Incorporation of Powder Springs — September 1883

photo of Powder Springs City Hall in article about incorporation Powder SpringsPowder Springs City Hall (photo by Thomson M [CC BY 3.0 (https://creativecommons.org/licenses/by/3.0)])

The fifth article in our series Cobb County history through documents is the incorporation of Powder Springs by an act of the Georgia legislature passed on September 18, 1883.

If you’re interested in exploring more documents from Cobb County and Georgia history, this document was retrieved from the Georgia Legislative Documents database in GALILEO, available at the Cobb County Public Library website.

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1882-83.

Part III.–Local Laws.
TITLE I. MUNICIPAL CORPORATIONS.

1882 Vol. 1 — Page: 391

Sequential Number: 275

Short Title: TO INCORPORATE THE TOWN OF POWDER SPRINGS, IN COBB COUNTY.
Law Number: No. 228.

Full Title: An Act to incorporate the town of Powder Springs, in Cobb county, to provide for the election of mayor and council, marshal and clerk, and to define their powers, duties, etc, and for other purposes.

Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the town of Powder Springs, in the county of Cobb, shall be incorporated under the name and style of the “town of Powder Springs,” by which name it shall sue or be sued, plead or be impleaded, etc.
[Sidenote: Corporate name.]

Sec. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be defined as follows, to-wit: The corporate limits of said town shall extend one-quarter of a mile on each side of Marietta street in said town, the width of said street not to be included in said distance, and to extend between the following named points on said street, beginning on the south at the bridge across Powder Springs creek and running down said creek, making the same the line to the line one-quarter of a mile from


Page: 392
said street, and running parallel therewith on the east, and thence north on said line running as aforesaid to what is known as the Atlanta road, and thence west along said road to where the same intersects the Marietta street, and beginning at the south on the west side on said Marietta street and running along what is known as the lost mountain road, making the same the line to the line one quarter of a mile from Marietta street on the west, and running north parallel with said street to what is known as the Marietta road, running north, and thence east along said road, making the same the line to Marietta street, which after the passage of this Act shall be known as the corporate limits of the town of Powder Springs.
[Sidenote: Corporate limits.]

Sec. III. Be it further enacted, That within thirty days after the passage of this Act, or as soon thereafter as practicable, and on every first Monday in January thereafter, there shall be an election held for the election of a mayor and five councilmen, which election shall be conducted in the same manner as an election for members of the General Assembly in this State, and the same qualifications for voters, who shall reside within the corporate limits hereinbefore set out, shall exist as are required of persons voting at an election for members of the General Assembly, and the person or persons receiving the highest number of votes for either of the above named offices shall be declared duly elected; provided, that the marshal and clerk herein provided for, shall be elected by the mayor and council immediately upon their election, or as soon thereafter as practicable.
[Sidenote: Elections for officers — when and how held.]
[Sidenote: Who may vote.]
[Sidenote: Marshal and clerk — how elected.]

Sec. IV. Be it further enacted by the authority aforesaid, That the mayor and council elected as aforesaid shall have power and authority to enact such laws or ordinances as may, in their judgment, be necessary for the government of said town; to levy such taxes as are now allowed by law in such cases; provided, that nothing in this Act shall be so construed as to give the mayor and council or any authorities of said town of Powder Springs to levy a tax on land within said corporate limits which is used for agricultural purposes, except not more than one acre immediately around any dwelling house that may be situated on such land; to punish by fine or imprisonment, or both, in the discretion of the mayor or council; provided, the fine shall not exceed fifty dollars, nor the imprisonment to exceed thirty days in the discretion of the mayor and council.
[Sidenote: General powers of mayor, etc.]

Sec. V. Be it further enacted by the authority aforesaid, That the mayor shall have the same jurisdiction and authority as have justices of the peace in this State, to bind over offenders that may be brought before him, when it shall appear that the offense is a violation of any State law committed within the corporate limits of said town.
[Sidenote: Mayor ex-officio justice of the peace.]

Sec. VI. Be it further enacted by the authority aforesaid, That nothing in this Act shall be so construed as to give the town authorities, or any other authorities, the right to grant license to sell intoxicating liquors in any quantity within said town limits or to repeal existing laws on that subject.
[Sidenote: No liquors sold.]


Page: 393
Sec. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.

Approval Date: Approved September 18, 1883.

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Larry Felton Johnson
Larry Felton Johnson is the editor and publisher of the Cobb County Courier. He holds a degree in journalism from Georgia State University and enjoys exploring the county's trail and greenway network when he isn't covering county government meetings and court proceedings.

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