of Butts opens his books to receive the tax returns of persons who own property within the limits of said town and should said tax-collector be dissatisfied with the valuation placed upon any property returned, he shall refuse to receive the same at the valuation placed upon it and Page: 293 shall refer the matter to the mayor and council, who shall pass upon the valuation of said property; provided, the owner of the same shall have notice to appear before the mayor and the council, and shall offer any evidence he desires towards arriving at the true value of the property to be returned. Sec. 20. Be it further enacted, That the mayor's salary at no time shall exceed the sum of fifty dollars per annum, and the clerk and treasurer and tax-collector shall receive not exceeding twenty-five dollars per annum; the councilmen to serve without salary; that the marshal shall receive such a per cent. of fines as shall be agreed upon by the mayor and councilmen, in lieu of salary. The salary of the mayor, clerk, treasurer and tax-collector shall be fixed by the mayor and council next preceding said mayor and council whose salary is thus fixed. Sec. 21. Be it further enacted, That the mayor and council shall have power and authority to do any and all things which are usually done by corporations of like character in this State, which are not contrary to the Constitution and laws of the United States or of this State. Sec. 22. 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 November 29, 1897.