Opposition Brief — Yost v. Gunby
Supreme Court brief1966
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Text
a (\ INDEX
Opinion Below
Jurisdiction »
q
fis,“
a
Questions Presented
Statutes Involved
%
Statement.of Case
Summary of Argument
ee ona ition for Writ of Centar Seeking 1 to | eDreg tid
a Judgment of,a State Supreme Court, . % |
sed Solely on an Interpretation. of State/Proce-_
- dural Law, Presents No Substantial Feder Qu ues-
tion for Review by This Court___ "A
II. There ‘Were Adequate Grounds to Substantiate
the State Court Decision Under the. Laws of Geor-
gia Involving No Federaf Question, and This
Court Should Refuse to Grant the Writ ofCer-
tiorari 10 4
: III. The Petition for Writ of Certiorari Should Be
a Denied Because the’ Issues Presenited. by the Orig-
inal Appeal to the Georgia Sapreyie Court Are
’ Now Moot wh ; 18
* Conclusion’ _. : | . 22
Proof of Service _ a 23
‘ Appendix “ eee jiode | 24
> INDEX—Continued
Authorities Cited
CASES ane
[ ~
Brown v. Maes 144 U.S. 573, 36L. Ed. Ya
12 S. Ct. 757 (1892) s 8
0 Callan v. Bransford, 139 U.S. 197, 35 L: Ed. 144, —
11 S. Ct. 519 (1891) . 8
. Charles River Bridge v. Warren Bridge, 11 Pet. 420,
9 L. Ed. 773 (1837) ——_— 9
| Chesapeake & Ohio Railway Co. v. McDonald, |
214 U.S. 191, 53 L. Ed. 963, 29 S. Ct. 546 (1909) _ 8
Close v.‘Walker Land Corp. » 221 Ga. 329, 145 SE.
24245 (1965) —— 2: 12
Davenport, et al. v. Hall) Mayor, et al.,’
221 Ga. 543, 146 SE- 2d 569 (1965) _— eT
Echolsa. Pime Motor eres 111 Ga. App. 554,
142 SE. 2d $24 (1965) - 17
Evans. Newton, 383 U.S. __, 15 L: Ed. 2d is oa
86 Sst _” (1966) 9»,
PS ‘Trust Co. v. Blodgett, 287 US. 511, 77
L. Ed. 453, 53 S. Ct. 244 (1932) 10
Herndon v. Ga., 295 U.S. 441, 79 L. Ed. 1531,
55 S. Ct. 794 (1935) , 9
Hulbert v. Chicago, 202 U.S. 275, 50 L. Ed. 1026,
26 S. Ct. 617 (1906) ___ i
Jacobi v. Alabama, 187 U.S. 133, 47 L. Ed. 106, “a
23 S. Ct 48 (1902) ees |
oe ss ageing as :
wal en z ” i | .
: o > “ = ”
” ee a
$ NS :
INDEX—Continued
Yee —
John v, Paullin, 231 U.S. 583, 58 L. Ed. 381,
[ $48. Ct. 178 (1918) 4° s.- 4 sg
‘Luke v. Green, 201 Ga. 482, 40 SE, 2d 85 (1946) ____-17
McDonald v. Oregon R. & Nav. Co., 233 U.S. §65,> -
58 L, Ed. 1145, 34S. Ct. 772 (1914) _. 1 Oy
- Newman v. Gates, 204 U.S. 89, 51 L. Ed. 385,
27 S. Ct.-220 (1907) 8
Nickel v. Cole, 256 U.S. 222, 65 L. Ed. 900,
41 S. Ct. 467 (1921) ae
Northside Manor, Inc. v. Vann, 219 Ga. 298,
183 SE. 2d 32’ (1963) ae 17
Peters v. Hobby, 349 U.S. 331, 99 L. Ed. 1129,
758. Ct. 790 (1955) } 9.
Peyton v. Rylee, 191 Ga. 40, 11 SE. 2d 195 (1940) 17°"
Rochester Capital Leasing Corp. v. Christian,
109 Ga. App. 818, 137 SE. 24.518 (1964) 17
Stanford v. Evans, Reed & Williams, a
221 Ga. 331, 145 SE. 2d 504 (1965) __» | 12
‘Thorington v. City Council of Montgomery,
147 U.S. 490, 37 L. Ed. 252, 13'S. Ct. 394 (1893) —10
United States v. Ruimety§ $45 U.S. 41,97 L. Ed. 770,’
73S. Ct. 548 (1953) i 9
Wolfe.v. N. C., 346 U.S. 177, 4 L. Ed. 2d 1650,
80 S. Ct. 1482 (1960) __-_ __8,9
Yost v. Gunby, 221 Ga. 552, 145.SE. 24 575 (1966) 1,7
ili
\
\
ie ae,
INDEX—Continued
STATUTES CITED
7 | : Page
United States Constitution, Amendment XIV. : 7
Georgia Constitution (1945) , Art. I; Sect. I, Para II,
~ Ga. Code Anno. 2-102 : =
-Ga. L. 1965, p. 18, 240,,Ga. Code Anno. Chap. 6-7
through 6-12 (Ga. al Procedure Act of-
1965): 8,8, 11, 15
Sect. 4, Ga. L. 1965, p. 18,-20, Ga. Code Anno. —
-§ 6-802 1]
Sect. 5, Ga. L. 1965, p. 18, 21, Ga. Code Anno. |
<i -9 6am - 115, 16
- Sect. 6, Ga. L. 1965, p. 18, 21, Ga. Code Anno.
ent 2 14
Sect. 13 (b) (1), Ga. L. 1965, p. 240, 243, Ga.
Code Anno. § 6-809 (b) (1) 16
_ Sect. 18 (b) (4), Ga. L. 1965, p. 240, 243, Ga.
Code Anno. § 6-809 (b) (4) 13,14
. Sect. 14, Ga. L. 1965, p. 240, 243, Ga. Code Afino.
6-810 | : 11, 13, 14 |
= Sect. 18 (b) , Ga. A965, p. 18, 32, Ga. Code Anno. :
§ 6-908
Sect. 21 (b) , Ga. L. 1965, p. 18, 37, Ga. Code
Anno. § 6-902 _. 3 17
Ga. L. 1965, p. 2243 (Metropolitan Atlanta Rapid
u Transit Authority Act of 1965) Text in Appen-
_ dix p. 33, Inside Back Cover_________- 4,19, 20
= ed
iv-
15,16 __.
yn
“|
INDEX—Continued — |
: oe | Page
Ga. L., 1966, p. (Act No. 403, 1966 Session
- of the oe ti Assembly) Text in Appéndix___8, 30-
7
: Other Authorities \
Rules of the Court of Appeals of Georgia:
Rule 15 (b) , ‘111 Ga. App. 889 (1965), 18 Ga. L.
Rpt. No. 46 (1965) Ga. Gode Anno, *.
¢
§ 24-36]5 . At g
Rules of the Supreme Court of Georgia: ee
Rule 7, 220 Ga. 910 (1965), Ga: Code Anno. ~
§ 24,4507 _14
Rule 20, 220 Ga. 912 (1965) , Ga. Code Anno. :
§ 24-4520 __11, 14
_ Rule 46, 220 Ga. 819 (1968), 6 Ga. Code ‘Anns
§ 24-4546 * 12
_ Leverett, “The Appellate. Procedure Act of 1965"
1 Ga. St. . J. 451 (1965) ae
i ,
a Vv
Supreme, Court of the United States
October Term, 1965
No. 1021
_S- VERNON YOST, et AL.
Petitioners
Vs.
HON. EUGENE GUNBY,
ey of Fulton ee ET AL.
enn
ON PETITION FOR A WRIT OF CERTIORARI
TO THE SUPREME.COURT OF GEORGIA
_— FOR RESPONDENTS | IN OPPOSITION f
OPINION BELOW
The opinion of the Supreme Court of Georgia is re-
ported at 221 Ga. 552, "hes SE 2d 575 (1965), decided
November 9, 1965, rehearing iecyeen November 29,
1965.
JURISDICTION
Jurisdiction is invoked by the petitioners under the
provisions of 28 U.S.C.A. 1257 (3). ‘Jurisdiction is dis-
: aes by the respondents: on the grounds _— there is
]
, |
no cabetinitial federél question. Cf. Rule 19 (1) @),
United States: Supreme Court.
QUESTIONS PRESENTED
1. Should. a-decision of a State. Supreme Court, con-
cerned wholly with State procedural law, and involving
io substantial federal questions, be reviewed by the
United States Supreme - Court on petition for writ of
certiorari? 2
_ 2. Was the decision of the Supreme Court of Georgia
in the instant case based solely 7 State " procedural y
— |
~ ~€) Did the decision of the wile a’
_ Court, holding that the appeal should be dismissed
because the enumeration of errors was not filed in
time, involve anything other than a State proce-.
dial question? .
(b) Should the decision of the Georgia Supreme
Court be reviewed when, even if it were incorrect,
the record in the case clearly showed that the appeal
was filed too late tobe considered by the Georgia
Appellate courts?
8. Should the United States Supreme Court review —
the decisions of the Supreme Court of Georgia, when the.» -
record shows that f the original relief sought had to at
do with the invalidity of certain elections or actions.
thereunder, and the necessity for such elections has been _.
obviated. by subsequent action of the aneaie Assembly ~
of Georgia? —
STATUTES INVOLVED
The petition fgg certiorari involves provisions of the
0 Georgia Aveda Procedure Act of 1965, Ga. Code
-
8
3
Anno., Chap. 6-7 through 6-12, and 6-17 (Ga. L. 1965,
p. 18, 240), and the Rules of the Supreme Court ot
Georgia, Ga. Code Anno., Chap. 24-45, 220 Ga. 912
(1965). Also involved are the Metropolitan Atlanta
apid Transit Authority Act of 1965, Ga. L. 1965, p. «
2246\(Appendix, p. 33) as amended by Act 403, 1966 '
Session of the General Assembly of Georgia, Ga. L. 1966,
p. -..., Appendix, p. 30) . Pertinent portions of these statu-
tory authorities are quoted in the argukfant section of |
this brief. ae ta |
| STATEMENT OF CASE?
This originally was a suit ‘brought in the Superiony
?Counsel for Respondents are advised by the Clerk of thé
Supreme Court of Georgia,-that only one copy of the transcript’ -
of the record ‘to be filed with this Court ‘was prepared, and since -
it has already been filed with this Court, it is impossible to
duplicate the pagination contained therein. Accordingly, cita-
tions to-the Record (‘“‘R. _.”) appearing in this brief are to the
page numbers of the record in the Supreme Court of: Georgia.
-Counsel have ‘been informed that this pagination also appears
_ - . in the record certified for use. in this Court in addition to the
n@w pagination. In commenting on the record filed with this |
_.MOurt, counsel for respondents would be somewhat remiss in ‘
their duty as memberg of the bar of the Supreme Court of
‘Georgia.if they did not make some comment upon the affidavits
contained in the appendix td§ghe petition in this case. A. 20-40.
These affidavits are so biased, \argumentative and one-sided. as
to be unworthy of any extended discussion. The Supreme Court
- of Georgia was well aware of what took place before it at the
=. hearing on November 9, 1965, and-apparently considered an
action in reference with such’ scurrilous Secomean to be benenth
. its dignity. In accordance with this view, these documents were
_ physically removed from the files of the Supreme Court of
Georgia and returned to counsel for the petitioners. Since the
davits present issues which, if they were not contained in the «
—s roceeding, would likely be grounds for an action for
ibel under Georgia law, it is suggested that this court treat -
them in the same manner. as the Supreme Court of Georgia.
lf information is desired as to the proceedings which took place .
on November 9, 1965, this should be requested from the justices
of the Supreme Court of Georgia, or opportunity should be®
given to present testimony subject. to cross-examination. ° :
&
Om.
lps 4
aa 4
Court of Fulton County, Georgia, by thirteen named
plaintiffs against thirteen. named defendants, and_.all of
the members of the Board of Aldermen of the City of
- Atlanta, an additional sixteen individuals. All of the de-
_ fendants were public officials of Fulton, DeKalb and
: Gwinnett County, Georgia, the City of Atlanta, Georgia,
or of the State of Georgia. The petition as amended at-
' tempted to contest the validity of referendum éléctions
‘held in certain governmental units of the Atlanta Metro-
Jitan area on Jhne 16, 1965, and sought ,to urge the
invalidity of certain statutes and provisions of the Con-
stitution of Georgia under both the Georgia and the
United States Constitutions. Subsequent to the initial
filing of thé suit, the Interim Study. Committee of the
Metropolitan Atlanta Rapid Transit Authority was per-
‘mitted to intervene as a party defendant. (R. 44) .?
On\July 28, 1965, the Honorable Virlyn D. Moore,
Judge of the Superior Court of Fulton County, sustained _
general demurrers ‘to the petition as amended and dis-
missed the same, holding, in effect, that no valid: election
contest was alleged and that no valid State or Federal
Constitutional attack was made on any statute or con:
stitutional provision of the State of Georgia (R. 113).
On August 30, 1965, the plaintiffs, petitioners in this _
Court, filed an appeal to the Supreme Court of Georgia. -
_ The appeal was docketed with the Clerk of the Supreme
2 Under the terms of Ga. Laws, 1965, p. 2243, 2247, the Interim
Study Committee of the Metropolitan Atlanta Rapid Transit
. Authority ceased to exist on January 3, 1966. The Interim Study
Committee was replaced by the Metropolitan Atlanta Rapid
Transit Authority. It should be noted that the Metropolitan
Rapid Transit Authority is not now and never has been a party
to the instant action, although its counsel has joined in this
brief in opposition as a party of interest not a party to the record
because’of concern with the outcome of this. litigation. j
aN
3% | J
5
Copirt of Geotgia on September 17, 1965. 5. Although there
is no formal order appearing ‘in the record of the case,
it is conceded that the Hon. William’ H. Duckworth,
_ Chief Justice of the Supreme Court of Georgia, extended -
the time for the filing of briefs for all parties to the ap-: |
peal fora period of ten (10) days. No contention is made.
that there was any extension of time requested for or
granted for the filing of an enumeration of errors. The
brief and the enumeration of errors of the petitioners,
-was filed with the Supreme Court on October 5; 1965.
~The case came on duly: for argument before the full
bench of the Supreme Court of Georgia (Justice Mobley
being absent for providential cause). on November 9,
1965. At that time the appeal was dismissed. on the
grounds that the enumeration of errors was not filed with
the Georgia Supreme Court within the time provided ©
by law. 221 Ga, 552, 145 S.E. 2d 575 (1965). This de-
cision was adhered to,.on motion for rehearing on:
| November 29, 1965. Ibid. The published decision of the
Supreme Court of Georgia shows that no ruling was
made as to the correctness or incorrectness of the trial
court in “arc D terion of action was ‘stated for
an election contést or any constitutional attack in the
- original petition. It is from the judgment of the Supreme -
“Court ‘of Georgia dismissing the appeal, adhered to on —
rehearing, that the petitioners ‘have filed their petition
for writ of certiorari to this Court.
“ SUMMARY OF ARGUMENT
It is the.contention of the respondents that the petition
for a writ - of certiorari should be denied for three reasons.
Ynitially, it should be pointed out the express basi, of
- the decision: of the Supreme Court of Georgia . in the
ie es :
¥
_ # dismissed ecause the enumeration
within the time: provided by law, ‘This is purely a gites-
id presents ‘no. sub- «
stantial federal —— for review -by this Court.
. ““ y ww 7 woes 2 ’
4 ° 5 S . Wi ey ge 8 Sen RNS eee 2
errors was not filed
tion of Georgia procedural law
&
Secondly, it is the contention of ‘the respondents that ee,
the decision of the Supreme Court of Georgia was cor-
_ rect, and even if it were not, review by. this Court. would ~
accomplish nothing since Georgia law would have. re--
_ quired dismissal of the state appeal on grounds invalving |
no federal questions.
Lastly, it is felt that this case {is inappropriate for grant ‘>
of the writ of certiotari, as the issues in the main case
have been rendered mioot. Even if all of the-petitioners’
difficulties as to Georgia procedure. are ignored, it can-
be seen that the only prayers for relief concern: the ©
validity of certain elections, and action thereunder. Sub-
sequent to the filing of the petition, for certiorari, the
necessity of such elections was obviated by action of the
_ General Assembly of Georgia, and, hence, any attacks .
- on the validity of such elections or actions ‘taken, there-
under are psec “f
ARGUMENT
J. The Petition for Writ. of Certiorari, Seeking
to Attack a Judgment of a State. Supreme Court,
Based.Solely on An Interpretation of State Pro- |
‘cedural Law, Presents No Substantial Federal
Question for Review by This Court.
_ The initial contention of the’ respondents, that there
~
is no substantial federal question, can perhaps be best .
set forth through.a careful analysis and examination of
- the “Questions Presented for Review” contained in
at |
: pas 5 through 9 of the petition. ei is iia that one of
the questions presented involves no féderal issue what:
‘soever. Question 2 is whether “the Supreme Court of:
Georgia deprived petitioners of their liberty and’ proper.
ty without due process of. law sand equal protection
of law’’ in certain specified ora There ‘is no
' allegation that ‘action taken the Supreme Court’ of »
: Sige in any way infringes upon any federal right.
It s
tains ‘an express due procéss clause. (Ga. Code Anno.
2-102, Ga. Const., Art. I, Sect. I, Para. —ID)./“It is well
settled that such an. averment [alleging a taking of. Prop-.
erty without due process] making no referetice’to the
Constitution of the United States and asserting no ex-
press rights thereunder, is solely referable to the State
Constitution which, in this instance, has a due process
clause and affords no basis whatsoever. for invoking the.
jurisdiction of this Court.”
‘McDonald v. Oregon R. & Nav. Co., 283 US. 665;
_ 345 S. Ct. 772, 58 L. Ed. 1145: (1914) Campi
> supplied) .
It is equally clear that the other questions asia
_ for review, even though attempting to allege a violation
. of the petitioners’ fights under the 14th Amendment of
the Constitution of the ‘United States, actually present
uld be noted that the Georgia Constitution con- _
ee
——
no substantial Federal questions for review by this Court. —
_ An examination € opinion oi the Supreme Court of
' Georgia, Yost, et al. v. Gunby, et al., 221 Ga. 552, 145
. §.E. 2d 575 (1965) clearly shows that the nly. point
which was decided by that Court was that the enumera-
- tion of errors filed more than fifteen days after the appeal
Tae
oe
was docketed was not soa and, hence, the appeal must
: be dismissed.®
This is solely a ‘entiation of the Georgia ious Court
interpreting Georgia procedural law, to-wit: the Georgia
Appellate Procedure Act of 1965 (Ga. Code Anno. Chap. ~~
6-7 through 6-12; Ga. L. 1965, p. 18 et seq., P. 240 et’
_seq.) Although the pefitioners allege this interpretation
- tobe erroneous under Georgia law, this actually presents
no Federal’ question. A has ‘been said by the Unie
‘States Supreme Court:
“ ‘Without any doubt it rests with each State to -
_ prescribe the jurisdiction of its appellate courts, the
mode and time of invoking that jurisdiction, and
_the rules of practice to be applied in its exercise; -
_ and the state law and practice in this regard are no
less applicable when Federal rights are in. contro-
versy than when the’ case turns entirely upon ques-
+» tions’ of local or general law. Callan v. Bransford,
139 U.S. 197; Brown v. Massachusetts, 144 U.S. 573;
Jacobi v. Alabama, 187 U.S. 133; Hulbert v. Chi-
cago, 202 U.S. 275, 281; Newman v. Gates, 204 U.S.
89;Chesapeake & Ohio Railway Co: v. McDonald,
214 U.S>-191, 195.’ John v. Paullin, 231 U.S. 583,
| 585, 58 L. Ed, $81, 382, 34 S. Ct. 178. *(W) hen as
2 here there can be no pretence that the (state) Court.
, _ adopted its view in order to evade a constitutional
issue, and the case has been decided upon grounds |
that have no relation to any federal question, this Z
Court accepts the decision whether right or wrong.’
. Nickel v. Cole, 256 U.S. 222, 225, 65 L. Ed. 900,
_ 905, 41 S. H. 467.”
“~~ * Cited with approval Wolfe v. North Carolina,
a, | 346 US. 177, 195, 80 S. Ct. 1482, 4 L. Ed. 2d 1650,
1662 (1960).
3See Part II infra. p. 10 for a discussion of the points of law
~> involved in - deviaicn of the Supreme Court of Georgia.
~.
“~,
F ™~
S
9 a .-)
| The petitioners, in their petition for writ of certiorari,
attempt ‘to present to this Court for review the correct- _
ness of the trial pourt’ s ruling on demurrers in this case.
~~It has been consistently held by this Court that this type
RN
of issue, although present in the State case, when not
passed upon by the State Supreme Court because of
procedural or substantive defects in presenting the issue,
‘will not be reviewed by the United States \Supreme
| Coury ty Wolfe v. N. C., 346 U.S. (77, 80 S. Ct. 1482,
d.'2d 1650 (1960) , Herndon v. Ga., =v US.
441, aig Ct. 794, 79.L. Ed. 1531 (1935) . ae
As was succinctly stated by Mr. Justice Harlan in his
. dissenting opinion, in Evans v. Newton, 383 U.S. _, 86
S. Ct. _., 15 L. Ed. 2d 373, 386 (1966):
“This plainly contravenes the established rule.
that this Court will not reach constitutional ‘ques-
tions if their décision can reasonably be averted.
Peters v. Hobby, 349 U.S. 331, 99 Lb. Ed. 1129, 75
S. Gt. 790; United States v. Rumely, 345 U.S. 41,
‘97 L. Ed. 770, 73 S. Ct. 543; Charles River Bridge
v. Warren Bridge, 11 Pet. 420, 553, 9 L. Ed. 773,
826. Application of that doctrine is especially called
' for here where decision should require precise
knowledge of the factual details and nuances that
only time and a complete record can bring into
focus. Dismissal of the writ should thus follow.”
The decision of the Supreme Court of Georgia on a
purely Georgia procedural matter is definitive. Even—
though there are assertions made by the petitioners in
this case that such a decision is a wrong interpretation
of Georgia law, it is impossible for a State Supreme
Court to make a wrong interpretation of State law. The -
United States Supreme Court is “bound by tha decision’
10
meaning as fixed by the court had been expressed in the
statute itself in specific words.” Guaranty Trust Co. v. -
Blodgett, 287 U.S. 511, 513, 53 S. Ct.°244, 77 L. Ed- 453,
465 (1932). Just as this Court is‘the supremé authority
for determining the mear::nz of all Federal laws, so the
Georgia Supreme Court is the supreme authority for
determining the meaning of all Georgia. law, provided
that Federal constitutional issues are not involved.
“This decision upon a matter of practic ce under
State procedure, did not draw in question any right ..
“complainant had under the Constitution or’ laws of
the United States. It afforded no basis for _the con-
Day
tention that her right to be heard in her own behalf.”
was dertied.”, Thorington. v.-City Council of Mont-
gomery, Y4F U.S. 490, 494,13 S. Ct. 394, 37 L.. Ee.
252, 253 (1893) .
For these reasons it is respectfully submitted that the
decision of the Supreme Court of, Georgia presents no
substantial Federal question for review by this Court
and the petition for writ of certiorari should be denied.
Il. There Were Adéquate Grounds to Substan-
tiate the State Court Decision Under the Laws of
Georgia Involving No Federal Question, and This _
Court Should Refuse to Grant the Writ of,
Certiorari. en
= As has been pointed out in Part I of this : section of
respondents’ brief in opposition, the actual decision of
the Supreme Court of Georgia was "based Solely on the
proposition that since the Enumeration of Errors was fiot
filed within the time provided by law, the appeal must
be dismissed. This isa decision on. Georgia procedural
law, involving no Federal constitutional rights. -
The reasons for this decision of the Supreme Court of |
Georgia may appear somewhat obscure to one who is not
ee
- familiar with the history of appellate procedure i in 1 Geor-
gia, but becomes pparent when examined in light of
*. statutory enactments and prior judicial decisions. Prior
to August.1, 1965, review of lower court decisions was
made by the ‘appellate courts of Georgia by common law
writ of error as it had been-for some one hundred and
twenty yéars, since the establishment of the Supreme
_ Court of Georgia. However, ‘at the 1965 Session of the
* General Assembly of Georgia, there was enacted the
Georgia Appellate Procedure Act of 1965, Ga. Code
Anno. Chap. 6-7 through 6-12 (Ga. Laws, 1965, p. 18,
* *. 240). Although this Act was apparently an attempt to
combine. the best features of the Georgia system of writ
_ .of error with the system-of appeals used underneath the
Federal Rules, in retrospect it appears that the effect of *
it may have been to combine the worst features of the
two systems. Under the new Act, an appeal is taken by
~ the filing of a Notice of Appeal. (Ga. Code Anno. 6-802,
. Ga, L. 1965, p. 21). However, apparently as a vestige .
of the old Bill of Exceptions, the Act in Section 14 also.
provides that there shall be filed with the Clerk of the.
appellate court an “Enumeration of the Errors Relied
Upon,’ a. Code Anno. 6-810, (Ga. L. 1965, p. 244).
This Seetion, as originally enacted; provided that the
Enumeration of Error$8hould be filed “‘as a part of the
brief” in the appellate courts. When opposition ¢ this
requirement was expressed by the Chief Justice the
Supreme Court, the Section was amended prior to the
time it became effective, so as to provide that the Enu-
meration of Errors be filed in\the appellate oe
simultaneously i in the trial cour “at the time the brief
is filed.” (See Leverett, “The Appellate Procedure Act
of 1965,” 1 Ga. St. B. J. 478, 479). Under the Rule 20
of the Supreme Court of Georgia, the brief of the appel-
o
/
1€>
&
12
lant must be filed within fifteen (15). days after the
docketing of the case in the Supreme Court. Ga.-Code
Anno. 24-4520, 220 Ga. 912 (1965). The holding of the
Supreme Court in both the instant.case and in previous
cases decided under the new Appellate Procedure Act,
such as Stanford v. Evans, Reed & Williams, 22] Ga.
331, 145 S.E. 2d 504 (1965), Close v. Walker Land
Corp., 221 Ga. 329, 145 S.E. 2d 245 (1965), and Daven-»
port, et al. v. Hall, Mayor, et al., 221 Ga. 543, 146 S.E.
2d 569 (1965) was to the effect that the Enumeration of
Errors must be filed within this 15-day period, even
though an extension of time is actually given for the
filing of the brief.
The. basis for the Motion for Re-Hearing by the peti-
tioners in this case, and also the primary basis of the.
petition for writ of certiorari, seems to’ be that since the
Enumeration of Errors was filed at the time the brief was,
the requirements of the law were satisfied. This argu-
_ ment would be logically appealing except that it fails
to recognize the essential difference between a brief and
an Enumeration of Errors under Georgia law, and the |
rules of the Georgia Supreme Court) A brief is a docu-
ment required by the rules of the Supreme Court to
assist the Court, with citations of authority and argument
to decide the issues before it. Under the present rules of
the Georgia Court, failure to file briefs does not affect
the appeal at all, but will be dealt with as a contempt
of court (Ga. Code Anno. 24-4546, Rule 46, Ga. S. Ct.,
220 Ga. 919 (1965). But cf. Rule 15(b) of the Court
of Appeals of Georgia, Ga. Code Anno. 24-3615, 111 Ga.
App. 889 (1965) amended 18 Ga. L. Rept. No. 46,
where failure to file a brief is an “‘abandonfnent of the
appeal”). There is no requirement in the statute law
B
13
of Georgia that a brief be filed in the Supreme Court
at all. Indeed, the Supreme Court could, by rule, elimi-
nate completely the requirement of filing briefs. The
brief in the Supreme Court is not a part of the record
in the case, and is kept separately, from me record by
the Clerk of the Court.
On the other hand, the Enumeration of Errors is not
for the purpose of assisting the Court to decide the issues
before it, but rather, is the document which determines |
the issues before the Court. The Enumeration of Errors
is a document required by statute law to be filed with .
the Court (Section 14, Appellate Procedure Act, Ga.
Code Anno. 6-810, Ga. L. 1965, p. 244) . WLen it is filed
_ it becomes part of the record in the case and failure to
file it is ground for dismissal of the appeal. Sec. 13 (b) (4)
Appellate Procedure Act, Ga. Code Anno. 6-809 (b)
(4), Ga. L. 1965, p, 243. The reason for the importance
attached to the Enumeration of Errors under the Appel-
late Procedure Act is obvious, because “since Assign-
ments of Error are abolished, the filing of the Enumera-
tion of Errors in the appellate court is essential, for it is
in the Enumeration of Errors relied upon .. .\that the
court knows what is before it.’’ Leverett, “The Appellate
Procedure Act of 1965,” 1 Ga. St, B.J. 45, 458 (1965).
When this distinction between a brief and an Enumera-
tion of Errors is considered, it is apparent that the de-
cision of the Supreme Court ‘of Georgia in the instant
case was correct. Since a brief is a document, to assist
the court only, the court can determine wher j it can be:
filed. If,it is filed 20 or 30 days after the docketing of a
case, or even after oral argument before the court, this
late filing does not affect the merits of the appeal. If
such a tala been authorized by one of the Justices
of the court, as was done in the instant case, this, of
oe
course, would tend to ne
« ®
of court.
-»~
- On the other hand, the Enlimeration of Errors must be
filed at a fixed time in order that both the court and the
appellees may be appraised of the contentions made by
the appellant. This fixed time is prescribed by Section -
14 of the Appellate Procedure Act, _Ga. Code Anno.
6-800, Ga. L. 1965, p. 243, as being “at the time the brief —
is filed.” Under Rule 20 of the Supreme Court of Geor-
gia, the brief “must be filed with the Clerk within fi
(15) days after the docketing of the case in this cu
Ga. Code Anno./24-4520, 220 Ga. 912. (1965). Hende,
it is apparent that failure to file the Enumeration of
Errors within the \|5 days after docketing is cause for
dismissal of the appeal under Section 13 of The Appel-
late Procedure Act, Ga. Code Anno. 6-800, Gan. 1965,
Pp.’ 29, 243.
Although Section 6 of The mate Procedure Act,
. Ga. Code Anno. 6-804, ‘Ga. L. 1965, p. 2, might be-con-
strued as authority for the Supreme Court, or any) ustice ©
thereof, to extend the 15 day filing period for t ¢, Enu-
meration of Errors, Rule 7 of the Georgia Supreme.
Court; Ga. Code Anno. 24-4507, 220 Ga. 910 (1965) ,
provides: “This Court will issue no order granting ex-
tensions of time as provided in the Appellate Procedure
Act of 1965 (Ga. L. 1965, pp. 18, 21, § 6).” It would
appear that the only way this rule could be altered
would be through, action of the.entire court, and not the
unilateral action of any justice. Of course, in the instant
case, it is doubtful there was even any attempt at such
unilateral action, as the petitioners ake no contention
that there was any express extension of time for the filing
of Enumeration of Errors by the Chief Justice. ,
‘
?
aa
15.
The foregoing’ summary of the Georgia’ Appellate
Proce 27 appear somewhat involved,: but is in- | NN
tended to make it clear that the petitioners in this case
were victims Of “progress” and ‘“‘reform”, and their own
inattention to the requirements-of Georgia Statute Law
and the Rules of the Supreme Court of Georgia. These -
are results which, though unfortunate, present no Federal ’
Constitutional i issue. wa
In addition to the statutory_ construction relied upon
by the Georgia Supreme Court in its decision, it should
also be observed that there was another Georgia’ pro-
cedural point which, although not expressly passed upon
b Georgia Supreme Court, clearly required a dis-
issal of the State appeal. Thig point was that the Notice .
of Appeal wasenot filed from ‘he trial court to the Su- aaa}
preme Court of Georgia within\the time provided by ie,
law, \This 1 is clear from an examination of the relevant
provisions of the Georgia Appelldte Procedure Act. Ga.
Code Anno. Chap. 6-7 throu 12, Ga. - 1965, pp. 18 ©
et seq., pp..240 et seq... Ne ‘
Section 5 of the Appellate Procedure Act, Ga. Code
Anno, 6-803, Ga, L. 1965, p. 211, prevides:
““A Notice of Appeal shall be filed within thirty
— (30) days After entry of the + stpenene > decision or
~) judgment complained of .
io “4 "while Section-1\8 (b) of the. hile Procedure Act, Ga ~ .
€odg‘Anno. 6-903, Ga. L. 1965, p. 32, defines the “entry”
» phyaiudgment s being the “filing with the Clerk of a: L
judlgmient signed by. the Judge.” |
‘ STS determin whether the Notice of Appeal was filed |
1 Me within the/time provided by law. in the instant case, it is -
necessary/to briefly review the order of the trial judge
16
in this case and the pupnriines of events which hmiecata:
in the trial court.
On July 28, 1965, the trial court entered the following , -
order:
“After argument and consideration, the general |
demurrers of each of the defendants to the petition, —
as amended, are hereby sustained with twenty (20)
days’ leave to amend. If not-amended within said
time, the suit is dismissed,” (R. 113).
This order was filed with the Clerk of Fulton Superior
Court on the same day, July 28, 1965, and thus consti-
tuted the “entry of such judgment” within the meaning
of Section 18(b) of the Appellate Procedure Act, Ga.
Code Anno. 6-903, Ga. L. 1965, p. 32. The petitioners
in the instant case filed no aniendment to their petition,
‘within the twenty (20) day period permitted by the
trial court’s order. The appellants filed no Notice of .
Appeal within thirty %30) days of the entry of the order °
‘of July 28, 1965, but, rather, beyond this thirty (30)
days period, on August 30, 1965; filed a Notice of Appeal
to the Georgia Supreme Court. This Notice of Appeal,
~ of course, would be within thirty (30) days from August
17, 1965, the date of the automatic dismissal under the
order of July 28, 1965.
However, under these circumstances in this case, it is
‘submitted that’ Section 5 of the 1965. Appellate Pro-
cedure Act, Ga. Code Anno. 6-803, Ga. L. 1965, p. 21,
- requiring a “Notice of Appeal” to “be filed within thirty
Cn ee eee
(30) days after entry of the appealable decision or judg-
ment complained of,” by its express terms, would make
the appeal in this case too late and subject to dismissal
by the Georgia Supreme Court, under the, provisions of
Section #3 (b) (1) of the Appellate Procedure Act, Ga.
Code Anno. 6-809 (b) Q), Ga. L. 1965, ‘p, 29, 243. |
€
*
fed
thirty (30) er from the -“‘en
decision.
17
It appears that this result is contrary to the result
which would have been reached prior to the effective
date of the Appellate Procedure Act, because, in similar
situations, both the Supreme Court and the Court of
Appeals of Georgia had held that the time for filing a
Bill of Exceptions was thirty (30). days from the date of
the automatic dismissal of the petition under the order
of the trial court. See Peyton v. Rylee, 191 Ga. 40, 11
S.E. 2d 195 (1940); Luke v. Green, 201 Ga. 482, 40 S.E. -
2d 85 (1946) ; cf. Northside Manor, Inc. v. Vann, 219
_ Ga. 298, 133 S.E. 2d 32. (1963) . See also, Rochester Capi-
tal Leasing Corp. v. Christian, 109 Ga. App. 818, 1374
“> S.E.2d 518 (1964) , and Echols v. Time Motor Sales Inc.,
* "111 Ga, App. 554, 142 S.E. 2d 324 (1965)
~ However, it should be noted ‘that all of these decisions,
of both the Supreme Court and the Court of Appeals,
. were decided when. Section 6-902 of the Georgia Code
. Annotated provided “Bills of Exception shall be tendered.
to any judge authorized by law to certify.them, within
- thirty (30) days from the date, of the ‘decision com-
plained of.” Code, Sec. 6-902, was, of course, repealed
hy Sec.21 (b) of the Appellate. Procedure Act, Ga. Code
_ Anno. 6-902, Ga. L. i p. 37. {
It would thus appear that although the Notice of
| Appeal in this case was within thirty (30) days from
“the date of the decision complained” of,” i.e., aatomatic
of the “appegable
dismissal of the petition, it. conf of not filed. within
Xu
Although this would ieee ke be nuneR of an
anomalous result to be reached” under an -Act “reform-
ing” Appellate Procedure in/Georgia,.it is a result that ~
wu =a J Val at Bars |
F
a
. )
cannot be alpidded under the plain language used m the
‘General Assembly of Georgia.
From: the foregoing, it is apparent that the decision of
the Supreme Court of Georgia rested-on adequate State
grounds, and since no Federal questions were involved,
the petition for a writ of certiorari should be denied.
This is particularly true since an examination of perti-
* nent Georgia law shows that there were equally valid
grounds requiring the dismissal of the appeal in the
State Court, which. would, in all likelihood, be the basis
of the decision in the event of a reversal.
Ill. The Petition for Writ of Cavihooadt Should
Be Denied ata the Issues Presented by the
Original Appeal ‘to the Georgia Supreme Court
Are Now Moot. ae
It is further the contentions of the respondent in this
. case that all of the issues presented by, the original suit .
_ -in the Georgia Court have been rendered moot by sub-
sequent action of the General Assembly of Georgia, and
on
that none of the relief prayed for in the original\petition ~~
can be granted. To illustrate this point it is necessary
to examine the prayer for relief as contained in the re-
written petition of plaintiffs as amended (R. 73). It
should be noted that these are.the only prayers for relief
remaining in the case, since the prayers of the original
petition were stricken,,and none of the subsequent |
amendments of the petitioners commen any prayers for
relief.
First, it should be noted-that prayers (a) and (f) are
purely formalistic, asking for ,issuance of process and a
prayer for general relief. (R. 73) ;
The first prayer having any substance is prayer (b)
t
a)
(e]
ois. oe ; F
(R. 73), which is to the effect that the petitioners ask
“that a rule nisi. issue to the defendants herein requiring |
why a permanent order should not issue restraining and .
oN
\.
why to show cause on’ a day certain before this court
enjoining them from any: declaration of the results of
the special election neld on June 16, 1965, and particu-
larly,.that they be permanently restrained and enjoined’
from any action or the assumption of any office of any
kind or nature or the ‘expenditure of. public funds for
_ the AP game implicit in the referendum reterted to
herein.”
It is clear that ‘under this prayer for relief the peti-
tioners are seeking injunctive relief havirig to do with
action of the respondents taken pursuant to the referen-
dum election referred to in the petition. An examination .
of the Metropolitan Atlanta Rapid Transit Authority .
Act-of.1965 (Ga. Laws 1965, p. 2248, Appendix p. 33) ,
showsthat the referenda referred to were conducted pur-
. suant to’Section 6 (b) of the Act. However, it should be .
noted that the cited provision of the Metropolitan At-
lanta Rapid Transit Authority Act -has been ‘repealed
by action of the General Assembly of Georgia. See Act
‘No. 403 (Senate :Bill..171, 1966 Session of the General _
Assembly, approved by the Governor of Georgia on
March 4, 1966). (See Appendix to Response;p. 30) .
Since theré is no further need for the referendum and
the provisions of: law authorizing it have been repealed,
- any issues os to the referendum el tion are now
moot.
~It should be minal that all “i the other sali the
petition are concerned with the effect and the validity
of the referendum eléction. Prayer (c) is that: “This
Court issue a declaratory judgment and, decree to the
%
\
\
- 20
effect that the election held on June .16, 1965, is illegal
-yab Initio, void and of no dues and effet.” (R. 73)
_ Prayer (d) is: “That a. temporary restraining and en-
cdma
the referendum referred to in the-allegations herein,..
until further order of court,” (R. 73) ;
| went (e) is: “That this Court pega: enjoin
—
SY
es
the said election_pursuant thereto, as being contrary to
law, contrary to the Constitution of Georgia, and the
Constitution of the United States, in all the particulars .
; alleged i in this petition.” (R. 73) | :
camara: careful examination 98 Act.No. 403, 4966 Session
~~
~~.
>
dum elections, which were.attacked in the original suit.
The General Assembly of Georgia has confirmed partici-
pation in the Metropolitan es, Se Rapid Transit
Authority “by the counties of Fulton, DeKalb, Clayton,
Gwinnétt and the City of Atlanta,”.and the nonpartici-
pation in the Authority by Cobb County. Hence, the ~-—
issue presented bythe original petition has been re-
moved from the Georgia courts,/and from this —,
by reason. of action of the Georgia General Assembly:-——______
It also should be noted that the Metropolitan Atlanta
Rapid Trarisit Authority created by Section 4 of the
Act (Ga. L. 1965, p. 2246, Appendix, p. 33) is not a
party to the instant action, and has never heen. The
Interim Study Comajiesion of the wr Atlanta
c &
he tion.
Ree,
_ fof the
¥
-- 21
. Rapid Thansit Authority. intervened in the trial court.
However, it ceased to exist by operation of law on Jan-
uary 3, 1966, prior to she ling of the. petition for®writ .
of certiorari in this ,
It also should be noted that the only eitias imposed _.<
upon three of the defendants in this case, to-wit: the
Ordinaries of Fulton, | DeKalb and Gwinnett Counties,
the Hon. Eugene Gunby, the Hon. Katherine Mana,
and the Hon. Alton W. Tucker, were to conduct the
referendgaelections referred to. Since the necessity for
these referenda has been eliminated by legislative action,
‘these respondents have no } Sanapes interest in the litige-
— The duties’ it imposed upon-the- other respondents, to-
wit: of Dekalb Con of Fylton County, the Commis-
sioners ef DeKalb County, and the Mayor and Members
td of Aldermen of the City of Atlanta, aré
the appointment of members to the Metropolitan Rapid -
Transit Authority. These appointments ‘have already .
n-made, as shown by certifications from each of the
| ) governing authorities involved, attached as an appendix
- to this response (Appendix, pp. 24-29) .
&
’
Hence, it is clear that no relief can be granted in
this action as to anytof the respondents herein. For these
age a reasons, all of the issues presented by the original peti-
tion are now: meot, and, accordingly, the petition for
writ of certiorari should be denied.
mia ; 6
4)
?
22 |
- _/ CONCLUSION
For the reasons stated above, it is respectfully sub-
‘mitted that the petition for writ of certiorari should be
denied.
y fs n TYE ae
: Ps Fulton Federal Building
a Atlanta, Georgia 30303 _
rs Attorney for Respondents
_ Of Gounsel: | Cas
HAROLD SHEATS
. 504 Gourt: House
Atlanta, Georgia 30303 |
Attorney for Respondents Gunby, .
Aldredge, McCart and Lindsey ;
ArTHurR K. Botton, Attorney General ; DA
Pau L. Hangs, Asst. Attorney General
° 182 Judicial Building
10 Capitol Square
Atlanta, Ga. 30334
Attorneys for Respondent Fortson
GEORGE P. DILLARD,
HERBERT O. EDWARDS,
~ Rospert E. Moziey
588 Church Street : un er
Decatur, Georgia q real ° |
Attorneys for Respondents: Msi PN, ae
Manning, Callaway, Haynes, Almand and Evans
Henry L. Bownen : is: . ‘ on .
JouN E.. DAUGHERTY ens te aes re
S National Bank Building.
‘Atlanta, Georgia 30303 : |
Attorneys for Respondents Allen and oo 0 _
the Members of the Board of Aldermen of:
»» the City of Atlanta _
23
For Parties of Interest Not ze to the Record:
W. STELL Hur =
Jack P.: ETHERIDGE |
882’ Fulton Federal Building
Atlanta, Georgia 30303
Attorneys for Metropolitan Atlanta Rapid Transit ,
Authority
’ Homer M. Stark
Hope D. STARK
Lawrenceville, Georgia
Attorneys for Respondent Tucker
- PROOF OF SERVICE
I, JOHN TYE FERGUSON, Attorney for the Re-
spondents i in the foregoing petition for Writ of Certiorari,
and a member of the Bar of the Supreme
United States, hereby certify that on the
of March,.1966, I served a copy of the fo
Opposition upon the petitioners herein
g Brief In
follows: |
By mailing a copy thereof in a duly addressed/ en-
:velope, with first class ‘postage prepaid to their —
of Record as follows:
G. Seals ‘Aikesi’ :
Suite 1409-10 Candler Building
. Atlanta, Georgia 30303
6
| Joun Tye FexGuson ©
ee j : pan for Responden
es, ae 927 Fulton Federal Building
sige Cae _ Atlanta, c— 30303
_ Oo 5 mir } ie ;
GO 9g ’ ~
24
APPENDIX ;
Minutes of Board of Aldermen of City of Atlanta,
July 6,1965, appointing members to the Board of
of Directors of the Metropolitan Atlanta Rapid
Transity Authority:
3
OFFICE OF THE MAYOR
7 July 1, 1965 .
Ivan Allen, Jr.
r. J. J. ‘Little = +, ja
a of the Board of Riletien
City of Atlanta, Georgia
Dear Mr. Little:
In accordance with Section 6 ‘of Senate Bill 102 en-
acted by the Georgia Legislature at its 1965, Session and
pertaining to the Metropolitan. Atlanta Rapid Transit
Authority, I ‘am hereby nominating the following as
members of the Board of Directors of The Metropolitan
Atlanta Rapid Transit Authority: :
Mr. Richard H. Rich—for a term of-four years com-
mencing January 1, 1966.
Mr. Mills Lane—for a term of three years commencing |
January-1, 1966. 2
Mr. L. D.-Milton—for a term of two years Gommencing.
January 1,}966. «9 © /::
Mr. Rawson Haverty—for a term of one year com-,
mencing January 1, 1966.
It is requested that ihe taithiniations be kihiadtind to
the Board. of Aldermen for election at its te on
. July 6th. =
"Very truly yours
ls” Ivan Allen Jr.
25
MAYOR ALLEN then recognized Alderman Knight
who seconded the nominations of the above for nom-
inees to the Board of Directors of the Metropolitan
Rapid Transit Authority. These four members. were
then elected for the above stated terms of office by the
following roll. call vote of the Board of Aldermen:
YEA: Aldermen Dennis, Griggs, Gilliam, Flanigen,
Knight, Vickers, Wood, Leftwich, White, Ffeeman, Tur-
_ ner, Farris, Summers, Cook, Fowikes. (15y. NAY: none
(0).
STATE OF GEORGIA }
COUNTY OF FULTON i, A
I, J. P. Green, do hereby ‘certify that I am the duly
appointed Deputy Clerk of the Board of Aldermen, City
of Atlanta, Georgia and as such am in charge of keeping
the minutes and records for said Body; that the attached
‘sheet is a true and correct copy of a portion of page 278
_of Minute Book No. 10 of the Minutes of the Board of
Aldermen meeting held on July 6,:1965 in the City of
Atlanta, Georgia. Lines 17 through 28 is a copy of the
Mayor’s letter nominating Richard H. Rich, Mills Lane,
L. D. Milton and Rawson Haverty to the. ard of Di-
vectors of THE METROPOLITAN A NTA
RAPID TRANSIT AUTHORITY. Lines 29 through
‘ $1 explains the second of this nomination and the sub-
sequent election of the Board of Directors. .
The attached and foregoing is the same as shown on
- the original record, of record and on file in my said office..
GIVEN under my hand and seal of office on this the
10th day of November, 1965. be MiGs
J. P. Green
Deputy Clerk of the Board of Aldermen
rie
26°
_ Minutes of the Board of Commissioners of DeKalb
County, July 6, 1965, appointing members to the
Board of Directors of the Metropolitan Atlanta
Rapid Transit Authority. ~ «
The Commission discussed “the appointments of the
Interim Study Rapid Transit Committee me from
DeKalb County and agreed at this time that these ap-
_pointments be made permanent members of the Board
, of Authority for Rapid Transit. Pz
A thotion was then made by Commissioner Haynes,
seconded by Commissioner Evans and unanimously
passed to®{pprove the appointment of Doctor Sanford
Atwood and Mr. Roy A. Blount, who were appointed _
by the Commission on May 17, 1965 as members of the
Interim Study Committee of Rapid Transit, as perma-
nent members of the Board of Metropolitan_ Atlanta
Rapid Transit Authority.
I, the undersigned, Glenn C. Blaisdell, Clerk of the
Board of Commissioners of Roads and Revenues, De-
Kalb County, Georgia,,DO HEREBY CERTIFY that
_ the foregoing is a true and correct copy of a Resolution
adopted by said Board in meeting lawfully attended) on
6th day of July, 1965. And game appears in, Minutes « of
said Board this 10th day of November, 1965.
GLENN C. BLAISDELL ;
. Clerk, Board of Commissioners
of Roads & Revenues,
DeKalb County, Ga.
Ps
"sie
Caw in
27
Minutes of the Board of Commissioners of Roads
and Revenues of Fulton Coyttty, Georgia, Decem-
ber 15, 19 pointing members to the Board
of Directors of the Metropolitan Atlapte reas
“Transit Authority.
A RESOLUTION
A RESOLUTION ‘APPOINTING MEMBERS. TO
THE BOARD QF DIRECTORS OF THE METRO-
POLITAN ATLANTA RAPID TRANSIT AU-
THORITY. | 5
WHEREAS, the 1965
bly of Georgia did pass an Act approved March 10, 1965,
\ _and known as the “Metropolitan Atlanta Rapid Transit
, Authority Act of 1965,” .(Ga. Laws 1965, p. 2243) ; and
, under the provisions of Section 6 of said
“ ‘Act, the Boa “of Directors of the Authority is composed
of Fulton County) to be appointed by the local govern- -
‘NOW, THEREFO
BOARD OF COMMISSIONERS OF ROADS —
ILLIAM A. PULVER is. hereby constant
member of the Board of Ditectors of the Metropolitan .” |
Atlanta: Rapid Transit. Authority, for a term of office
commencing —T: 1966, and ‘expiring December —
31, 1966.
on of the — Assem-
:, BEIT RESOLVED BY THE
uary 1, 1966, and expiring ecember $1, 1968... °
Authority. ae J
/
| 28 |
3.: The Clerk of this Commission is hereby authorized
_ and directed to furnish a copy of this Resolution to
M. CG. ’ Bishop, William A. Pulver, and the Interim Study
Committee of the Metropolitan: nme Rapid Transit
Authority.
I, Frank R. Fling, do hereby certify that the above
and foregoing resolution was unanimously adopted by
the Board of Commissioners of Roads and Revenues in a
special meeting held December 15, 1965, same being
recorded in Minute Book Q-3.
This the 28th - of December, 1965.
FRANK R. F ino, Clerk.
ris
Minutes of Commissioners of Roads and Revenues
of Gwinnett County, June 25, 1965, appointing
- members to the Board of Directors of the Metro-
_ politan Atlanta Rapid. Transit Aueeny).
A RESOLUTION.
Office of the Board of County Commissioners
GWINNETT COUNTY, GEORGIA
"WHEREAS, the General Assembly « of Georgia did, at
its 1965 Session, adopt legislation known as Senate Bill
‘No. 102, cited as the Metropolitan rae Rapid Transit
— Act of 1965; and
WHEREAS, upon proper Resolution and legal adver-
tisement Special ‘Referendum was héld in Gwinnett’
County on June 16th, 1965, and majority of those voting
in said Referendum’ voted i in favor of participating in the
/7
Now, THEREFORE, BE IT RESOLVED that the
- Page 129. :
° ‘This the Ist t day o a , 1965.
, 29 \ eee | 4 \
Commissioners of Roads: and . Revenues of Gwinnett
County shall appoint Kenneth A. McMillon to the Board
of the.Metropolitan Atlanta Rapid Transit Authority to
represent Gwinnett County. During the remainder) of
the year 1965 Mr. McMillon will serve on the Interim
‘Study Commission of the Metropolitan Atlanta Rapid
Transit Authority and on January 3, 1966 he will begin
‘serving on the Metropolitan Atlanta Rapid Transit Au-
thority and will continue to serve for a period of two
(2) -years.:
This the 25th day of June, 1965.
COMMISSIONERS OF ROADS
AND REVENUES \
~-W.-Ray Morean, Chairman
W. R. Prurtt, Vice-Chairman
_ O. F. THompson, —
| Clerk and Member
ATTEST:. rl\ fp
. OF. Tromso, Clerk
4: OE eT OMPSON, do: reer sgesify that | the
attached and foregoing resolution of June 25, 1965 was
unanimously adppted by the Board of Commissioners of
Roads and Revenues i in a Special Meeting held on June
25, 1965, same bene recorded in Minute ne he
O. F. THompson, ‘Clerk. .;
7?
| Act 403 (SB 171), 1966 Sails of the General Ai:
sembly of on Approves Mork 4, 1966.
\AN ACT ~
To amend the Metropolitan Atlanta Rapid Transit
Authority : Act. of 1965 (Ga. Laws 1965, p. 2243) by
repealing certain provisions therein with respect to. the
Interim Study Commission and the holding of referenda
as a prerequisite for further participation in the Author-
ity by the local governing bodies of the local. govern-
ments within the metropolitan. area; by making provision
for the further participation in the Authority by any -
_ local governing body which may have declined member- _
ship and participation °in the Authority;. to repeal con-
flicting laws; and for other purposes. |
IT ENACTED BY THE GENERAL ASSEMBLY
EORGIA: \ |
ONY Section 2 (b) and Section 5 of the Metro: |
. politan Atlanta Rapid Transit Authority Act of 1965
(Ga. Laws 1965, p. 2243), relating to the Interim Study’ «
Commission, are hereby repealed. In repealing these
provisions, it is the intent ofthe General Assembly to
recognize that the Interim Study Commission has served
the: transitional purpose for which it was created, and.
that it has now been ‘succeeded by the Board of Directors
as contemplated by Section 5 (d) and 6(c).
Section 2. Section 6(b) and 6(c) of the.Metropoli-
_ tan Atlgnta Rapid Transit Authority Act of 1965, relat-
ing-to referenda as a prerequ nae for ~~ participa-
tion in the Authority by the 1
local governments within the metropolitan area, are
hereby repealed. In repealing these provisions, it is the
x ‘. : &
*, = Neg Wa
| eae: _ ae /
a
x
governing bodies of the: ©
31
intent of the General Assembly to recognize that the ref-
erenda held pursuant thereto served the purpose orig-
_ inally contemplated and to confirm participation in the
Authority by the Counties: of Fulton, DeKalb, Clayton °
and Gwinnett and the City of Atlanta, the nonpartici
tion in the Authority by Cobb County, and the at
cedures by which this participation and nonpartici
‘tion have been-effected.
Section 3. A new Section 6 (b) is hereby « enacted to
read as follows:
“Section 6 (by. Any local. government may ini-
tially decline. membership on the Board and further
participation i in the Authority. Where any local gov-
ernment haSnitially declined membership on the
Board and. further participation in the’ Authority,
it may at any time thereafter reclaim its member- ~~
; as on the Board and participate further in the
Authority by a request from the local governing
body thereof ‘to the Board for that purpose. Before:
making such a request, such local governing body
shall submit to the qualified voters thereof in a ref:
erendum, to be prescribed by local. Act, the-ques-~
tion of whether it should participate further. in the
Authori or hot. If it appears that a majority of
“those -voti g in such referendum vote in favor of
further participation in the Authority, and if it
_ appears that no financial advantage over other: ‘ par-
ticipating local goyernments has accrued or will
accrue to it by having previously declined partici-
pation; the Board shall approve such request..There-
, upon such local vernment ‘shall_be_a participant —
$2 io
shall, insofar as possible, be the same as if it had
‘participated in the Authority from its beginning.” ~
_ In enacting this provision it is the intent of the Gen- -
eral Assembly to recognize that Cobb. County has de-
clined membership on the Board of Directors and further
participation in the Authority, and its purpose is to pro-
vide a procedure whereby Cobb County may, on a basis
~~-=..,that is fair to all participating local‘governments and to.
Cobb Coiiity; assume ‘the Participation originally-con-__
a
templated. :
Section 4. All laws and-parts of laws in conflict with
this Act are hereby repealed. ie
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METROPOLITAN ATLANTA _
RAPID TRANSIT AUTHORITY
o Steet
: f ACT NO. 78 (S.B. NO. 102)
. ae :
"1965.
.., SESSION
OF THE ~
_ GENERAL ASSEMBLY.
An het to create the Matisigictitan Atlanta Rapid Transit
Authority; to provide for a short title; to provide for
definitions ; to provide for legislative findings and declara-
tion of policy ; to provide for creation and: organization; to
‘provide for an interim study commission ; to provide for
a board of directors; to provide for purposes; ‘to provide
for general powers; to provide for fares, rates, rentals:
~ and charges ; to provide for revenue bonds; to provide for
equipment trust certificates; to provide for the power of:
éminent,-domain; to provide for zemoval and reldcation
of utility structures, etc.;’to provide for competitive: bid-
ding on contracts, etc. ; to ‘frovide for conflict of interests ;
to provide for financial accounts, audits and reports; to
- provide for budgets and budgeting procedures ; to provide
. . for-an engineering survey; to:provide for insurance on
, leased property; to provide for rules and regulations; to
provide for bargaining; to provide for the printing and.
distribution of reports and documents; to provide for tax
and regulatory exemptions; to provide’ for tort liability
t
and insurance; to provide that the Authority shall have ~ °
no power to impose any tax; to provide for local govern-
_ ment participation ; to provide for other matters relative :
‘to the foregoirlg and relative to the general purpose of ©
‘this Act; to provide for severability ; to repeal rere
laws; and for other hereon
Be wl enacted by the ‘ened Assembly of Ginesla:
Section 1. Short ‘Title: This Act shall be known, and
may be cited, as the “Metropolitan Atlanta. Rapid. Transit
Authority Act of 1965.”
‘Section 2. Definitions. The follgwing % words and terms —
shall’ have the meaning indicated unless the context: shall
clearly indicate a different meaning:
(a) Authority. The Metropolitan Atlanta Rapid Transit
sUanethy created by section 4..
pote 2 oO
y °
_(b) Interim. Study Commission. The ny Sa a govern’
ing ae of the Authority as. provided in section ‘5.
3°
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at f
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‘
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‘
‘
(c) Board. The Board of Directors and governing body
4 “ ‘
of the Authority as provided in section 6. . O
(d) Metropolitan Area. The territory comprising. the
-counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett,
including the:City of Atlanta, put excluding the territory
of any local goverrfment which may decline membership on’
the Board as hereinafter provided.
(e) Local Government. Any one of the counties of Fulton, -
DeKalb, Cobb, Clayton, or Gwinnett, or the City of Atlanta,
which is.a part of the metropolitan area, L, a political sub-
division of this State
". (£) Local Governing Body. The — of county commis:
sioners, the mayor and board of aldermen, or similar official
governing body of the local governments within the metro-
politan area.’
(g) Tra portation System. All property, real or per-
sonal, useful for the public transportation of passengers for
hire, including but not limited Kc power plants, substations,
_ terminals, garages, bridges ‘Aunnels, subways, elevated rails,
aerial structures, monorails, rail motive power, trains, rail-
road passenger cars and equipment, belt conveyors, inclines,
carbarns, street cars, buses, rails, lines, poles, wires, stations,
concessions, off-street parking and other facilities for the
comfort, safety and convenience of transit passengers, rights
and licenses theréfor, and rights to provide group and party
services. _ /
_ (h) Mey Project. Any unit, structure, facility
or undertaking in any combination which may be a compon-
ent part of a transportation system. , \
~r
A. - (i) Rapid Transit System and Project. ’A t ansportation .
system the primary function of which is to provide a mass
transportation service principally by the use of high speed
vehicles traveling on rights-of-way fully protected from
other vehicular and pedestrian traffic, a secondary function
of which is to provide a feeder-type mass transportation
service therefor, and an incidental function of which is to
-
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provide facilities netdssary thereto and other facilities for
the comfort, safety And convenience of its passengers. A
rapid transit project is-any transportation project. which
' may contribute to the development bal operation of:a rapid
transit System. ‘ .
(j): Cost of a Rapid Transit System or Project. Accord-
ing to accepted principles of accounting, the total cost, paid ;
or incurred, to. study, plan; design, finance, acquire, con-
struct or othefwise develop the component parts of a rapid ~«
transit system or project to a normal operating or revenue
producing conditions, including. the capitalization of ex-
penses, direct and: indirect, paid « or incurred, in connection
therewith. ,
(k) Federal Government. The United. States of ie hanentea, :
or ‘any department, agency or instramentality thereof.
Section 3. ive Findings and Declaration of Poli- |
cy. ‘The territory ‘comprising ‘the counties of Fulton, De-
Kalb, Cobb, Clayton, ‘and Gwinnett, including the City of
‘Atlanta, has ‘developed, and continues to develop, phenom-
enally into a metropolitan area with a common interest in
the cultural, social and economic Well-being of the people
therein and the development of the educational, commercial
_\ and industrial resources thereof. ‘There exists in this metro-
‘ politan area serious traffic conditions and congestions and
serious mass transportation problems which impede, and
will increasing e, the development of these common
interests toward their fullest potential. Concerted govern-
mental action is needed to alleviate such traffic conditions ?
and corigéstion, supply deficiencies in mass transportation,
coordinate and balance the transportation facilities oper-
ating therein, and otherwise provide /d sounder. basis for 7
the development of traffic patterns and control..The de- ———/-
velopment of a rapid transit. system through a joint instru-
mentality of the local governments within the metropolitan
' area is a. reasonable approach to the aforesaid needs and
problems. The cultural, and economic well-being of
the people in the metrop¢litan’ area and the development
of the educatiorial, commercial, and industrial _resourtes
thereof are matters of public interest and concern —
5 , | / }
a7 x i
\ rae P-
out the State. Accordingly, itis the public policy of this
State, as a matter of public health, safety, convenience and
welfare, to promote the establishment of such.a joint_in-
strumentality, ‘encourage participation theréff by the local -
purposes and bring about solutions for the aforesaid needs
and problems. PN ¥ | a hie !
Section 4, Creation and Organization, There is hereby .
created .a:public body corporate to be known: as the Metro-
politan Atlanta Rapid—Transit Authority as'a joint: public
instrumentality of théCity of Atlanta and the counties of
Fulton, DeKalb, Cobb, Clayton and Gwinnett for the pur-,
, poses erer — | | Sw
- Section 5. parr Shidy Commission... 1 i
(a) _There-is hereby éveated the Interim. ‘tune Commis-
sion of the Metropolitan/Atlgnta Rapid TYansit Authority
Y which shall be the gov body of the Authority until the
activation of the | of. Directors of the Aut ority as
Se eee
vesudinitn of the City of Atlanta to be nominated by the
Mayor and elected by the Board of Aldermen; two members
shall be residents) of DeKalb. County: tobe appointed. by
the local governing body thereof; two’ members shall be
residents of Fulton County to be appointed. ‘by the local
governing body thereof; one member shall:be a resident of
Cobb County to be appointed by the local governing body —
- thereof; one member shall be a resident of Clayton County ~
. to be appointed by the local governing body theneof ; and one
' member shall be a resident of Gwinnett Soouly t to be ap-
pointed by the local governing body thereof. Each member
shall serve from the time of his appointment until the ex-
piration of the Interim Study Commission as hereinafter » te.
provider. : 4 vay
(b) For the purposes set forth in section 1, *the Interim
' Study Commission may exércise the powers of the Authority .
prescribed in section 8 (e), 8 (f) and 8 (k), -the power to
perform, any duty imposed on the Board, ‘the power to
w
overnments involved, facilitate the accomplishment of its Py os gp
i
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appoint, “select and employ officers, agents, and employees,
including engineering,» architectural and. construction ex-
perts, fiscal agents and attorneys, which may Ke necessary
for the ex rise: of 1e\ aforesaid powers, and allow them
‘suitable com on, and the power to contract for, pur-
chase or ot ise acquire the services, supplies and equip-
ment which ay be necessary for the exercise of the afore-.
- gaid powers. The intent? is that ‘for the purposes o the
Authority, the Interim ‘Study Commission shall function as
governing body in 'the‘sa me way that the Board might
; funttion under this Act were. it duly activited except that-
the Interim Study Commission ‘shall be‘limited in the exer-
cise of the powets of the Authority to:those set forth above.
seief such powers, and as to the organization —
i members moh apply thereto ‘tod tent \ he :
necessary to -pleeg the Interim ‘Study Commis t hee.
same positign as the Board except that: the Interim Stidy “, °
‘Commission ‘shall be limited in the exercise of 1 the powers
of the ee to those. as forth above.
(c) The local” gove body ‘of ask local “government
in the metropolitan. is authorized to: make such appro-
priation of public funds to the Authority to defray the *
expenses incurred by the Interim Study Commission as it”
may deem appropriate. The authori herein. granted shall
be subject to and limited by any local act’ heretofore or
hereafter enacted more particularly applicable to the local
go i 25 body of any local aeons “e fa
- (&) When, the Board of Directors lof the Authority. is
Co sion shall by operation of laiw.‘cease to, exist ‘and
simultaneously therewith the Board of Directors shall be-
come the governing body of the Authori with the capacity
to exercise all powers granted ‘to the Authority under this .
t and there shall be no lapse in the continuity . of the |
g bara of the Authority or its affairs.
Section 6. Board df Directors.
oe
3
é
+ -——_——-
dul | activated as hereinafter provided, the in Anterim Study -
ey
(a): The Board of. Directors of the’ Authority ae be
composed of eleven members. Four niembers shall be-resi-
dents of the City of Atlanta to.be nominated by the Mayor
and elected by the Board of Aldermen ; two members shall _
be residents of DeKalb County to be appointed by the
- governing body thereof ; two members shall be residents of
Fulton County to be appointed by the local. governing body
. thereof ;.one member shall _be a resident..0f Cobb County
to. be- ‘appointed by the local. governing body thereof; one
member shall be: a resident. of Clayton County to. be ap-
pointed by the local governing’ body thereof; and one them-
ber shall -be a resident of Gwinnett County to be appointed
~ by the loca] governirig body thereof. Initially, one member «
appointed by the local governing body of the City/of Atlanta
and one member appointed by the local governing: body |
- of Fulton County shall be appointed for terms of one year;
one member appointed by the local governing body, of the.
City of Atlanta,-o ne member appointed by the local goyern-
ing body ‘of DeKalb County, and one member appointed
by the local governing: body of Gwinnett County shalj be -
appointed for terms of two years;-6ne, member . appointed
by, the locak governing body of the City. of Atlanta, one
_ inember appointed by the ‘lecal governing body of Fulton
County, and and One member appointed by the local. governing .
body of Clayton County Shall be appointed for terms of
‘/ th years; and one member appointed by the local ‘gov- .
erning body of the City of Atlarita, one member ‘appointed
~~by’-the local governing. body of: DeKalb County, and one
.member appointed by the local governing body of Cobb ~
' County shall be appointed for terms of four years; all initial |
terms shall be. deemed to have commenced.as of January 1,
~ ~.1966. After the>initial terms have expired, appointments
shall<be ‘for terms of four years except that a vacancy
caused otherwise than by expiration shall be filled forthe .
unexpired portion thereof. by the local governing body which
‘made the original appointment to the vacant position, or
its successor in office. A member of - Board may be
- appointed to succeed himself.
(b) Prior to making any appointment to the sisiatupeidide
‘ of the Board, each local governing body shall submit to the
qualified voters thereof in a ‘referendum the question
a, *
g
. pation in the Authority, ‘the , local governing body th
i
>
. whether it should participate further in the Authority or.
_ not. Such referendum shall be held. during the calens
year 1965, in accor with the procedures prestribed-
section :24 (g) insof. as ‘applicable. Ifa majority of t
voting in such ‘referendum. vote in favor of further ici
shall forthwith appoint its. members to the Board of the
Authority. If a majerity of those voting in such referen
dum vote against further participation in the =
the local governing body shall not participate further i
. the Authority and will be deemed to have declined member.
ship on the Board. In this event the definition of the metro-
/ politan ‘area in section 2 (d) shall be adjusted, the total
meimbership of the Board as prescribed in section 6 (a)
shall be reduced accordingly, no provision of this Act shall ¢
thereafter be applicable to such L, local governing \ body, its >
local government or the territory thereof, and this Act shall
‘thereafter be read as if every reference to the name thereot
fae had been deleted.
>
(c) Appointments to. the Board shall be made by the local
governing bodies in the metropolitan area prior to January
1, 1966. On January 3, 1966, persons duly appointed as
members of the Board shall meet at the State Capitol in a
joint meeting with the Interim Study Commission. The In-
terim Study Commission shall first meet and verify .the
appointive credentials of each person who presents himself
as a member of the Board. The Chairman of the Interim
Study Commission shall then act as- temporary Chairman
of the Board, call to order the first meeting of the Board,
declare the Board as duly’ constituted and activated and
preside over the election by the Board of its first Chairman.
Thereupon the Interim Study Commission shall stand dis-
solved and the transfer of the government of the Authority
- shall nape geaerat pass to the Board as enemapaies 3 in.
Section 5 (d). : o
Aa. No person “shall be appointed:as a member of the
" Board who holds. any other public office or public employ- -
ment except an office in the reserves of the armed forces
of the United States or the National Guard; any member
— accepts or enters upon any other public office or public
e
ine
——emalarment shall be a Mioamalitie’ thereby to serve as a
BA cise |
z xe
-(e) A’ local governing body may remove any totais of
the Board appointed by it-for-cause. No member’ shall be
.__ thus removed-unless he has been ‘given a copy- ‘the charges: ae
‘against him and an opportunity to be publicly heard in his _
own defense in person or by counsel with at least ten days’
written notice. A member removed from office shall have
the right to a judicial review of. his removal by an appeal
to. the superior court of the county of the local governing
body which appointed him, but only on the ground of error
of law or abuse of discretion. In case of abandonment ‘of
his office, conviction of a crime involving moral turpitude
Gor a plea of nolo contendere thereto, removal from office,
or disqualification under subsection (d) hereof, the office
of a member shall be vacant upon the declaration of the
Board. A-member shall be deemed to have abandoned his
office upon failure to attend any regular or special meeting
of the Board for a period of four months without excuse
approved by a resolution of the Board, or upon removal of
his residence from the territory of the local governing meet
which appointed him. ~
(f) Each member of the Board shall be paid by the.
Authority the sum of fifty dollars for each official meeting
of the Board he attends, but he shall not be paid more than
five hundred dollars for meetings attended in any one calen- :
dar month. A member of the Board shall’ also be re-
imbursed for actual ‘expenses incurred by him in the per-
formance of his duties as authorized by the Board. A Board
member shall not be allowed. employee benefits authorized
under, Section 8 (b).
_(g) The Board shall elect one of -its ‘ites as sade.
man and another as vice-chairman for terms. to expire on
December SL of each year to preside at meetings and per-
form such other duties as the Board may prescribe. The
presiding offiter of the Board may continue to vote as any
other member, notwithstanding ‘his duties as _ presiding
officer, if he so desires. oo dias
10
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(h) The Board shall hold. at least one meeting each.
month. The Secretary ofthe Board shall give written
notice to each member of the Board at least two days prior |
to: any called meeting that-may be scheduled, and said.
Secretary shall be informed of the call of such smeeting
sufficiently in advance so as to provide for his giving notice
as above. One more than a majority of the total member-
ship of the Board, as it may exist at the time,. shall con- .
stitute a quorum. A majority of the quorum present at a
meeting may exercise all ee ee and perform “all the
duties of the. Board, ex as otherwise: hereinafter pro-
~ vided or as limited by its biaad and no vacancy on the
original membership of the- ; or thereafter, shall im-
pair the power of the Board to act.—All. meetings of the
3 - Board, its Executive Committee, or any committee appointed
* by the Board, at which any official business i transacted,
shall be open to the public, and the minutes th f, and:
the documents and reports made a part of such minutes ;
or referred to therein, shall be public records and open to <<
public inspection in accordance with reasonable rules and
regulations prescribed by the Board. The Board shall furn-
ish certified’ copies of such public records upon ‘written .
request and-upon payment of a reasonable charge therefor.
(i) Notwithstanding any other provisions.of this Act, -
the following actions by the Board shall require the affirm-.”
ative vote of one more than a majority.of the fotal mem-
bership of the Board as it may exist at the time: 7 4
(1) The issuance and sale of revenue bonds as ch
plated in section 1 or NR trust contificates as con-
templated i in section 11.7... etiGa Jae
og
(2) The purc ase or leake of any privately owned system ,
of transportation of - ‘passengers for hire im its entirety, *
or any substantial part thereof, as contemplated in section te
8 (c) or 8 (d - Any such purchase or lease shall be made
only upon a. owing ‘that the acquisition of said public or —
private system of transportation i is ‘essential to the develop-
ment of a of rapid transit for the metropolitan areas.
(8) The! award of any ‘contract for construction, altéra- «
tions, supplies, equipment, repairs, maintenance or services
11
services, or for the purchase, sale
or lease of any property woving. $5,000 or more.’
(4)°The grant a ee concessi
a on 14 (f). fi & : cee
| (5) The award of any pol i for the management
of any Authority-owned property or fi ili
es section 14 (h).
.(j) The Board, shall appoint and em Joy; as” ey a
/ general manager, a secretary, a treasurer, and a general
i counsel, none of whom may be members of: ‘the Board/or a
, relative of a member of the Board; and delegate toy them .
such authority as it may deem appropriate. It may make
‘ such by-laws or rules and regulations as it may deem ap-
/ propriate for its own government, not inconsistent with this
, * \- Act, including the establishment of an Executive Commit-
tee to exercise such authority as its by-laws may prescribe.
mi) The treasurer of the Authority and such’ other offi-
-cers-and employees of the Authority and such members of
—— the Board as the Board may determine shall execute cor-
y porate surety .bonds, conditioned “dpon the faithful per-
/ formance of their ‘respective duties. A blanket form of
surety bond may be used for this purpose. Neither the obli-
‘gation of the principal or the surety shall extend to any
loss ‘sustained by the insolvency, failure or closing of any
depository. which has been approved as a a depository for
pale funds.
‘SiWedtiens 2 thempeaen:
The Authority shall exist for purposes of planning, de-
signing, leasing (as lessee), purchasing, acquiring, holding,
owning, constructing, improving, equipping, financing,
maintaining and administering a rapid transit system within
. the metropolitan area, and operating same, or/ contracting
therefor, or leasing (as lessor) same for operation by private
parties: afi"
\ | Section 8. bo powers. | hae:
\: The Authority shall have all powers necessary or‘ con-
venient to accomplish the aforesaid purposes including, by
»
} : hg nN ay .
’ C4 oo , ~
« P fa) ‘ , _
» ¢
:
/ ; : “\ 4)
way of illustration and not specification, the following:
(a) Thecpowers, privileges and sassunibies authorized
by law for private corporations and for instrumentalities
of government. The Authority may sue or be sued in its
- corporate name but no execution shall be levied on any
property of the Authority prior to ninety ( days from
the date of a final judgment against the Au ority. The
Board may adopt and use a common seal for the Aathority
and change it at its inesure.,
}
—$—
a —
of to t, select d_ employ officers,
e power appoin an
8s nts and employees, including_engineéring, architectural
construction experts, fiscal agents and attorneys, allow
Guan suitable compensation and make provisions for group
insurance, ‘retirement or other employee benefit arrange- y
ments. al
(c) The power to acquire, lease (as nue purchase,
— hold, own and use any franchise, property, real or personal,
- tangible or intangibley or, any interest therein, and to sell,
lease (as lessor), er, or dispose thereof whenever
same is no longer required for purposes of the Authority,
or exchange same for other property or r rights which are
useful for.its purposes.
c
(d) The power to acquire by gift, purchase, lease (as
lessee), & otherwise, or to construct, improve, maintain,
repair, operate or administer.any component parts of a
rapid transit system, together as a system, or singly, or a
groupings, as rapid transit projects, or,to contract for the - .
maintenance, operation or administration thereof or to lease
(as lessor) same for maintenance, onention or administra-
tion by private parties.
(e) The power~to_develop data, plans and stanton ;
on develop and carry out mass transportation demonstra-
tion projects, including the development, testing and dem-
onstration of new facilities, equipment, techniques and
methods, and the improvement and utilization of transpor-
tation services and facilities, and jany other means eae
veloping, utilizing or aiiceted | mass Arana $e sha
13
- |
DL RS LN CREO ROS LIE LET LINE AOI TEN NIE ©
- ; - 7
“4 * tad,
=
urban areas. Also, in other respects, the. powét to conduct
engineering, financial and economic studies}: to make plans,
designs and tests related to rapid transit p jects, In ‘con-
nection therewith the Authority may enter in a reasonable
manner upon any lands, waters or premises for the purpose:
of making reasonable tint soundings, drillings and -ex-
aminations and such en not be deemed a trespass >
except that the Authority sh be liable for any actual
and consequential damages resulting from such entries... In
the event the Authority refuses to pay such damages within
sixty days after written demand has been made by- the
person entitled to such damages and a finding has" been
made that such refusal was in bad faith, the Authority-shall.
be liable to pay, in addition to the actual and consequential
damages, all reasonble a ys fees for the” ution
of the case against; “Authority. The amount of such
reasonable attorneys fées,shall be determined by the trial
jury and shall be‘ included in any judgment which has been
rendered in su action; provided, however, such attorneys
fees shall be fixed on the basis of: competent, expert. evi-
dence as to the asonable value of such services, based on
the time spent -legal-and factual issues involved, in ac-
cordance with pi revailing fees in the’ locality “where such,
suit is pending, apd provided further that the trial court |
shall have the discretion, if its finds such jury verdict fix-
ing attorneys fees to be greatly excessive or inadequate, to
review and amend such portion of the verdict fixing at-
torneys fees t the necessity ‘of disapproving the en-
tire verdict. The’ limitations contained in this section in»
reference to the amount of attorneys fees are not control-
ling as to fees which may be agreed upon by the plaintiff
. and his attorney for the services for such attorney in the
action against the Authority. pitt 7
(f) The power to oimnie, participate ‘and coordinate
with the Federal Government, or the State-of Georgia, or.
__ amy agency or instrumentality thereof, or any municipal or \
‘county governing body. within the: metropolitan area or any
agency, instrumentality thereof, or the Atlanta Regional
Metropolitan Plannin Commission (1960 Ga. L. p. 3102,
as amended), or any similar joint agency, in the ‘execution
of any studies, plans or Drojerts a sate for the coordi- |
14
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eres = ie baad POPOL Libebdict iat Gs chctibianusiaain abr Vamitow 5h vez EBM VET LEAN LONE ATLL IOP ION zener p han hee eae ey: a
er SS PEN RN te A I Ae 5 te ees, SGN
6 oa : a
nation of its rapid transit system with other transportation
in the metropolitan area and with any comprehensive plan-
ning and mabicincraks of the. metropolitan areligy. aif p
JS (g) The power to acquire property, both: real and pert J
\ sonal, or rights of easement therein, or franchises necessary --
_-“~.. ~ or convenient for the purposes of the Authority, by eifts,
Re aa prrchese, lease (as lessee) ¢ or contract. | :
~(h) The power to. make and cxeeate all contracts and
other instruments necessary or convenient to’ the exercise
of the powers of the Authority, including the power to con-
tract for managerial and operating services. :
. ~~~ i) The power to enter into contracts with sf eis State of
“ Georgia, its agencies and instrumentalities, and, particular- iatens
-ly with the/local governments withimthe metropdlitan area, -
for public transportation services to be reridered by the
‘Authority or its rapid t it system, and for any other
Bort: ‘ee incidental to the eatablishmest. and maintenance
a its rapid transit system, or any part or eae! thereof,
and pe péual £ facilities related thereto.
come
(j) The power to ‘diiabonat with any public utility, fallroad 5
or transportation company for the joint, use of property. -
or rights, or for the establishment of Chrough routes, sin a
farge or transfer of passengers.
#e{
\w
Oe The power to apply for and accept grants or other .
’ assistance from the Federal Government, or from any source
whatever, to act as agent’ for the Federal Government, and.
to enter into contracts, loans,:leases or other transactions
with the Federal Government.
(). The power to. niet money from private lenders, ad a
or:from the Federal ( or to the extent otherwise
authorized-by- law, “from the State. or
government within the metropolitan area, in such-amounts —
as may be necessary for the purposes of the Authority and, ff
Z in connection therewith to issue negotiable notes, bonds, §
"™~ refunding bonds and. other evidences of indebtedness. or
obligations: of the, Authority, and to secure the. ent Se"
15:
Tha
thereof, or any ig ineead, er slédid of its revenues,
rentals, and receipts, ahd to make such agreements with
the purchasers or holders thereof, or with others in connec-
ple. But the Authotity shall have no pow.
'to pledge the property, credit or i
; power of any. local’ government, nor shall any of its o
tions be deemed to be obligatigné of any local soneeeaeaait
rs shall any local government be liable for the payment
principal or interest on such obligations.
(m) The : power to fix, alter, charge and ‘collect fares,
- rates, rentals’ and.’other eWarges for its facilities by zones
_* ‘er otherwise at reasonable rates to be determined exclusive-
‘ly by the Board, subject to judicial review. as hereinafter
2 acer i is Rae /
if The - power to make sitediniettes with the Federal .
A : Government, the State of Georgia, any agency, instrumen-
So. tality or political subdivision thereof, for payments to the
wis Authority in lieu of f for the transportation of person-
nel or other persons for whom ‘such department, agency,
. instrumentality or political subdivisions saaieee such trans-"’
hastrcne ;
' tain,. with resyect to the facilities and pro owned,
leased, operated or under the control of the Authority, and
within the territory thereof, a security force to protect
persons and property, dispense unlawful or dangerous as-
-semblages and assemblages which obstruct full and free
passage, control pedestrian and vehicular traffic, and other- .
wise preserve and protect the public peace, health and safety.
- For these purposes a member of such force shall be a peace
’ officer and,-as such, he shall have‘authority equivalent to
.* the authority of a policeman of-the city or Sept in. which
he is Alscharing his duties.
(p) The “Alithority shal} have no power to operate taxi-
cabs, or facilities designed exclusively for the transporta-
tion of property for hire, nor shall it engage-in other activi-.
e rane ira Sie clad ont game except to
ae 4} (0) “The a hem for, or to crovi e and main-
Gna
ee . /
develop a rapid transit system, provide concessions, off-:
street parking and other facilities for the comfort, safety .
and convenience of transit passengers, and. otherwise ac-
complish the purposes and poviciee: expressed and | contem-—
plated. in this Act. earn
en
est 2)
Section 2. Fares, Rates, entals and Charges.
(a) The Board shall fix such farés, indted, rentals and
charges in such amounts as ‘shall be sufficient in the ag-
gregate (when added to any other grants or funds available
to the Authority) to provide funds.for the payment of the
interest on and principal of all bonds, certificates and other
obligations payable from said venues and to meet all other
- encumbrances upon such revenues as provided. by.any agree-
ment executed by, the Authority in connection with the
issuance of bonds or certifigates under this Act, and for the
' payment.of all operating /costs and expenses which shall
EB incurred—by the Adthority, Saipan mes for’ ap-
ropriate reserves, 4 | ~~ © iLgiin nett in
¢ ‘shall include {venues from con-
it the metropolitan
to render for
ine by itself exclusively after
public hearings as h provided, the routes, types.
of construction, equipm » facilities, and the ‘scope and..
standards of service to’ ‘pevated by the Authority, the
' scheduled services to- be’ made available to the public, and
the amounts to be charged therefor.’ Before making any’
en re hee as to’ scheduled services or amounts 6. be
| (c) The Board shall de
erefor,. the Board shall first hold at. least one
oubl ng after” giving notice of the time and place
‘by “twice ‘advertising on different days in the ewspaper
having the largest circulation i in the metropolitan area not _
‘more than ten days nor less than five days prior to the
hearing. As to all other matters, th may hold such
public. hearings as it may deem appropriate, and as to all
public hearings, it may prescribe reasonable rules and regu-
lations to govern such hearings not inconsistent with this
Jf. | 1p. ~
y
| a
oA
/
9
(>
Act. “Any ela aggrieved by any determination of the
Board as to any charge or scheduled service, or any change
in any cHarge or scheduled ice, éxcept ch payable
under contracts between local governments and the Author-
ity as contemplated in Section 24, may challenge e by.
- @ petition in equity filed within 30 days of the determination '
complained of in any superior court of any county*of the .
metropolitan area in which the charge or scheduled hervice
may be applicable; provided, however, that the grou ef... \
such challenge shall be restficted to abuse of dis on
on the part of the Board or latk of authority under the
_ otherwise, all determinations by the Board ‘ghall be: ‘fal
on Whenever two or more legal actions’ are brought ag
the same determination of the Board in different superi r.
courts, exclusive jurisdiction thereof shall be vested in
first such court to docket’ such a \ petition. and all other .
petitions may be refiled in the pabetior ¢ourt’ ving such\
exclusive jurisdiction. ~ ,; \ /
{d) Prior to determining the basic Gites over which x
the .Authority shall operate its system and stations con- / \
nected therewith, the Board shall corisult with the local.’ \
governing body of the territory involved, and, additionally, _
shall hold at least one public hearing within the territory
of each local government within the metropolitan area/at =|
which the local governing body, or its a emerge, fand \
‘the public: may be heard. a \
(d) shall not be) delegated or exercised by any atlys person \ 3
(e) The function of the Board BS subsection &o and’
or body under §
any circumstances.
ae
‘Section 10.:: “Revenue Bonds. —— , ,
(a). Tn borrowing money, as authorized i in 1 section 8 (1),
the Board niay,/in a single issué, or in. -yarious issues from
time to time, i issue negotiable revenue bonds of the Author-
“ity for the purpose ‘of paying all or a part of the cost of
- a rapid transit project or projects. ree
2\
(b) Such bonds may be issued without any other pro-
ceeding, or the happening of any other conditions or events,
than those sigs orzn conditions, or events which are.re- ¢ '
———
,
efor = * ;
4 ‘ te me
eae GF ! 5 é :
we . S
} . . Cx . ie .
a a ¢
/ : . 7: OM. 4
“4 . : =)
“. F ‘ ‘ : .
o . :
a7 thig. Act. In the discretion of the Board, bonde. ,
a single i issue may be issued for the purpose of a particu-
“lar. rapid transit, project. ‘Any « resqlution authorizing the
issuance of bonds ‘under‘ the provisions of this. Act may be
Made cic immediately upon itscpassage and need nat
(be published sted, and any sueh resolution may be
/ passed at any regular or special: meeting: of the Board. ete
j ‘However, the by-laws: of the Board shall provide for advance
written notice to:members of the: Board’ of any proposed
resolution for the issuance of: ‘any bonds hereunder and for -
waivers thereof before action’ thereon. 3 i vf me }
(c) . The principal ‘of ‘and interest on aie bonds shall be
payable solely from the special, debt retirement fund here- *
. inafter established for ‘this | puEpode in ii gubsestion wae Reet:
of... _ hh f; ibe efiats fa °
(a) The ‘bonds of oicky i issue shall be dated, « shall: beak ~
interest ware: se ually at a rate not éxceeding six -
perce Jona, ind shall mature in.such amounts_and
at s ti the Board may deem appropriate but not a
exceeding pu years from the ate thereof. /The ‘bonds “
may be in coupon or registered form, or both, the Board”
_May determine, arid the Board may make provision for hee
registration of any coupon bond’ as to ‘priricipal alorte
_also as to both principal and intérest.._ , Pec
~
en 2S af
(8) The Board may prescribé, the form of the bonds and. ‘
any coupons’*which may be used ih éonjunction® ‘therewith;
it may determine the denominations of the bonds, the terms
-and conditions. of their redemption before maturity, the
medium of "payment both as to principal and interest and ~
the place of payment of principal and interest, which may
be at any bank~or trust company vithin or without the |
State. =" ee
(£) All such bonds shall bear the. ‘eclaak or. i
. signature of the chairman or- vice-chairmah of th Boardj. -.
attested by the secretary or treasurer thereof, and ae
official seal of the Authority. Any coupons attaclied ere- -
‘to’ shall bear the facsimile’ signature of -the secretaty_or |
.. treasurer of the Board. When bonds or coupons | bear the
: manual or facsimile signature of an. . officer, of the Authori-
ee eae vos
Pe)
0
eh
ty, such’ signature shall remain valid and. effective for its
original intent and purpose notwithstanding that prior to
delivery the signer thereof may have ceased to hold the °
< office indicated.
~ (@g) ‘Al bonds fesnea under the eN - of this Act
shall have and are hereby declared to have all the qualities
and incidénts of negotiable instruments under the laws of -
this. State. ‘Such bonds are hereby declared to be issued for
_ an essential public and governmental purpose, and said
- bonds and the interest thereon ‘shall be exempt Te b4
taxation within the State. 3
(h) All binds of ‘the Authority shall he sold by public -
competitive bidding at par plus accrued interest to the date
of delivery ; provided, however, the Authority may obligate
itself to deliver any given issue of bonds to the purchasers
. thereof. ‘within any reasonable period of time after the date
of sale. and maypay as a penalty for delay in such délivery
_ such reasonable sums as may ‘be agreed upon in advance
in writing with the purchaser or purchasers of such bonds. ;
All bonds of the Authority shall be-advertised. and. offered
/
prior to. the. fixing of the interest rates thereon, and. bids: ,
thereon shall be competitive as. to the interest rate offered
» by each bidder ; ‘provided, on @ny issue the Authority may
. make rules limiting the number of divisions’ into which the
iy bonds of various ‘maturity . ‘dates may be divided,: and the.
number: and percentage ‘Spreads of the ‘differént interest
rates which may. be\bid to apply such divisions of the bonds
and provided further, the Authority may require reasonable
security for the performance of the contract of purchase
~ of any successful bidder at any public competitive bidding |
held. ‘The advertising of bond issues of the Authority and
invitations to bid shall be as. customarily done in the han-_
dling of governmental bond issues and section 14(b) as to
' these matters shall not. necessarily apply. The Authority
may negotiate the sale of its bonds to > the Federal Govern-
* ment. -
@ The sls of such bonds shall be ain solely for
the payment of the cost of a rapid transit project or rapid
transit projects. If the proceeds of a bond issué are not
: : 7
20 ig ae
~
~~
sufficient to cover the cost thereof, unless otherwise pro-
vided in the resolution authorizing the issuance of the
bonds, or in any trust indenture pertaining thereto, addition-
al bonds may in like manner be issued to provide the amount
of the deficiency. Unless: otherwise provided in the resolu- '
tion authorizing the.issuance of the bonds, or in any trust
indenture pertaining thereto, such additional bonds shall be
» deemed to be’ of the same issue and to be paid from the
same fund, without preference or priority, as the bonds first
issued for the same purpose. If the proceeds of the bonds of
any issue shall exceed the amount required for the purpose
‘ for’ which such bonds were originally issued, the surplus
. shall be.paid inté such fund as may be provided in the reso-
lution authorizing the issuance of the bonds or in any trust
indenture pertaining thereto or at the specific direction of
the Board may be used for any other rapid transit project
or! projects. Bose
(j) Prior to the saibiiasition of definitive bende the Board
may issue interim receipts, interim certificates, or tem-
porary bonds exchangeable. for mace et bonds _ the
issuance wa the: latter.
r “) In the discretion of the Board any issue of such
-revenue bonds may. be secured by a trust indenture by and
_ between the Authority and a corporate trustee, which may
be any trust company or bank having the powers of a trust
company within or without the State. Such trust indenture
~_ may pledge or assign fares, fees, rentals, charges, revenues
and earnings. of the Authority, including the proceeds de- .
rived from the salé. of any.surplus property of the Authori- ~
ty. Either the resolution authorizing the issuance ofthe |
- -bonds or any: trust indenture pértaini thereto may con-
tain reasonable provisions for prot and enforcing the
' rights and remedies of the bondholders, including covenants
concermiirig: the duties of the Authority in relation to they,
- acquisition of property, the-construction of the project, the
maintenance, operation, repair and insurance of the proper-
(ty, and the eustody,, safeguarding and application of all
' monies, including the proceeds derived from .the sale of
property of the Authority,. hoth real and: personal, and may
also provide Cat any project shall be: e'construdted and of ete
> Se
A
ge i
a
eg
for undeg the supervision and approval of consulting engi-
neers or architects employed or designa by the Board
_and satisfactory to the original purchasers. of ” bonds
issued therefor, and may also require that
given by contractors and by any depository of the proceeds
of the bonds or revenues or other monies be satisfactory
to such purchasers, and may also contain provisions con-
cerning the conditions, if any, upon which additional revenue
bends may be issued. It shall be lawful for any bank or trust
company incorporated: under the laws of this State to act’
as such depository and to furnish such indemnifying bonds
or pledge such securities as may be required by the Board. .~
‘ Such indenture. may s t forth the rights and remedies of the
~- bondholders and | of ‘the trustee, and may restrict the indi-
spamees ’ vidual right: of! Gar of bondholders as is customary in
trust indentarea’ securing bonds and debentures of corpora-
tions.-In addition to the foregoing, such trust indenture
may contain such other provisions as the Board may deem >
reasonable proper for the security of the bondholders.
All expenses’ incurred in carrying out such trust indenture :
‘Thay ‘be treated as a part of the cost of maintenance, opera- o,
tion as of the project affected by such indenture.
he: sitet bediae ive eee
(1) e Board _/shall, in the resolution authorizing the .
issuance of bonds or in any trust indenture pertaining there- ©
to, provide for the payment of the proceeds of the sale of
the bonds to any bank or trust company which, shall act as
trustee of such funds and shall hold and apply the same
to the purposes hereof, subject to such regulations as this
Act and such resolution or-trust sie Bes : May provide.
/ Ay 23 See ee ee
7 (m) The fares, fees, rentals, charges, revenues, and - of
‘ings of the Authority, monies derived from the sale of any’
. surplus property of thd Authority, and gifts, grants, se
ii contributions from any rce whatever, unless otherwise
pledged and allocated, may ‘be pledged and allocated by the
Board to the payment of the principal of and interest on
: bonds of the Authority as the resolution authorizing the
issuance of bonds, or any trust instrument pertaining there-
to, may provide, and\such funds so pledged, from whatever.
source received, including funds received from one or more
or all sources, shall be set aside at regular intervals as may
22°
Te ee ee ee ee oe ee ——
ad
. »
~ & 6 ,
’
—
P 5: 3 ’ t
or
be provided in the resolution or trust indenture, into a special
debt retirement fund which shall be pledged to and charged
with: the ‘payaiints of (1) ‘the‘interest'on such bonds as
such interest shall fall due, (2) the principal of the -bonds as as
same shall fall due, (3) the necessary charges of paying \
agent or agents for paying principal and intesent, ‘amd (4). .
any premium upon bonds retired by call or purchase © |
hereinafter provided. The use and disposition of such special
debt retirement fund shall be subject: to such regulations as»
may be proyided in the resolution authorizing the issuance —_
of the bonds or in any trust indenture, pertaining thereto,
but, except as may otherwise be provided in’such resolution
or trust indenture, such fund shall be for the benefit of all
bonds without distinction or priority of one over another.
Subject to the provisions of the resolution. authorizing the
issuance of the bonds or in any trust romney surplus
monies in the special debt retirement fund may be applied
to the purchase oy'redemption of bonds and any such bonds -
so purchased or redeemed -shfall forthwith be cancelled’and — e
Shall not again be issued. — SHITE N
(n) ‘Any holder of bonds issued under the ‘provisions of /
this Act dr any of the coupons appertaining thereto, and the /
trustee under the trust indenture, if any, except-to the ex-_ Ve
tent the rights herein given may be restricted by resolu- 7
tion passed before the issuance of thfesends or by any trust /
indenture, may, either at law or in equity, by suit, action, f:
mandamus, or other proceedings, proté¢t and enforce any /:
and all rights under the laws of. the State of Georgia or’
granted hereunder or under such resolution or. trust indent.
_ ture, and may enforce and compel performance, of all du ies
_ Tequired by this Act or by such resolution or trust indenture,
to be performed by the Authority,. or any officer thereof,
including the fixing, charging and collecting of fares, fees,
rentals, revenues, and other charges for tlie use of the facili-~
tiés and services furnished’and, in the évent of a default of
the Authority upon the principal and interest obligations «
of any bond issue, shall- be subrogated to each and every .
right, specifically including the’contract rights of collecting
fares, fees, rentals, revenues and other charges against the
City_of Atlanta and the counties of Fulton, DeKalb, Cobb,
“Clayton and Gwinnett. exe : nS ew oe
(0) The Board is hereby authorized to provide by resolu- ..
tion for the issue of. refunding bonds of the Authority for
the purpose of refunding any bonds.issued under the provi-
sions of this Act and then outstanding, together with ac-
crued interest thereon. The issuance of such refunding bonds,
the maturities and all other details thereof, the rights of
the holders thereof and the duties of the Authority in re-
_ spect to the same, shall be pis by the foregoing pro-
. Visions of this Act insofar as the same may be applicable. _ ~
.{p) Bonds of the Authority shall be confirmed and vali- .
dated, insofar as applicable, in accordance with the pro-
cedure of the Revenue Bond Law (Ga. L. 1937, p. 761, et.
seq. as amended). The petition for validation shall also make
party defendant to such action any municipality, county
authority, subdivision or instrumentality of the State of
Georgia, if subject to be sued, which has contracted with the
_ Authority for the services and facilities of the project for
which bonds are to be issued and sought to be validated and --—
such municipality, county, authority, subdivision, or instru-
mentality shall be required to show cause, if any, why such
eontract or contracts and the terms and conditions thereof
should not be inquired into by the court and the validity of
the terms thereof to be determined and the contract or con--
tracts adjudicated as security for the payment of any such
bonds of the Authority. The judgment of validation shall be
final and conclusive with respect to such bonds, and the
security therefor, against the Authority, and against any
municipality, county, authority, subdivision or instrumen-
tality of the State of Georgia, if a party to the validation
proceedings, contracting with the Authority.
(q) While any of the bonds issued by the Authority re-
main outstanding, the powers, duties or existence of said
Authority, or of its officers, employees or age ts, shall not
-be diminished or impaired in any manner that will affect
adversely the interest and the rights of the holders of such
bonds, and no other entity, department, agency or authority
- will be created which will compete with the Authority to
such an extent as to affect adversely the interest and rights
of the holders of such bonds. The provisions of this Act
shall be for the benefit of the Authority and the holders
24g
of any such bonds, and upon the issuance of bonds under
the provisions hereof, shall constitute a contract with the
holders of such bonds. a ee
- (r) All monies réceived pursuant to the authority of this
ict, whether as proceeds from the sale of bonds, as grants
or other contributions, revenues, income, fees and earnings,
shall be deemed to be trust funds to be held and applied.
solely as provided in this Act, eis dea ;
__ (8) Bonds issued hereunder shall not be deemed to -con-
stitute a debt of any local government in the metropolitan
area. Such bonds shall be payable solely from the special
debt retirement fund hereinbefore established therefor and
the issuance of such bonds shall not-directly or indirectly
or contingently obligate any local government-in ‘the metro-—
politan area to levy or to pledge any form of taxation what-
‘ ever therefor or to make any appropriation for their pay-
ment, and all such bonds shall contain recitals on their face .
covering substantially the import of this subsection.
_ _ (t) ‘Any action to-protect or enforce any rights under
. the provisions of this Act or any suit or action against such
Authority, except as provided in section 9 (¢), shall be
brought in the Superior Court of Fulton County, Georgia,
- and any action pertaining to validation of any bonds issued
under the provisions of this Act shall likewise be brought
in said court, which shall have exclusive, original jurisdic-
tion of such actions.
u) The Authority may invest and reinvest any idle
moniés, including funds held in reserve or debt. retirement .
fundy/ not required for stro disbursement, in bonds
Fr notes of the United States or unconditionally guaranteed
joy the United States or in bonds or notes of the State of
/ Georgia or unconditionally guaranteed by the State of
Georgia, and reconvert same when their proceeds are neces-
Sary for disbursement. —
(v) The Board may by appropriate action prescribe the
circumstances, not inconsistent with law, under which a
bond or certificate will be considered as mutilated, destroyed
25
or lost and may” make reasonable provision for its réplace- .
ment. . : ,
« & ,
‘Section’ 11. Sent Trust ‘Certificates. “The. Board
shall have continuing power to purchase equipment, and
in connection therewith execute agreements, leases or equip-
- ment trust certificates in. the form customarily used and
appropriate to effect such purchases. The Béard may-issue
equipment trust certificates in a manner similar to: that <.
provided for bonds under section 10. All money required
to be paid by. the Authority -under the pro visions, of such
agreements, leases and equipment_trust\ certificates shall
be payable solely from ~the fares, fees, rentals, -charges,
revenues and ° earnings of the Authority, monies derived
from the sale of any surplus property of the Authority. and
| gifts, g grants and contributions from any source-Whatever.
Payment forsuch equipment or rentals therefor, may be
made in installments;. the deferred \instaliments may be
evidenced by equipment trust. certificates payable solely
from the aforesaid revenues or receipts, dnd title to such
equipment may or may not vest in the Authority until the
. equipment trust ee aré paid.
_ Section 12. Power of Eminent Domain. The Authority .
Shall have no power of eminent domain, but. the City of
Atlanta and the counties of Fulton, DeKalb, Cobb, Clayton
and Gwinnett may, for purposes of the Authority, exercise
the broadest power of eminent domain available to them
or any agency or joint agency thereof, under any statute,’
and convey to the Authority any property*so acquired upon
payment or credit for the total cost of any acquisitionshere- .
under. However, no local governing body shall exercise
any power of eminent domain hereunder with respect to
property located beyond its territorial limits.
Section 13. Removal and Relocation of: Utility Struc- 1
tures, Etc. (a) The Authority shall have the power to re- \
quire any public utility, railroad or other public service
corporation owning or operating any installations, struc-
tures, equipment, ‘apparatus, appliances or facilities in,
upon, under, over, across or along any wayd on which the
Authority has the right to own, construct, operate or main-
> &
26
“tain its rapid transit ‘system, to remove or relocate such
installation, structures, equipment, apparatus, appliances or
facilities from their locations. If the owner or operator
thereof fails or refuses to remove or relocate the T, the
o6\ Authority may proceed to do so. the Authority may pro- :
Vide the necessary new locations, and. for that purpose the
é inent domain as provided in section 12 may be -
vided the new locations shall not be-in, on or
bove, a public way; the -Authority may also acquire ,the
ecessary new locations by purchase or otherwise. The.
imburse the public utility, railread or
other public service corporation, for the cost of relocations
which shall be the entire amount paid or incurred by the
_ utility properly dttributable thereto ‘after deducting the
cost of any increase in the” service capacity of the new
’ installations, structures, equipment, apparatus, appliances or -
facilities and any salvage value derived from the old instal-
. lations, structures, equipment, apparatus, or appliances.
| TY (b) The Authority shall have the power to prepare plans
4
/ or and assist in the relocation of. persons (including indi-
Viduals, families, business concerns, nonprofit organizations
and others) displaced ‘by operations of the Authority in
carrying out a rapi¢.transit project, and to/make relocation .
payments to or with respect to such persons including the
making of such payments financed by the Federal Govern-
_ Ment. ) Rs: ff
Section 14, Competitive Bidding on Contracts, Ete.
_ (a). Except in the’ acquisition of unique property which
- for any reason is unobtainable in the open market, and ex-.
cept as hereinafter otherwise provided, competitive bids
. . Shall be secured before any acquisition or disposition of
' properties by contract or otherwise is made by the Author-
ity, or before any contract is’ awarded for construction, |
alterations, ‘Supplies, equipment, repairs or maintenance,
or for rendering any.services to the Authority ; acquisitions
shall be made from, and contracts awarded to, the lowest
tesponsible bidder, and, dispositiong of property shall ‘be
made‘to the highest responsible bidder. No acquisition of
any unique property unobtainable in the open market shall
\ 27
. be made without the express approval of the Board where
the amount involved is $5,000 or more. Nothing in this
section shall apply to contracts for professional erviees or
baa personal services of employees. —
(b) All such acquisitions, dispositions and cohttucts in-
volving $5,000 or more shall be awarded only after adver-
tising in the local newspaper of the ‘largest circulation, in
the metropolitan area at least once a week in the two w eks
prior to the bid opening. Bids shall be publicly opened and
read aloud at a date, time and place designated in the irivi-
tation to bid. Invitations to bid shall be sent at least one
week prior to the bid opening to at least three potential
bidders who are qualified technically and financially to sub-
mit bids, or, in lieu thereof, a memorandum shall be kept
on file showing that Jess than three potential bidders so
qualified exist in the market area within which it is prac-
ticable to obtain bids.
(c) Except as otherwise pro ided in this section, writ-
ten price quotations from at least three qualified and re-
sponsible vendors, or vendees as the case may be, shall be |
obtained for all acquisitions, dispositions and contracts in-
volving less than $5,000 and over $1,000, or, in lieu thereof,
a@ memorandum approved by the Board: shall be kept on
file showing that less than three vendors or vendees, as
the case may be, so qualified exist in the market area within
which it is practicable to obtain quotations. Acquisitions
- shall be made from, and contracts awarded to, the lowest
responsible quotation, and dispositions of property shall be
made to the highest responsible ee.
(d) Acquisitions, dispositions wali contracts involving.
$1,000 or less may be negotiated with or without competi-
tive bidding under sound procurement procedures as promul-
gated and established by the Board.
(e) Competitive bidding stellata may be waived if
it is determined by the general manager, or in such\other
manner as the Board may by regulation provide, that an
emergency directly and immediately affecting customer
ice or -public health, safety or welfare requires ‘im-
28
O
| mediate delivery of, supplies, materials, equipment or serv- /
ices ; provided, however, that a record explaining the emer- /
gency shall be submitted to the Board at its next regular
meeting and thereafter kept on file. - :
(f) All concessions granted by the Authority for the sale
of products or the rendition of services for a consideration
on Authority property shall be awarded only. pursuant to
' written specifications after competitive bidding and to the
highest responsible bidder in a manner similar to that re-
quired in subsection >); -
(g) Contracts for the sale, lease or other disposition of
real property owned by the Authority shall be awarded only. ~
after’ competitive bidding and to the highest responsible
bidder in a manner similar to that required in subsection
&
i) Requirements of the Authority shall not be split into
parts for the purpose of avoiding the provisions of this
section. eee eephs;
(j) The Authority shall have the right to reject any or
all bids or quotations, or parts of any or all bids or quota-:
tions, whenever in the opinion of the Board such rejection
is necessary for the protection of the interests of the Au-
thority. In every such case-a record shall be made setting
forth the reason for sueh rejection which record shall there-’
after be kept on file. :
}
Section 15. Conflict of Interests. at
(a) Every member of the-Board and every employee of
the Authority who knowingly has any interest direct or
indirect in any contract to Which the Authority is or is
about to become a party, or in any other-business of the
Authority, or in any firm or corporation doing business with
the Authority, shall make full disclosure of such interest to
the Board and, if a Board member, to his appointing au-
29 .
A Bs
CY
| ceil
S
cause for which a Board member may be removed by the
| thority. Failure to par an interest shall constitute
appointing power, or an employee discharged or otherwise
, disciplined at the discretion of the Board.
\ (b) Provisions. of the act ber Assembly ap-
proved March 10, 1964 (1964 Ga. L. p. 261), as amended,
regulating the conduct_of officers, employees and agents
| Y of political subdivisions, municipal and other public corpora-
/ tions and other pyblic organizations, shall be applicable to
_the conduct of its Board members, officers, employees and
°
agents of the Authority.
(c) “Any contract or transaction of the Authority in- i i
volving a conflict of interest not disclosed under subsection
(a) hereof, or a,violation of the act of the General Assembly
approved March 10,1964, (1964 Ga. L. p. 261), as amended,
‘or a violation of any other provision ‘of law applicable to
the Authority, its Board members, officers, or employees
regulating conflicts~of. interest, shall be voidable by the |
Board. a igs toe
Section 16. Financial Accounts, Audits, Reports. (a)
The Board shall make provision for a system: of financial
accounting and controls;audits and reports. All accounting
systems and records, waditing procedures and standards,
and financial reporting shall conform to generally accepted
principles of governmental accounting. Copies of each fi-
_ nancial report required under this section shall be furnished
to. each local governing body of ‘each local government in
the metropolitan area. All financial records, reports and
documents of the Authority shall be public records and open
to public inspection under reasonable regulations prescribed
by the Board. bal a )
(b) The d shall adopt a fiscal year, establish a system
of accounting and financial control, designate thé necessary
funds for complete accountability and specify the basis of
accounting for each such fund. ‘The Board shall cause to be
\ prepared a financial report on all funds at least quarterly —
-and a comprehensive report on the fiscal operations and
' conditions of the Authority annually. .
i
EVs)
Jj
|
(c) On or before the last day of the first month of its “
fiscal year the Board shall annually employ a firm of in-
dependent certified public accountants licensed to practice
in this State as auditors to make a c tinuous audit of the
financial books, records, and: accoyhts of the Authority. /
-/ Such auditors shall have no personal interest directly or
| indirectly in the fiscal affairs of the Authofity and shall
be experfenced and qualified in the accounting and auditing
“of public bodies. A contract of employment shall be executed
with such auditors prescribing their duties, the period to
be covered, the professional fees to be paid, the responsi-
bilities of the Authority and other appropriate matters. The
contract ‘shall be awarded upon the basis of professional
competence in the field of accounting and auditing for pub-
lic bodies and subject to the rules of ethics of the American
Institute of Certified Public Accountants. Such auditors
shall be paid out of the general operating funds of the
‘Authority. | : |
ad
(d) Upon employment such auditors Shall perform a
complete independent audit for the fiscal year. In such
audit they shall point out any irregularities found to exist
and report the results of their examination, including their
unqualified opinion on the presentation of the financial
position of the various funds and the results of the Au~
thority’s financial operations. If such auditors are unable
to express an unqualified opinion they shall so state and
shall further detail reasons for ‘their qualifications or dis-
claimer of opinion including recommendations necessary to
make possible future unqualified opinions. Such auditors
shall review and make- recommendations in Separate opin-
ions in such matters as they may deem appropriate for
improvements in records, system procedures, internal con-
trol methods, equipmen! ase,. organization, administration,
insurance coverage and other matters of financial control”
and relevancy. shall also be available for continuous
financial consultation Shall perform special examina-
tions, studies, management reviews, system design and in- a
stallation as the Board may direct. The Board may also
provide for the independent auditing of any facility of the
Authority leased or contracted out to private parties or local
governments.
31 -
Section #7. Budgets and Budgeting Procedures. (a) The
_ Board shall make provisions for an annual operating budget
‘ and an annual capital imprdVements budget. Every budget,
proposed or as finally adopted, shall conform to generally
accepted budgetary standards of public bodies. Copies of
each budget, proposed or as finally adopted, shall be fur-
nished to each local governing body of each local gove =
in the metropolitan area. In addition to the proced
herein prescribed’the Board may adopt. such budg nay
. Procedures as it may deem appropriate.
(b) On or before the last day of the tenth month of the
fiscal year the Board shall propose an annual operating
... budget for the ensuing fiscal year and hold a public hearing
thereon. After such public hearing the Board shall review
its proposed budget, and, on or before the last day of the
fiscal year, it shall adopt an anmual operating budget for
the ensuing fiscal year. In the annual operating budget
each operating fund shall be set forth separately and show
an estimate of the fund balance to be available at the be-
ginning of the year, an estimate of anticipated credits during
the year according to source, an estimate of anticipated
charges, including capital outlay or debt service properly
to be financed from anticipated revenues, and comparative
data on the last two completed fiscal years and similar
data, actual‘or estimated; for the current year. In no event
' shall.a budget be appreved which provides for deficit fi-
nancing with respect to any operating fund.
(c) At the time and in the manner prescribed in sub-
section (b), insofar as applicable, the Board shall propose
and adopt an annual capital improvements budget. The
" hroposed capital improvements budget shall show all capital
improvement projects in process of completion, those to be
undertaken during the ensuing fiscal year and those antici-
~~, bated to be undertaken during the ensuing ten years. The
proposed budget shall also sh@w the proposed method of
financing each proposed project and the effect thereof on
the debt structure of the Authority. After a public hearing
the Board shall review its proposed budget and on or before
the last day’ of the fiscal year it shall adopt an annual
capital improvements ‘budget for the ensuing fiscal year:
2 * "
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eS
~ eet 7
‘the:
$
4
)
. € purchase or-construction of any capital
” No contract for
improv
‘Ment project shall be authorized, except to meet a 3
public emergency certified a¢ such by the Board, unless ‘°*.
it is included inthe annual capital improvenients budget; ~
rei do: Board may propose and adopt an amendment .
to the
Section is, — i
ual capital improvements budget by following the
procedure herein prescribed for adoptin
the original budget.
. At least every three
years, the Board shall employ a firm of qualified independent
engineers to survey the condition of the Authority’s facili-
ties and operations from an engineering standpoint and
‘make a report thereof and any recommendations for im- _
provement in its physical facilities and operating procedures. ”
Copies of such report shall be furnished to each local gov- ©
erning body of ‘each local government in the metropolitan
, area, .
. NY
Section 19. Insurance on Leased Property. All contracts
for the lease of Authority property Shall require the lessee
to p maintain and pay for insurance to reasonably
to insure the leased property iz the Authority’s name for
its full value against all reasonable and insurable risks. Such
contracts shall contain a clause ewhereby the lessee agrees
to indemnify and hold the Authority harmless for the negli-
gence of lessee, his employees and agents.
~ Section 20. Rules and
men
\ “ey,
(b) ‘The Board may Di
Regulations; Miscellaneous. (a)
The Board may promulgate reasonable rules and regula-
“tions, not inconsistent with law, for the corivol and manage-
i operations, properties, employees and patrons,
r the recognition of author-
ized representatives of. the employees of the ‘Authority and
for bargaining with its employees through such agents in
the same manner and to
€ same extent as if they were ‘
the employees of any privately owned transportation system.
(c) All provisions of general law applitable to the records
and documents of counties and municipalities and public
access thereto shall be fully applicable to the records and .
iD
—_,
ae a
» \
\ :
_ document of the Authority. The Board shall make reason-
~ able rules 4nd regulations concerning access to its records
and documekts and may charge reasonable fees for copies
on raraet i thereof.
(a) As to copies of finaucial reports and documents un-
der Section 16, budget reports‘and documents under section
17, engineering reports.and documents under section 18, and
_ proposed rapid transit contracts under section 24, the Board
may provide for thé printing ‘and distribution of a reason-
able supply thereof to the public and may, in its discretion,
see anh payment of 4 reasonable charge, therefor.
Section 21. Tax and. OE Exemptions. (a) The
property of the Authority) both real and personal, its acts,
activities and income shall be.exempt from any tax or-tax
obligation. In the event of any lease of Authority property,
or any other arrangement which amounts to a leasehold
' interest, to a private party, this exemption shall not apply
' to the value of such leasehold interest, nor shall it apply
to the income of: the lessee. Otherwise, however, and for
purposes of taxation, when property of the Authority is
leased to private parties to be employed solely for purposes
of the Authority, the acts and activities of the lessee shall
be considered as the acts and activities of the Authority
and the exemption hereunder shall apply to such acts and
activities. . | }
(b) The Authority shall also be exempt from any regu-
lation by .the Public Service: Commission of this State,
except that when any proposed action of the Authority,
or any local government on behalf of the Authority, may
place a public utility, railroad or public service corporation
in violation of the requirements of the Commission, or create
the need for collaboration with respect to compliance with ~
the requirements of the Commission, the Authority shall
obtain the Commission’s cooperation and approval of the
proposed action. In such matters. and particularly with
respect to the matters contemplated in section 8 (j), the
DMs
5
~€ommission~shall-cooperate with” “the “Authorityto ae
complish the purposes and policies of this Act..
84
o
Section 22. Tort Liability; Insurance. The Authority
shall not enjoy governmental immunity from tort liability,
but shall be liable therefor as any private corporation except
that no execution shall be levied on any property of the
Authority prior to ninety (90) days from the date of a final
judgment against the Authority. The Authority shall con-
tract for adequate insurance, indemnification or similar
protection against any loss, liability or other risk, hazard
or responsibility to which it may be exposed or which it
may accept on account of its property, personnel, or opera-
tions.
Section 23. Taxing Power Denied. The Authority shall
have no power to impose any tax on any subject of taxation
within the metropolitan area for any purpose whatsoever.
Section 24. Local Government Participation. (a) Pro-
vision for a rapid transit system within the metropolitan
area is declared for the purposes of this-Aet to be an essen-
tial governmental function and a public purpese of the City
of Atlanta and the counties of Fulton, DeKalb, Cobb, Clay-
ton and Gwinnett. f
(b) The Board and each local governing body of the
counties of Fulton, DeKalb, Cobb, Clayton, and Gwinnett, —
arid of the City of Atlanta may negotiate and determine
the extent of financial¢participation and the time or times
such financial particiyation may be required with respect
to each of the local governments in order to finance pro-
vision for a rapid sit system through the joint instru-
mentality of the thority. If such determination /con-
templates a contractural obligation on the part of a ]
government to make payments to the Authority over a
period of time exceefling one year or a contractural obli-
gation on the part of \a local government to issue any bonds
or other evidences indebtedness, such determination
shall take the form of a proposed rapid transit contraét
to be executed between the Authority and the local govern-
‘Ment, Notwithstanding any other provision of this Act,
no contract on the part ofCany local government to make ells
_ payments of any kind to the Authority shall become final -
except by the action of local governing body thereof;
: J 35 P
f
the negotiation, determination and proposed rapid transit
contract contemplated under this subsection shall not be
construed to constitute a final contract or obligation, _but
the final execution of a rapid transit contract shall be
completed in every instance in the manner contemplated
in subsections (c), (d), (e), or (h) hereof.
(c) As a method of financing the participation required
of it, in its entirety or any part thereof, under such ‘a
proposed rapid transit contract,.a local government may,
in the manner prescribed by law and subject to the limita-
tions prescribed by law, issue general obligation bonds, pay
over the proceeds thereof to the Authority: and thereby
complete the execution of the, proposed rapid transit’ con-
tract under which the Authority shall agree to perform
for it the aforesaid governmental function and provide the
necessary transportation services and facilities.
(d) As an alternative method of financing the participa-
tion required of it under such a proposed rapid transit
contract, a local government may contract with the Au-
thority by which the Authority may perform for such local
government the aforesaid governmental function and obli-
gate itself to pay on a periodic basis for the public trans-
portation services and facilities contracted for, including
the payment of the principal of, and interest on, any obli-
gations issued by the Authority for the purpose of financing
the cost of any rapid transit project or projects and this
may include amounts necessary to establish and maintain
reasonable reserves in connection therewith.
(e) When there is a, proposed rapid transit contract to
be executed between the Authority and a local government
under subsection (d), the local governing body may proceed
on its own resolution to complete the execution of the con-
tract if it determines that the participation required there-
under may reasonably be financed without the levy of any
new or increased tax on. the property situated within its
territory. In this event, the resolution of the local govern-
ing body that the participation required thereunder may
reasonably be financed without the levy of any new or
increased tax on the property situated within its territory
36
Shall be conclusive of that fact. The Authority under this
subsection shall be subject to and limited by any local act
(f) Otherwise when there is a proposed rapid transit
contract to be executed between the Authority and a loca)
(g) The procedure for holding the referendum called for
in subsection (f) shall be as follows: The local governing
body shall cause to be published in a newspaper having
dollar amount or amounts involved under the proposed rapid
transit contract. Such special election shall be held at all
the election districts within the territorial limits of the
local government involved except that ‘an election called
by the local governing body any county within the
metropolitan area. sal not be held in any part thereof
which is within the territorial limits of the City of Atlanta.
The ballot submitting the question Shall be in a form de-
termined by the local governing body, and the form of the
ballot shall be published as a part of the aforesaid notice,’
37.
conducting any such election held within its county. After
consolidation, the ordinary itd, the returns of
such an election to the local govern ng authority calling the
election, or its delegate, who shall officially declare the re- .
sult. The expense of such an election held within the terri-
torial limits of the City of Atlanta shall be paid by the
City of Atlanta. ¥
(h) If.a majority of theas voting in said election vote
in favor of the proposition submitted then the local gpv-’
erning body shall thereby be authorized to complete the
execution of a rapid transit contract, or contracts, whereih |
the total dollar amounts thereof do not exceed the total
dollar amounts involved in the proposition submitted.
(i) A local government may elect any method provided
in this section to finance the participation required of it in
whole or in part, and the election of one method shall not
preclude the election of another method with respect thereto .
or with respect to any additional or supplementary partici-
pation determined to be necessary.
(j) When the Authority and a local government ‘have
completed the execution of a rapid transit contract in full
compliance with the requizements of this Act, such con-
tract shall constitute an obligation on the part of the local
government for the payment of which its good faith and
credit are pledged, but on no other way can the good faith
and credit of,any local government be pledged with respect
to a rapid transit contract. |
(x) Any ‘inal government may use public funds to pro-
vide for a.rapid transit system within the metropolitan area
and may levy any taxes authorizedto it by law to the.extent
necessary to fulfill the obligations dncurred in’ contracts.
with the Authority; provided that’ no local county govern-~
-
~
_a tax for that purpose.
- Subsection, sentence, clause, or p
—judged invalid or unconstitutiona
. My
ment shall have the power to levy any tax on any subject
of taxation situated withiyi the territorial limits of the City
of Atlanta’ when the City ‘of Atlanta has a contract with
the Authority ‘and jis itself ig its public funds or levying
A
(1). Any local #dvernment may ‘transfer to the Authority
any property or facilities, or render any services, with or -
: without consideration, which may be useful to the estab-
lishment, operation or administration of the rapid transit
system contemplated hereunder, and may contract with the
Authority for any other purpose incidental to the establish-
ment, operation or administration of such system, or any
part or project thereof or the usual facilities related thereto.
Section 25. Severability. In the event any section, sub-
section, sentence, gleuse, or phrase of this Act shall be
_ declared or adjudged invalid rv unconsitutional, such, ad-
judication shall in no manne affect the other sections, »
subsectidns, sentences, clau or phrases of this Act,
which shall remairrof-full force a effect, as if the section,
ase so declared or .ad-
as not originally a part
hereof. The General _Assembly\ hereby declares that it
‘would have passed the remaining: | of this Act if it had
known that such part or parts hereof would be declared
or adjudged invalid or unconstitutional. 5S
‘Section 26. All laws or ‘parts ‘of laws in conflict with
this Act are hereby repealed.
Approved March 10, 1965,
See. Enrolled Act for affidavit and advertisement.
' 89
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.