HB 1007 - Bowersville, Town of; new charter
Georgia House of Representatives - 1995/1996 Sessions
HB 1007 - Bowersville, Town of; new charter
1. Powell 23rd
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 129 Nays 1 Senate Vote: Yeas 48 Nays 0
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House Action Senate
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3/9/95 Read 1st Time 3/14/95
3/10/95 Read 2nd Time
3/13/95 Favorably Reported 3/15/95
3/13/95 Read 3rd Time
3/13/95 Passed/Adopted 3/15/95
3/30/95 Sent to Governor
4/5/95 Signed by Governor
196 Act/Veto Number
4/5/95 Effective Date
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Code Sections amended:
HB 1007 LC 25 0079
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the Town of Bowersville; to
1- 2 provide for incorporation, boundaries, and powers of the
1- 3 town; to provide for a governing authority of such town and
1- 4 the powers, duties, authority, election, terms, method of
1- 5 filling vacancies, compensation, qualifications,
1- 6 prohibitions, and removal from office relative to members of
1- 7 such governing authority; to provide for inquiries and
1- 8 investigations; to provide for organization and procedures;
1- 9 to provide for ordinances and codes; to provide for the
1-10 office of mayor and certain duties and powers relative to
1-11 the office of mayor; to provide for administrative
1-12 responsibilities; to provide for boards, commissions, and
1-13 authorities; to provide for a town attorney, a town clerk, a
1-14 town treasurer, and other personnel; to provide for rules
1-15 and regulations; to provide for a municipal court and the
1-16 judge or judges thereof; to provide for practices and
1-17 procedures; to provide for taxation and fees; to provide for
1-18 franchises, service charges, and assessments; to provide for
1-19 bonded and other indebtedness; to provide for accounting and
1-20 budgeting; to provide for purchases; to provide for the sale
1-21 of property; to provide for bonds for officials; to provide
1-22 for eminent domain; to provide for penalties; to provide for
1-23 definitions and construction; to provide for other matters
1-24 relative to the foregoing; to repeal a specific Act; to
1-25 repeal conflicting laws; and for other purposes.
1-26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
1-27 INCORPORATION AND POWERS
1-28 SECTION 1.10.
1-29 Incorporation.
1-30 The Town of Bowersville in Hart County is reincorporated by
1-31 the enactment of this charter and is constituted and
1-32 declared a body politic and corporate under the name of the
1-33 "Town of Bowersville." References in this charter to "the
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2- 1 town" or "this town" refer to the Town of Bowersville. The
2- 2 town shall have perpetual existence.
2- 3 SECTION 1.11.
2- 4 Corporate boundaries.
2- 5 The boundaries of this town shall be those existing on the
2- 6 effective date of the adoption of this charter with such
2- 7 alterations as may be made from time to time by local law or
2- 8 in the manner provided by general state law. The boundaries
2- 9 of this town at all times shall be shown on a map, a written
2-10 description, or any combination thereof, to be retained
2-11 permanently in the office of the town clerk of the town and
2-12 to be designated, as the case may be: "Official Map or
2-13 Description of the Corporate Limits of the Town of
2-14 Bowersville, Georgia." Photographic, typed, or other copies
2-15 of such map or description certified by the mayor shall be
2-16 admitted as evidence in all courts and shall have the same
2-17 force and effect as the original map or description.
2-18 SECTION 1.12.
2-19 Municipal powers.
2-20 (a) This town shall have all powers possible for a town to
2-21 have under the present or future Constitution and laws of
2-22 this state as fully and completely as though they were
2-23 specifically enumerated in this charter. This town shall
2-24 have all the powers of self-government not otherwise
2-25 prohibited by this charter or by general law.
2-26 (b) The powers of this town shall be construed liberally in
2-27 favor of the town. The specific mention or failure to
2-28 mention particular powers shall not be construed as limiting
2-29 in any way the powers of this town. Said powers shall
2-30 include, but are not limited to, the following:
2-31 (1) Air and water pollution. To regulate the emission
2-32 of smoke or other exhaust which pollutes the air and to
2-33 prevent the pollution of natural streams which flow
2-34 within the corporate limits of the town;
2-35 (2) Animal regulations. To regulate and license or to
2-36 prohibit the keeping or running at large of animals and
2-37 fowl and to provide for the impoundment of same if in
2-38 violation of any ordinance or lawful order; to provide
2-39 for the disposition by sale, gift, or humane destruction
2-40 of animals and fowl when not redeemed as provided by
2-41 ordinance; and to provide punishment for violation of
2-42 ordinances enacted under this paragraph;
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3- 1 (3) Appropriations and expenditures. To make
3- 2 appropriations for the support of the government of the
3- 3 town; to authorize the expenditure of money for any
3- 4 purposes authorized by this charter and for any purpose
3- 5 for which a municipality is authorized by the laws of
3- 6 the State of Georgia; and to provide for the payment of
3- 7 expenses of this town;
3- 8 (4) Building regulations. To regulate and to license
3- 9 the erection and construction of buildings and all other
3-10 structures not inconsistent with general law; to adopt
3-11 building, housing, plumbing, electrical, gas, and
3-12 heating and air-conditioning codes; and to regulate all
3-13 housing and building trades except as otherwise
3-14 prohibited by general law;
3-15 (5) Business regulation and taxation. To levy and to
3-16 provide for the collection of license fees and taxes on
3-17 privileges, occupations, trades, and professions; to
3-18 license and regulate the same; to provide for the manner
3-19 and method of payment of such licenses and taxes; and to
3-20 revoke such licenses after due process for the failure
3-21 to pay any town taxes or fees;
3-22 (6) Condemnation. To condemn property, inside or
3-23 outside the corporate limits of the town, for present or
3-24 future use and for any corporate purpose deemed
3-25 necessary by the governing authority, utilizing
3-26 procedures enumerated in Title 22 of the O.C.G.A. or
3-27 such other laws as are or may hereafter be enacted;
3-28 (7) Contracts. To enter into contracts and agreements
3-29 with other governments and entities and with private
3-30 persons, firms, and corporations;
3-31 (8) Emergencies. To establish procedures for
3-32 determining and proclaiming that an emergency situation
3-33 exists inside or outside the town and to make and carry
3-34 out all reasonable provisions deemed necessary to deal
3-35 with or meet such an emergency for the protection,
3-36 safety, health, or well-being of the citizens of the
3-37 town;
3-38 (9) Fire regulations. To fix and establish fire limits
3-39 and from time to time extend, enlarge, or restrict the
3-40 same; to prescribe fire safety regulations, not
3-41 inconsistent with general law relating to both fire
3-42 prevention and detection and to fire fighting; and to
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4- 1 prescribe penalties and punishment for violations
4- 2 thereof;
4- 3 (10) Garbage fees. To levy, fix, assess, and collect a
4- 4 garbage, refuse, and trash collection and disposal and
4- 5 other sanitary service charge, tax, or fee for such
4- 6 services as may be necessary in the operation of the
4- 7 town from all individuals, firms, and corporations
4- 8 residing in or doing business within the town and
4- 9 benefiting from such services; to enforce the payment of
4-10 such charges, taxes, or fees; and to provide for the
4-11 manner and method of collecting such service charges;
4-12 (11) General health, safety, and welfare. To define,
4-13 regulate, and prohibit any act, practice, conduct, or
4-14 use of property which is detrimental to the health,
4-15 sanitation, cleanliness, welfare, and safety of the
4-16 inhabitants of the town and to provide for the
4-17 enforcement of such standards;
4-18 (12) Gifts. To accept or refuse gifts, donations,
4-19 bequests, or grants from any source for any purpose
4-20 related to the powers and duties of the town and the
4-21 general welfare of its citizens on such terms and
4-22 conditions as the donor or grantor may impose;
4-23 (13) Health and sanitation. To prescribe standards of
4-24 health and sanitation within the town and to provide for
4-25 the enforcement of such standards;
4-26 (14) Jail sentences. To provide that persons given jail
4-27 sentences in the municipal court may work out such
4-28 sentences in any public works or on the streets, roads,
4-29 drains, and squares in the town; to provide for the
4-30 commitment of such persons to any jail; or to provide
4-31 for the commitment of such persons to any county work
4-32 camp or county jail by agreement with the appropriate
4-33 county officials;
4-34 (15) Motor vehicles. To regulate the operation of motor
4-35 vehicles and exercise control over all traffic,
4-36 including parking, upon or across the streets, roads,
4-37 alleys, and walkways of the town;
4-38 (16) Municipal agencies and delegation of power. To
4-39 create, alter, or abolish departments, boards, offices,
4-40 commissions, and agencies of the town and to confer upon
4-41 such agencies the necessary and appropriate authority
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5- 1 for carrying out all the powers conferred upon or
5- 2 delegated to the same;
5- 3 (17) Municipal debts. To appropriate and borrow money
5- 4 for the payment of debts of the town and to issue bonds
5- 5 for the purpose of raising revenue to carry out any
5- 6 project, program, or venture authorized by this charter
5- 7 or the laws of the State of Georgia;
5- 8 (18) Municipal property ownership. To acquire, dispose
5- 9 of, and hold in trust or otherwise any real, personal,
5-10 or mixed property, in fee simple or lesser interest,
5-11 inside or outside the property limits of the town;
5-12 (19) Municipal property protection. To provide for the
5-13 preservation and protection of property and equipment of
5-14 the town and the administration and use of same by the
5-15 public; and to prescribe penalties and punishment for
5-16 violations thereof;
5-17 (20) Municipal utilities. To acquire, lease, construct,
5-18 operate, maintain, sell, and dispose of public
5-19 utilities, including, but not limited to, a system of
5-20 waterworks, sewers, and drains, sewage disposal, gas
5-21 works, electric plants, transportation facilities,
5-22 public airports, and any other public utility; and to
5-23 fix the taxes, charges, rates, fares, fees, assessments,
5-24 regulations, and penalties therefor; and to provide for
5-25 the withdrawal of service for refusal or failure to pay
5-26 the same; and to authorize the extension of water,
5-27 sewerage, and electrical distribution systems, and all
5-28 necessary appurtenances by which said utilities are
5-29 distributed, inside and outside the corporate limits of
5-30 the town; and to provide utility services to persons,
5-31 firms, and corporations inside and outside the corporate
5-32 limits of the town as provided by ordinance;
5-33 (21) Nuisances. To define a nuisance and provide for
5-34 its abatement whether on public or private property;
5-35 (22) Penalties. To provide penalties for violation of
5-36 any ordinances adopted pursuant to the authority of this
5-37 charter and the laws of the State of Georgia;
5-38 (23) Planning and zoning. To provide comprehensive town
5-39 planning for development by zoning and to provide
5-40 subdivision regulation and the like as the town council
5-41 deems necessary and reasonable to ensure a safe,
5-42 healthy, and esthetically pleasing community;
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6- 1 (24) Police and fire protection. To exercise the power
6- 2 of arrest through duly appointed police officers and to
6- 3 establish, operate, or contract for a police and a
6- 4 fire-fighting agency;
6- 5 (25) Public hazards; removal. To provide for the
6- 6 destruction and removal of any building or other
6- 7 structure which is or may become dangerous or
6- 8 detrimental to the public;
6- 9 (26) Public improvements. To provide for the
6-10 acquisition, construction, building, operation, and
6-11 maintenance of public ways, parks, playgrounds,
6-12 recreational facilities, cemeteries, markets and market
6-13 houses, public buildings, libraries, public housing,
6-14 airports, hospitals, terminals, docks, parking
6-15 facilities, or charitable, cultural, educational,
6-16 recreational, conservation, sport, curative, corrective,
6-17 detentional, penal, and medical institutions, agencies,
6-18 and facilities; to provide any other public improvements
6-19 inside or outside the corporate limits of the town; to
6-20 regulate the use of public improvements; and, for such
6-21 purposes, property may be acquired by condemnation under
6-22 Title 22 of the O.C.G.A. or such other applicable laws
6-23 as are or may hereafter be enacted;
6-24 (27) Public peace. To provide for the prevention and
6-25 punishment of drunkenness, riots, and public
6-26 disturbances;
6-27 (28) Public transportation. To organize and operate or
6-28 contract for such public transportation systems as are
6-29 deemed beneficial;
6-30 (29) Public utilities and services. To grant franchises
6-31 or make contracts for public utilities and public
6-32 services and to prescribe the rates, fares, regulations,
6-33 and the standards and conditions of service applicable
6-34 to the service to be provided by the franchise grantee
6-35 or contractor, insofar as not in conflict with valid
6-36 regulations of the Public Service Commission;
6-37 (30) Regulation of roadside areas. To prohibit or
6-38 regulate and control the erection, removal, and
6-39 maintenance of signs, billboards, trees, shrubs, fences,
6-40 buildings, and any and all other structures or
6-41 obstructions upon or adjacent to the rights of way of
6-42 streets and roads or within view thereof, inside or
6-43 abutting the corporate limits of the town and to
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7- 1 prescribe penalties and punishment for violation of such
7- 2 ordinances;
7- 3 (31) Retirement. To provide and maintain a retirement
7- 4 plan for officers and employees of the town;
7- 5 (32) Roadways. To lay out, open, extend, widen, narrow,
7- 6 establish or change the grade of, abandon or close,
7- 7 construct, pave, curb, gutter, adorn with shade trees,
7- 8 or otherwise improve, maintain, repair, clean, prevent
7- 9 erosion of, and light the roads, alleys, and walkways
7-10 within the corporate limits of the town; and to
7-11 negotiate and execute leases over, through, under, or
7-12 across any town property or the right of way of any
7-13 street, road, alley, and walkway or portion thereof
7-14 within the corporate limits of the town for bridges,
7-15 passageways, or any other purpose or use between
7-16 buildings on opposite sides of the street and for other
7-17 bridges, overpasses, and underpasses for private use at
7-18 such location and to charge a rental therefor in such
7-19 manner as may be provided by ordinance; and to authorize
7-20 and control the construction of bridges, overpasses, and
7-21 underpasses within the corporate limits of the town; and
7-22 to grant franchises and rights of way throughout the
7-23 streets and roads and over the bridges and viaducts for
7-24 the use of public utilities and for private use; and to
7-25 require real estate owners to repair and maintain in a
7-26 safe condition the sidewalks adjoining their lots or
7-27 lands and to impose penalties for failure to do so;
7-28 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-29 necessary to assure the acquiring, constructing,
7-30 equipping, operating, maintaining, and extending of a
7-31 sewage disposal plant and sewerage system; to levy on
7-32 those to whom sewers and sewerage systems are made
7-33 available a sewer service fee, charge, or tax for the
7-34 availability or use of the sewers; to provide for the
7-35 manner and method of collecting such service charge; and
7-36 to impose and collect a sewer connection fee or fees to
7-37 those connected with the system;
7-38 (34) Solid waste disposal. To provide for the
7-39 collection and disposal of garbage, rubbish, and refuse
7-40 and to regulate the collection and disposal of garbage,
7-41 rubbish, and refuse by others; and to provide for the
7-42 separate collection of glass, tin, aluminum, cardboard,
7-43 paper, and other recyclable materials and provide for
7-44 the sale of such items;
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8- 1 (35) Special areas of public regulation. To regulate or
8- 2 prohibit junk dealers, pawn shops, the manufacture,
8- 3 sale, or transportation of intoxicating liquors, and the
8- 4 use and sale of firearms; to regulate the
8- 5 transportation, storage, and use of combustible,
8- 6 explosive, and inflammable materials, the use of
8- 7 lighting and heating equipment, and any other business
8- 8 or situation which may be dangerous to persons or
8- 9 property; to regulate and control the conduct of
8-10 peddlers and itinerant traders, theatrical performances,
8-11 exhibitions, and shows of any kind, by taxing or
8-12 otherwise; and to license, tax, regulate, or prohibit
8-13 professional fortunetelling, palmistry, adult
8-14 bookstores, and massage parlors;
8-15 (36) Special assessments. To levy and provide for the
8-16 collection of special assessments to cover the costs of
8-17 any public improvement;
8-18 (37) Ad valorem taxes. To levy and provide for the
8-19 assessment, valuation, revaluation, and collection of
8-20 taxes on all property subject to taxation;
8-21 (38) Other taxes. To levy and collect such other taxes
8-22 as may be allowed now or in the future by law;
8-23 (39) Taxicabs. To regulate and license vehicles
8-24 operated for hire in the town; to limit the number of
8-25 such vehicles; to require the operators thereof to be
8-26 licensed; to require public liability insurance on such
8-27 vehicles in the amounts to be prescribed by ordinance;
8-28 and to regulate the parking of such vehicles;
8-29 (40) Urban redevelopment. To organize and operate an
8-30 urban redevelopment program; and
8-31 (41) Other powers. To exercise and enjoy all other
8-32 powers, functions, rights, privileges, and immunities
8-33 necessary or desirable to promote or protect the safety,
8-34 health, peace, security, good order, comfort,
8-35 convenience, or general welfare of the town and its
8-36 inhabitants; to exercise all implied powers necessary to
8-37 carry into execution all powers granted in this charter
8-38 as fully and completely as if such powers were fully
8-39 stated in this charter; and to exercise all powers now
8-40 or in the future authorized to be exercised by other
8-41 municipal governments under other laws of the State of
8-42 Georgia; and no listing of particular powers in this
8-43 charter shall be held to be exclusive of others, nor
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9- 1 restrictive of general words and phrases granting
9- 2 powers, but shall be held to be in addition to such
9- 3 powers unless expressly prohibited to municipalities
9- 4 under the Constitution or applicable laws of the State
9- 5 of Georgia.
9- 6 SECTION 1.13.
9- 7 Exercise of powers.
9- 8 All powers, functions, rights, privileges, and immunities of
9- 9 the town, its officers, agencies, or employees shall be
9-10 carried into execution as provided by this charter. If this
9-11 charter makes no provision, such shall be carried into
9-12 execution as provided by ordinance or as provided by
9-13 pertinent laws of the State of Georgia.
ARTICLE II
9-14 GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
9-15 SECTION 2.10.
9-16 Town council creation; composition; number; election.
9-17 (a) The legislative authority of the government of this
9-18 town, except as otherwise specifically provided in this
9-19 charter, shall be vested in a town council to be composed of
9-20 a mayor and four councilmembers.
9-21 (b) The mayor and councilmembers shall serve for terms of
9-22 four years and until their respective successors are elected
9-23 and qualified. No person shall be eligible to serve as
9-24 mayor or councilmember unless that person shall have been a
9-25 resident of this town for 12 months immediately preceding
9-26 the election of mayor or councilmembers; each such person
9-27 shall continue to reside within the town during said period
9-28 of service and shall be registered and qualified to vote in
9-29 municipal elections of this town. No person's name shall be
9-30 listed as a candidate on the ballot for election for either
9-31 mayor or councilmember unless such person shall file a
9-32 written notice with the clerk of said town that such person
9-33 desires his or her name to be placed on said ballot as a
9-34 candidate either for mayor or councilmember. No person
9-35 shall be eligible for the office of mayor or councilmember
9-36 unless such person shall file above said notice within the
9-37 time provided for in Chapter 3 of Title 21 of the O.C.G.A.,
9-38 the "Georgia Municipal Election Code."
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10- 1 SECTION 2.11.
Elections.
10- 2 (a) At any election, all persons who are qualified under the
10- 3 Constitution and laws of Georgia to vote for members of the
10- 4 General Assembly of Georgia and who are bona fide residents
10- 5 of said town shall be eligible to qualify as voters in the
10- 6 election.
10- 7 (b) All primaries and elections shall be held and conducted
10- 8 in accordance with Chapter 3 of Title 21 of the O.C.G.A.,
10- 9 the "Georgia Municipal Election Code." Except as otherwise
10-10 provided by this charter, the town council shall, by
10-11 ordinance, prescribe such rules and regulations it deems
10-12 appropriate to fulfill any options and duties under the
10-13 "Georgia Municipal Election Code."
10-14 (c) The mayor and councilmembers who are in office on the
10-15 effective date of this Act shall serve until December 31,
10-16 1995, and until their successors are elected and qualified.
10-17 (d) For the purpose of electing members of the council, the
10-18 Town of Bowersville shall consist of one election district
10-19 with four numbered posts. Each person seeking election shall
10-20 designate the post for which he or she seeks election.
10-21 (e) On the Tuesday next following the first Monday in
10-22 November, 1995, and on that day quadrennially thereafter,
10-23 there shall be elected a mayor and councilmembers for Posts
10-24 1 and 4 who shall serve for terms as provided for by
10-25 subsection (b) of Section 2.10 of this charter. On the
10-26 Tuesday next following the first Monday in November, 1995,
10-27 there shall be elected also councilmembers for Posts 2 and 3
10-28 who shall serve for initial terms of two years and until
10-29 their successors are elected and qualified. On the Tuesday
10-30 next following the first Monday in November, 1997, and on
10-31 that day quadrennially thereafter, there shall be elected
10-32 councilmembers for Posts 2 and 3 who shall serve for terms
10-33 as provided by subsection (b) of Section 2.10 of this
10-34 charter. It is the purpose of this section to provide a
10-35 rotation system for the office of mayor and councilmembers.
10-36 The terms of the offices shall begin at the time of taking
10-37 the oath of office as provided in Section 3.11 of this
10-38 charter.
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11- 1 SECTION 2.12.
11- 2 Vacancies in office.
11- 3 (a)(1) The office of mayor or councilmember shall become
11- 4 vacant upon the incumbent's death, resignation,
11- 5 forfeiture of office, or removal from office in any
11- 6 manner authorized by this charter or the general laws of
11- 7 the State of Georgia.
11- 8 (2) Upon the suspension from office of mayor or
11- 9 councilmember in any manner authorized by the general
11-10 laws of the State of Georgia, the town council or those
11-11 remaining shall appoint a successor for the duration of
11-12 the suspension. If the suspension becomes permanent,
11-13 then the office shall become vacant and shall be filled
11-14 as provided in subsection (b) of this section.
11-15 (b) In the event that the office of mayor or councilmember
11-16 shall become vacant, the town council or those remaining
11-17 shall order a special election to fill the balance of the
11-18 unexpired term of such official; provided, however, if such
11-19 vacancy occurs within six months of the expiration of the
11-20 term of that office, the town council or those members
11-21 remaining shall appoint a successor for the remainder of the
11-22 term. In all other respects, the special election shall be
11-23 held and conducted in accordance with Chapter 3 of Title 21
11-24 of the O.C.G.A., the "Georgia Municipal Election Code," as
11-25 now or hereafter amended.
11-26 SECTION 2.13.
11-27 Nonpartisan elections.
11-28 Political parties shall not conduct primaries for town
11-29 offices and all names of candidates for town offices shall
11-30 be listed without party labels.
11-31 SECTION 2.14.
11-32 Election by plurality.
11-33 The candidate receiving a plurality of the votes cast for
11-34 any town office shall be elected.
11-35 SECTION 2.15.
11-36 Compensation and expenses.
11-37 The mayor and councilmembers shall receive compensation and
11-38 expenses for their services as provided by ordinance and in
11-39 accordance with Chapter 35 of Title 36 of the O.C.G.A.
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12- 1 SECTION 2.16.
12- 2 Prohibitions.
12- 3 (a) No elected official, appointed officer, or employee of
12- 4 the town or any agency or political entity to which this
12- 5 charter applies shall knowingly:
12- 6 (1) Engage in any business or transaction or have a
12- 7 financial or other personal interest, direct or
12- 8 indirect, which is incompatible with the proper
12- 9 discharge of official duties or which would tend to
12-10 impair the independence of his or her judgment or action
12-11 in the performance of official duties;
12-12 (2) Engage in or accept private employment or render
12-13 services for private interests when such employment or
12-14 service is incompatible with the proper discharge of
12-15 official duties or would tend to impair the independence
12-16 of his or her judgment or action in the performance of
12-17 official duties;
12-18 (3) Disclose confidential information concerning the
12-19 property, government, or affairs of the governmental
12-20 body by which engaged without proper legal authorization
12-21 or use such information to advance the financial or
12-22 other private interest of himself or herself or others;
12-23 (4) Accept any valuable gift, whether in the form of
12-24 service, loan, object, or promise, from any person,
12-25 firm, or corporation which to his or her knowledge is
12-26 interested, directly or indirectly, in any manner
12-27 whatsoever in business dealings with the governmental
12-28 body by which he or she is engaged; provided, however,
12-29 that an elected official who is a candidate for public
12-30 office may accept campaign contributions and services in
12-31 connection with any such campaign;
12-32 (5) Represent other private interests in any action or
12-33 proceeding against this town or any portion of its
12-34 government; or
12-35 (6) Vote or otherwise participate in the negotiation or
12-36 in the making of any contract with any business or
12-37 entity in which he or she has a financial interest.
12-38 (b) Any elected official, appointed officer, or employee who
12-39 has any private financial interest, directly or indirectly,
12-40 in any contract or matter pending before or within any
12-41 department of the town shall disclose such private interest
12-42 to the town council. The mayor or any councilmember who has
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13- 1 a private interest in any matter pending before the town
13- 2 council shall disclose such private interest and such
13- 3 disclosure shall be entered on the records of the town
13- 4 council, and he or she shall disqualify himself or herself
13- 5 from participating in any decision or vote relating thereto.
13- 6 Any elected official, appointed officer, or employee of any
13- 7 agency or political entity to which this charter applies who
13- 8 shall have any private financial interest, directly or
13- 9 indirectly, in any contract or matter pending before or
13-10 within such entity shall disclose such private interest to
13-11 the governing body of such agency or entity.
13-12 (c) No elected official, appointed officer, or employee of
13-13 the town or any agency or entity to which this charter
13-14 applies shall use property owned by such governmental entity
13-15 for personal benefit, convenience, or profit, except in
13-16 accordance with policies promulgated by the town council or
13-17 the governing body of such agency or entity.
13-18 (d) Any violation of this section which occurs with the
13-19 knowledge, express or implied, of a party to a contract or
13-20 sale shall render said contract or sale voidable at the
13-21 option of the town council.
13-22 (e) Except as authorized by law, no member of the council
13-23 shall hold any other elective town office or other town
13-24 employment during the term for which elected. The
13-25 provisions of this subsection shall not apply to any person
13-26 holding employment on the effective date of this Act.
13-27 SECTION 2.17.
13-28 Removal of officers.
13-29 (a) The mayor, a councilmember, or other appointed officers
13-30 provided for in this charter shall be removed from office
13-31 for any one or more of the following causes:
13-32 (1) Incompetence, misfeasance, or malfeasance in office;
13-33 (2) Conviction of a crime involving moral turpitude;
13-34 (3) Failure at any time to possess any qualifications of
13-35 office as provided by this charter or by law;
13-36 (4) Knowingly violating Section 2.16 or any other
13-37 express prohibition of this charter;
13-38 (5) Abandonment of office or neglect to perform the
13-39 duties thereof; or
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14- 1 (6) Failure for any other cause to perform the duties of
14- 2 office as required by this charter or by state law.
14- 3 (b) Removal of any officer pursuant to subsection (a) of
14- 4 this section shall be accomplished by one of the following
14- 5 methods:
14- 6 (1) By the vote of three councilmembers after an
14- 7 investigative hearing. In the event an elected officer
14- 8 is sought to be removed by the action of the town
14- 9 council, such officer shall be entitled to a written
14-10 notice specifying the ground or grounds for removal and
14-11 to a public hearing which shall be held not less than
14-12 ten days after the service of such written notice. Any
14-13 elected officer sought to be removed from office as
14-14 provided in this section shall have the right of appeal
14-15 from the decision of the town council to the Superior
14-16 Court of Hart County. Such appeal shall be governed by
14-17 the same rules as govern appeals to the superior court
14-18 from the probate court; or
14-19 (2) By an order of the Superior Court of Hart County
14-20 following a hearing on a complaint seeking such removal
14-21 brought by any resident of the Town of Bowersville.
ARTICLE III
14-22 ORGANIZATION OF GOVERNMENT, GENERAL
14-23 AUTHORITY, AND ORDINANCES
14-24 SECTION 3.10.
14-25 General power and authority.
14-26 Except as otherwise provided by this charter, the town
14-27 council shall be vested with all the powers of government of
14-28 this town as provided by Article I of this charter.
14-29 SECTION 3.11.
14-30 Organization.
14-31 (a) The town council shall hold an organizational meeting at
14-32 the first regular meeting in January following an election.
14-33 The meeting shall be called to order by the town clerk and
14-34 the oath of the office shall be administered to the newly
14-35 elected members as follows:
14-36 "I do solemnly (swear) (affirm) that I will faithfully
14-37 perform the duties of (mayor) (councilmember) of this town
14-38 and that I will support and defend the charter thereof as
14-39 well as the Constitution and laws of the State of Georgia
14-40 and of the United States of America."
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15- 1 (b) By a majority vote, the town council shall elect a
15- 2 councilmember to serve as mayor pro tempore. The mayor pro
15- 3 tempore shall preside at all meetings of the town council
15- 4 and shall assume the duties and powers of the mayor during
15- 5 any disability or absence of the mayor. Any such disability
15- 6 or absence shall be declared by a majority vote of the town
15- 7 council. The town council shall by majority vote elect a
15- 8 presiding officer from its number for any period in which
15- 9 the mayor pro tempore is disabled, absent, or acting as
15-10 mayor. Such absence or disability shall be declared by
15-11 majority vote of the town council.
15-12 SECTION 3.12.
15-13 Inquiries and investigations.
15-14 The town council may make inquiries and investigations into
15-15 the affairs of the town and the conduct of any department,
15-16 office, or agency thereof and for this purpose may subpoena
15-17 witnesses, administer oaths, take testimony, and require the
15-18 production of evidence. Any person who fails or refuses to
15-19 obey a lawful order issued in the exercise of these powers
15-20 by the council shall be punished as provided by ordinance.
15-21 SECTION 3.13.
Meetings.
15-22 (a) The town council shall hold regular meetings at such
15-23 times and places as prescribed by ordinance.
15-24 (b) Special meetings of the town council may be held on call
15-25 of the mayor or two members of the town council. Notice of
15-26 such special meeting shall be served on all other members
15-27 personally, or by telephone personally, at least 48 hours in
15-28 advance of the meeting. Such notice to councilmembers shall
15-29 not be required if the mayor and all councilmembers are
15-30 present when the special meeting is called. Such notice of
15-31 any special meeting may be waived by a councilmember in
15-32 writing before or after such a meeting and attendance at the
15-33 meeting shall also constitute a waiver of notice on any
15-34 business transacted in such councilmember's presence. Only
15-35 the business stated in the call may be transacted at the
15-36 special meeting.
15-37 (c) All meetings of the town council shall be public to the
15-38 extent required by law and notice to the public of special
15-39 meetings shall be given as required by law.
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16- 1 SECTION 3.14.
Procedures.
16- 2 (a) The town council shall adopt its rules of procedure and
16- 3 order of business consistent with the provisions of this
16- 4 charter and shall provide for keeping a journal of its
16- 5 proceedings which shall be a public record.
16- 6 (b) All committees and committee chairpersons and officers
16- 7 of the town council shall be appointed by the mayor and
16- 8 shall serve at the pleasure of the mayor. The mayor shall
16- 9 have the power to appoint new members to any committee at
16-10 any time.
16-11 SECTION 3.15.
Voting.
16-12 (a) Except as otherwise provided in subsection (b) of this
16-13 section, three councilmembers shall constitute a quorum and
16-14 shall be authorized to transact the business of the town
16-15 council. Voting on the adoption of ordinances shall be by
16-16 voice vote and the vote shall be recorded in the journal,
16-17 but any member of the town council shall have the right to
16-18 request a roll-call vote and such vote shall be recorded in
16-19 the journal. Except as otherwise provided in this charter,
16-20 the affirmative vote of three councilmembers shall be
16-21 required for the adoption of any ordinance, resolution, or
16-22 motion.
16-23 (b) In the event vacancies in office result in less than a
16-24 quorum of councilmembers holding office, then the remaining
16-25 councilmembers in office shall constitute a quorum and shall
16-26 be authorized to transact business of the town council. A
16-27 vote of a majority of the remaining councilmembers shall be
16-28 required for the adoption of any ordinance, resolution, or
16-29 motion.
16-30 SECTION 3.16.
Ordinances.
16-31 (a) Every proposed ordinance shall be introduced in writing
16-32 and in the form required for final adoption. No ordinance
16-33 shall contain a subject which is not expressed in its title.
16-34 The enacting clause shall be "The Council of the Town of
16-35 Bowersville hereby ordains..." and every ordinance shall so
16-36 begin.
16-37 (b) An ordinance may be introduced by any councilmember and
16-38 be read at a regular or special meeting of the town council.
16-39 Ordinances shall be considered and adopted or rejected by
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17- 1 the town council in accordance with the rules which it shall
17- 2 establish; provided, however, an ordinance shall not be
17- 3 adopted the same day it is introduced, except for emergency
17- 4 ordinances provided for in Section 3.18. Upon introduction
17- 5 of any ordinance, the clerk shall, as soon as possible,
17- 6 distribute a copy to the mayor and to each councilmember and
17- 7 shall file a reasonable number of copies in the office of
17- 8 the clerk and at such other public places as the town
17- 9 council may designate.
17-10 SECTION 3.17.
17-11 Effect of ordinances.
17-12 Acts of the town council which have the force and effect of
17-13 law shall be enacted by ordinance.
17-14 SECTION 3.18.
Emergencies.
17-15 To meet a public emergency affecting life, health, property,
17-16 or public peace, the town council may convene on call of the
17-17 mayor or two councilmembers and may promptly adopt an
17-18 emergency ordinance, but such ordinance shall not levy
17-19 taxes; grant, renew, or extend a franchise; regulate the
17-20 rate charged by any public utility for its services; or
17-21 authorize the borrowing of money except for loans to be
17-22 repaid within 30 days. An emergency ordinance shall be
17-23 introduced in the form prescribed for ordinances generally,
17-24 except that it shall be plainly designated as an emergency
17-25 ordinance and shall contain, after the enacting clause, a
17-26 declaration stating that an emergency exists and describing
17-27 the emergency in clear and specific terms. An emergency
N ordinance may be adopted, with or without amendment, or
17-29 rejected at the meeting at which it is introduced, but the
17-30 affirmative vote of a majority of the councilmembers voting
17-31 shall be required for adoption. It shall become effective
17-32 upon adoption or at such later time as it may specify.
17-33 Every emergency ordinance shall automatically stand repealed
17-34 30 days following the date upon which it was adopted, but
17-35 this shall not prevent reenactment of the ordinance in the
17-36 manner specified in this section if the emergency continues
17-37 to exist. An emergency ordinance shall also be repealed by
17-38 adoption of a repealing ordinance in the same manner
17-39 specified in this section for adoption of emergency
17-40 ordinances.
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18- 1 SECTION 3.19.
Codes.
18- 2 (a) The town council may adopt any standard code of
18- 3 technical regulations by reference thereto in an adopting
18- 4 ordinance. The procedure and requirements governing such
18- 5 adopting ordinance shall be as prescribed for ordinances
18- 6 generally except that: (1) the requirements of subsection
18- 7 (b) of Section 3.16 of this charter for distribution and
18- 8 filing of copies of the ordinance shall be construed to
18- 9 include copies of any code of technical regulations, as well
18-10 as the adopting ordinance; and (2) a copy of each adopted
18-11 code of technical regulations, as well as the adopting
18-12 ordinance, shall be authenticated and recorded by the clerk
18-13 pursuant to Section 3.20 of this charter.
18-14 (b) Copies of any adopted code of technical regulations
18-15 shall be made available by the clerk for distribution or for
18-16 purchase at a reasonable price.
18-17 SECTION 3.20.
18-18 Codification of ordinances.
18-19 (a) The clerk shall authenticate by the clerk's signature
18-20 and record in full in a properly indexed book kept for that
18-21 purpose all ordinances adopted by the council.
18-22 (b) The town shall provide for the preparation of a general
18-23 codification of all the ordinances of the town having the
18-24 force and effect of law. The general codification shall be
18-25 adopted by the town council by ordinance and shall be
18-26 published promptly together with all amendments thereto and
18-27 shall contain such codes of technical regulations and other
18-28 rules and regulations as the town council may specify. This
18-29 compilation shall be known and cited officially as "The Code
18-30 of the Town of Bowersville, Georgia." Copies of the code
18-31 shall be furnished to all officers, departments, and
18-32 agencies of the town and shall be made available for
18-33 purchase by the public at a reasonable price as fixed by the
18-34 town council.
18-35 (c) The town council shall cause each ordinance and each
18-36 amendment to this charter to be printed promptly following
18-37 its adoption, and the printed ordinances and charter
18-38 amendments shall be made available for purchase by the
18-39 public at reasonable prices to be fixed by the town council.
18-40 Following publication of the first code under this charter
18-41 and at all times thereafter, the ordinances and charter
18-42 amendments shall be printed in substantially the same style
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19- 1 as the code then in effect and shall be suitable in form for
19- 2 incorporation within the code. The town council shall make
19- 3 such further arrangements as deemed desirable with
19- 4 reproduction and distribution of any changes in or additions
19- 5 to codes of technical regulations and other rules and
19- 6 regulations included in the code.
19- 7 SECTION 3.21.
19- 8 Chief executive officer; delegation of powers.
19- 9 The mayor shall be the chief executive of this town. The
19-10 mayor shall possess all of the executive and administrative
19-11 powers granted to the town under the Constitution and laws
19-12 of the State of Georgia, and all the executive and
19-13 administrative powers contained in this charter, except as
19-14 otherwise specifically provided in this Act. The mayor
19-15 shall have the authority to delegate any one or more
19-16 executive or administrative powers to a person or persons
19-17 employed by the town and qualified in management and
19-18 administration.
19-19 SECTION 3.22.
19-20 Powers and duties of mayor.
19-21 As the chief executive of this town, the mayor shall:
19-22 (1) See that all laws and ordinances of the town are
19-23 faithfully executed;
19-24 (2) Appoint and remove, for cause, with confirmation of
19-25 appointment or removal by the council, all officers,
19-26 department heads, and employees of the town except as
19-27 otherwise provided in this charter;
19-28 (3) Exercise supervision over all executive and
19-29 administrative work of the town and provide for the
19-30 coordination of administrative activities;
19-31 (4) Prepare and submit to the council a recommended
19-32 annual operating budget and recommended capital budget;
19-33 (5) Submit to the council at least once a year a
19-34 statement covering the financial conditions of the town
19-35 and from time to time such other information as the town
19-36 council may request;
19-37 (6) Call special meetings of the town council as
19-38 provided for in Section 3.13;
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20- 1 (7) Participate in the discussion of all matters brought
20- 2 before the town council and vote on such matters only in
20- 3 the case of a tie vote;
20- 4 (8) Recommend to the town council such measures relative
20- 5 to the affairs of the town, improvement of the
20- 6 government, and promotion of the welfare of its
20- 7 inhabitants as the mayor may deem expedient;
20- 8 (9) Approve or disapprove ordinances as provided in
20- 9 Section 3.23;
20-10 (10) Require any department or agency of the town to
20-11 submit written reports whenever the mayor deems it
20-12 expedient;
20-13 (11) Sign as a matter of course all written contracts,
20-14 ordinances, and other instruments executed by the town
20-15 which by law are required to be in writing; and
20-16 (12) Perform such other duties as may be required by
20-17 general state law, this charter, or ordinance.
20-18 SECTION 3.23.
20-19 Submission of ordinances to the mayor; veto power.
20-20 (a) Every ordinance adopted by the town council shall be
20-21 presented by the town clerk to the mayor within three days
20-22 after its adoption.
20-23 (b) The mayor shall within ten days of receipt of an
20-24 ordinance return it to the town clerk with or without the
20-25 mayor's approval, or with the mayor's disapproval. If the
20-26 ordinance has been approved by the mayor, it shall become
20-27 law upon its return to the town clerk; if the ordinance is
20-28 neither approved nor disapproved, it shall become law on the
20-29 fifteenth day after its adoption; if the ordinance is
20-30 disapproved, the mayor shall submit to the town council
20-31 through the town clerk a written statement of the reasons
20-32 for the veto. The town clerk shall record upon the ordinance
20-33 the date of its delivery to and receipt from the mayor.
20-34 (c) Ordinances vetoed by the mayor shall be presented by the
20-35 town clerk to the town council at its next meeting and
20-36 should the town council then or at its next general meeting
20-37 adopt the ordinance by an affirmative vote of the entire
20-38 council, it shall become law.
20-39 (d) The mayor may disapprove or reduce any item or items of
20-40 appropriation in any ordinance. The approved part or parts
20-41 of any ordinance making appropriations shall become law, and
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21- 1 the part or parts disapproved shall not become law unless
21- 2 subsequently passed by the town council over the mayor's
21- 3 veto as provided in this section. The reduced part or parts
21- 4 shall be presented to the town council as though disapproved
21- 5 and shall not become law unless overridden by the council as
21- 6 provided in subsection (c) of this section.
ARTICLE IV
21- 7 ADMINISTRATIVE AFFAIRS
21- 8 SECTION 4.10.
21- 9 Department heads.
21-10 (a) Except as otherwise provided in this charter, the town
21-11 council by ordinance shall prescribe the functions or duties
21-12 and establish, abolish, or alter all nonelective offices,
21-13 positions of employment, departments, and agencies of the
21-14 town as necessary for the proper administration of the
21-15 affairs and government of this town.
21-16 (b) Except as otherwise provided by this charter or by law,
21-17 the directors of departments and other officers of the town
21-18 shall be appointed solely on the basis of their respective
21-19 administrative and professional qualifications.
21-20 (c) All appointed officers and directors of departments
21-21 shall receive such compensation as prescribed by ordinance.
21-22 (d) There shall be a director of each department or agency
21-23 who shall be its principal officer. Each director shall,
21-24 subject to the direction and supervision of the mayor, be
21-25 responsible for the administration and direction of the
21-26 affairs and operations of the director's department or
21-27 agency.
21-28 (e) All directors under the supervision of the mayor shall
21-29 be nominated by the mayor with confirmation of appointment
21-30 by the town council. The mayor may suspend or remove
21-31 directors under the mayor's supervision but such suspension
21-32 or removal shall not be effective for ten calendar days
21-33 following the mayor's giving written notice of such action
21-34 and the reason therefor to the director involved and to the
21-35 town council. The director involved may appeal to the town
21-36 council which, after a hearing, may override the mayor's
21-37 action by a vote of three councilmembers.
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22- 1 SECTION 4.11.
Boards.
22- 2 (a) The town council shall create by ordinance such boards,
22- 3 commissions, and authorities to fulfill any investigative,
22- 4 quasi-judicial, or quasi-legislative function the town
22- 5 council deems necessary and shall by ordinance establish the
22- 6 composition, period of existence, duties, and powers
22- 7 thereof.
22- 8 (b) All members of boards, commissions, and authorities of
22- 9 the town shall be appointed by the town council for such
22-10 terms of office and in such manner as shall be provided by
22-11 ordinance, except where other appointing authority, terms of
22-12 office, or manner of appointment is prescribed by this
22-13 charter or by law.
22-14 (c) The town council, by ordinance, may provide for the
22-15 compensation and reimbursement for actual and necessary
22-16 expenses of the members of any board, commission, or
22-17 authority.
22-18 (d) Except as otherwise provided by charter or by law, no
22-19 member of any board, commission, or authority shall hold any
22-20 elective office in the town.
22-21 (e) Any vacancy on a board, commission, or authority of the
22-22 town shall be filled for the unexpired term in the manner
22-23 prescribed for the original appointment, except as otherwise
22-24 provided by this charter or by law.
22-25 (f) No member of a board, commission, or authority shall
22-26 assume office until he or she has executed and filed with
22-27 the clerk of the town an oath obligating himself or herself
22-28 to perform faithfully and impartially the duties of the
22-29 office, such oath to be prescribed by ordinance and
22-30 administered by the mayor.
22-31 (g) Any member of a board, commission, or authority may be
22-32 removed from office for cause by a vote of three members of
22-33 the town council.
22-34 (h) Except as otherwise provided by this charter or by law,
22-35 each board, commission, or authority of the town shall elect
22-36 one of its members as chairperson and one member as
22-37 vice-chairperson, and may elect as its secretary one of its
22-38 members or may appoint as secretary an employee of the town.
22-39 Each board, commission, or authority of the town government
22-40 may establish such bylaws, rules, and regulations, not
22-41 inconsistent with this charter, an ordinance of the town, or
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23- 1 law, as it deems appropriate and necessary for the
23- 2 fulfillment of its duties or the conduct of its affairs.
23- 3 Copies of such bylaws, rules, and regulations shall be filed
23- 4 with the clerk of the town.
23- 5 SECTION 4.12.
23- 6 Town attorney.
23- 7 The town council shall appoint a town attorney who shall be
23- 8 a member of the State Bar of Georgia and shall have actively
23- 9 practiced law for at least one year. The town attorney
23-10 shall serve at the pleasure of the town council. The town
23-11 attorney shall be responsible for representing and defending
23-12 the town in all litigation in which the town is a party, may
23-13 be the prosecuting officer in the municipal court, shall
23-14 attend the meetings of the council as directed, shall advise
23-15 the town council, mayor, and other officers and employees of
23-16 the town concerning legal aspects of the town's affairs, and
23-17 shall perform such other duties as may be required by virtue
23-18 of the position of town attorney. The town council shall
23-19 provide for the compensation of the town attorney.
23-20 SECTION 4.13.
Town clerk.
23-21 The town council shall appoint a town clerk who shall not be
23-22 a councilmember. The town clerk shall be custodian of the
23-23 official town seal, maintain town council records required
23-24 by this charter, and perform such other duties as may be
23-25 required by the town council. The town council shall
23-26 provide for the compensation of the town clerk.
23-27 SECTION 4.14.
Treasurer.
23-28 The town council shall appoint a town treasurer to collect
23-29 all taxes, licenses, fees, and other moneys belonging to the
23-30 town subject to the provisions of this charter and the
23-31 ordinances of the town and to enforce all laws of Georgia
23-32 relating to the collection of delinquent taxes and sale or
23-33 foreclosure for nonpayment of taxes to the town. The town
23-34 treasurer shall also be responsible for the general duties
23-35 of a treasurer and fiscal officer. The town council shall
23-36 provide for the compensation of the treasurer.
23-37 SECTION 4.15.
23-38 Rules and regulations.
23-39 The town council shall adopt rules and regulations
23-40 consistent with this charter concerning:
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24- 1 (1) The method of employee selection and probationary
24- 2 periods of employment;
24- 3 (2) The administration of a position classification and
24- 4 pay plan, methods of promotion and applications of
24- 5 service ratings thereto, and transfer of employees
24- 6 within the classification plan;
24- 7 (3) Hours of work, vacation, sick leave, and other
24- 8 leaves of absence, overtime pay, and the order and
24- 9 manner in which layoffs shall be effected;
24-10 (4) Such dismissal hearings as due process may require;
24-11 and
24-12 (5) Such other personnel notices as may be necessary to
24-13 provide for adequate and systematic handling of
24-14 personnel affairs.
ARTICLE V
24-15 JUDICIAL BRANCH
24-16 SECTION 5.10.
24-17 Municipal court.
24-18 There shall be a court to be known as the Municipal Court of
24-19 the Town of Bowersville.
24-20 SECTION 5.11.
Judges.
24-21 (a) The municipal court shall be presided over by a chief
24-22 judge and such part-time, full-time, or stand-by judges as
24-23 shall be provided by ordinance. The method of selection and
24-24 terms of such judges shall be provided by ordinance.
24-25 (b) No person shall be qualified or eligible to serve as a
24-26 judge on the municipal court unless that person shall have
24-27 attained the age of 21 years and shall be a member of the
24-28 State Bar of Georgia. All judges shall be appointed by the
24-29 town council.
24-30 (c) Compensation of the judge or judges shall be fixed by
24-31 ordinance.
24-32 (d) Judges may be removed for cause by a vote of three
24-33 members of the town council.
24-34 (e) Before assuming office, each judge shall take an oath,
24-35 given by the mayor, that the judge will honestly and
24-36 faithfully discharge the duties of the office to the best of
24-37 his or her ability and without fear, favor, or partiality.
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25- 1 The oath shall be entered upon the minutes of the town
25- 2 council journal required in Section 3.14 of this charter.
25- 3 SECTION 5.12.
25- 4 Convening of court.
25- 5 The municipal court shall be convened at regular intervals
25- 6 as provided by ordinance.
25- 7 SECTION 5.13.
Powers.
25- 8 (a) The municipal court shall try and punish violations of
25- 9 this charter, all town ordinances, and such other violations
25-10 as provided by law.
25-11 (b) The municipal court shall have the authority to punish
25-12 those in its presence for contempt, provided that such
25-13 punishment shall not exceed a fine of $200.00 or ten days in
25-14 jail.
25-15 (c) The municipal court may fix punishment for offenses
25-16 within its jurisdiction not exceeding a fine of $500.00 or
25-17 imprisonment for 90 days or both such fine and imprisonment
25-18 or may fix punishment by fine, imprisonment, or alternative
25-19 sentencing as now or hereafter provided by law.
25-20 (d) The municipal court shall have the authority to
25-21 establish a schedule of fees to defray the cost of operation
25-22 and shall be entitled to reimbursement of the actual cost of
25-23 meals, transportation, and caretaking of prisoners bound
25-24 over to superior courts for violation of state law.
25-25 (e) The municipal court shall have authority to establish
25-26 bail and recognizances to ensure the presence of those
25-27 charged with violations before said court and shall have
25-28 discretionary authority to accept cash or personal or real
25-29 property as surety bond for the appearance of persons
25-30 charged with violations. Whenever any person shall give
25-31 bail for appearance and shall fail to appear at the time
25-32 fixed for trial, the bond shall be forfeited by the judge
25-33 presiding at such time and an execution shall be issued
25-34 thereon by serving the defendant and his or her sureties
25-35 with a rule nisi at least two days before a hearing on the
25-36 rule nisi.
25-37 (f) The municipal court shall have the same authority as
25-38 superior courts to compel the production of evidence in the
25-39 possession of any party; to enforce obedience to its orders,
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26- 1 judgments, and sentences; and to administer such oaths as
26- 2 are necessary.
26- 3 (g) The municipal court shall have the authority to bind
26- 4 prisoners over to the appropriate court when it appears by
26- 5 probable cause that state law has been violated.
26- 6 (h) Each judge of the municipal court may compel the
26- 7 presence of all parties necessary to a proper disposal of
26- 8 each case by the issuance of summonses, subpoenas, and
26- 9 warrants which may be served as executed by any officer as
26-10 authorized by this charter or by law.
26-11 (i) Each judge of the municipal court shall be authorized to
26-12 issue warrants for the arrest of persons charged with
26-13 offenses against any ordinance of the town, and each judge
26-14 of the municipal court shall have the same authority as a
26-15 magistrate of the state to issue warrants for offenses
26-16 against state laws committed within the town.
26-17 (j) The municipal court is specifically vested with all the
26-18 jurisdiction and powers throughout the geographic area of
26-19 this town granted by law to municipal courts and
26-20 particularly by such laws as authorize the abatement of
26-21 nuisances and prosecution of traffic violations.
26-22 SECTION 5.14.
Certiorari.
26-23 The right of certiorari from the decision and judgment of
26-24 the municipal court shall exist in all criminal cases and
26-25 ordinance violation cases, and such certiorari shall be
26-26 obtained under the sanction of a judge of the Superior Court
26-27 of Hart County, under the laws of the State of Georgia
26-28 regulating the granting and issuance of writs of certiorari.
26-29 SECTION 5.15.
Rules.
26-30 With the approval of the town council, the judge shall have
26-31 full power and authority to make reasonable rules and
26-32 regulations necessary and proper to secure the efficient and
26-33 successful administration of the municipal court; provided,
26-34 however, that the town council may adopt in part or in toto
26-35 the rules and regulations applicable to superior courts.
26-36 The rules and regulations made or adopted shall be filed
26-37 with the town clerk, shall be available for public
26-38 inspection, and, upon request, shall be furnished to all
26-39 defendants in municipal court proceedings at least 48 hours
26-40 prior to said proceedings.
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ARTICLE VI
FINANCE
27- 1 SECTION 6.10.
27- 2 Property tax.
27- 3 The town council may assess, levy, and collect an ad valorem
27- 4 tax on all real and personal property within the corporate
27- 5 limits of the town that is subject to such taxation by the
27- 6 state and county. This tax is for the purpose of raising
27- 7 revenues to defray the costs of operating the town
27- 8 government, of providing governmental services, for the
27- 9 repayment of principal and interest on general obligations,
27-10 and for any other public purpose as determined by the town
27-11 council in its discretion.
27-12 SECTION 6.11.
Millage.
27-13 The town council by ordinance shall establish a millage rate
27-14 for the town property tax, a due date, and the time period
27-15 within which these taxes must be paid. The town council by
27-16 ordinance may provide for the payment of these taxes by
27-17 installments or in one lump sum, as well as authorize the
27-18 voluntary payment of taxes prior to the time when due.
27-19 SECTION 6.12.
27-20 Occupation taxes and business license fees.
27-21 The town council by ordinance shall have the power to levy
27-22 such occupation or business taxes as are not denied by law.
27-23 Such taxes may be levied on both individuals and
27-24 corporations who transact business in this town or who
27-25 practice or offer to practice any profession or calling
27-26 within the town to the extent such persons have a
27-27 constitutionally sufficient nexus to this town to be so
27-28 taxed. The town council may classify businesses,
27-29 occupations, professions, or callings for the purpose of
27-30 such taxation in any way which may be lawful and may compel
27-31 the payment of such taxes as provided in Section 6.18 of
27-32 this charter.
27-33 SECTION 6.13.
Licenses.
27-34 The town council by ordinance shall have the power to
27-35 require any individual or corporation who transacts business
27-36 in this town or who practices or offers to practice any
27-37 profession or calling within the town to obtain a license or
27-38 permit for such activity from the town and pay a reasonable
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28- 1 fee for such license or permit where such activities are not
28- 2 now regulated by general law in such a way as to preclude
28- 3 town regulations. Such fees may reflect the total cost to
28- 4 the town of regulating the activity and, if unpaid, shall be
28- 5 collected as provided in Section 6.18 of this charter. The
28- 6 town council by ordinance may establish reasonable
28- 7 requirements for obtaining or keeping such licenses as the
28- 8 public health, safety, and welfare necessitate.
28- 9 SECTION 6.14.
Franchises.
28-10 The town council shall have the power to grant franchises
28-11 for the use of this town's streets and alleys for the
28-12 purposes of railroads, street railways, telephone companies,
28-13 electric companies, cable television companies, gas
28-14 companies, transportation companies, and other similar
28-15 organizations. The town council shall determine the
28-16 duration, terms, whether the same shall be exclusive or
28-17 nonexclusive, and the consideration for such franchises;
28-18 provided, however, that no franchise shall be granted for a
28-19 period in excess of 35 years and no franchise shall be
28-20 granted unless the town receives just and adequate
28-21 compensation therefor. The town council shall provide for
28-22 the registration of all franchises with the town clerk in a
28-23 registration book kept by the clerk. The town council may
28-24 provide by ordinance for the registration within a
28-25 reasonable time of all franchises previously granted.
28-26 SECTION 6.15.
Sewer fees.
28-27 The town council by ordinance shall have the power to assess
28-28 and collect fees, charges, and tolls for sewers, sanitary
28-29 and health services, or any other services provided or made
28-30 available inside or outside the corporate limits of the town
28-31 for the total cost to the town of providing or making
28-32 available such services. If unpaid, such charges shall be
28-33 collected as provided in Section 6.18 of this charter.
28-34 SECTION 6.16.
Roads.
28-35 The town council by ordinance shall have the power to
28-36 assess, charge, and collect the costs of constructing,
28-37 reconstructing, widening, or improving any public way,
28-38 street, sidewalk, curbing, gutters, sewers, or other utility
28-39 mains and appurtenances from the abutting property owners
28-40 under such terms and conditions as are reasonable. If
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29- 1 unpaid, such charges shall be collected as provided in
29- 2 Section 6.18 of this charter.
29- 3 SECTION 6.17.
Other taxes.
29- 4 This town shall be empowered to levy any other tax allowed
29- 5 now or hereafter by law, and the specific mention of any
29- 6 right, power, or authority in this article shall not be
29- 7 construed as limiting in any way the general powers of this
29- 8 town to govern its local affairs.
29- 9 SECTION 6.18.
29-10 Collection of delinquent taxes.
29-11 The town council by ordinance may provide generally for the
29-12 collection of delinquent taxes, fees, or other revenue due
29-13 the town under Sections 6.10 through 6.17 of this charter by
29-14 whatever reasonable means as are not precluded by law. This
29-15 shall include providing for the dates when the taxes or fees
29-16 are due, late penalties or interest, issuance and execution
29-17 of fi. fas., creation and priority of liens, making
29-18 delinquent taxes and fees personal debts of the persons
29-19 required to pay the taxes or fees imposed, revoking town
29-20 licenses for failure to pay any town taxes or fees, and
29-21 providing for the assignment or transfer of tax executions.
29-22 SECTION 6.19.
Borrowing.
29-23 The town council shall have the power to issue bonds for the
29-24 purpose of raising revenue to carry out any project,
29-25 program, or venture authorized under this charter or the
29-26 laws of the state. Such bonding authority shall be exercised
29-27 in accordance with the laws governing bond issuance by
29-28 municipalities in effect at the time said issue is
29-29 undertaken.
29-30 SECTION 6.20.
29-31 Revenue bonds.
29-32 Revenue bonds may be issued by the town council as state law
29-33 now or hereafter provides. Such bonds are to be paid out of
29-34 any revenue produced by the project, program, or venture for
29-35 which they were issued.
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30- 1 SECTION 6.21.
Loans.
30- 2 The town may obtain short-term loans and must repay such
30- 3 loans not later than December 31 of each year, unless
30- 4 otherwise provided by law.
30- 5 SECTION 6.22.
30- 6 Accounting and budgeting.
30- 7 The town council shall set the fiscal year by ordinance.
30- 8 This fiscal year shall constitute the budget year and the
30- 9 year for financial accounting and reporting of each and
30-10 every office, department, agency, and activity of the town
30-11 government.
30-12 SECTION 6.23.
30-13 Budget ordinance.
30-14 The town council shall provide an ordinance on the
30-15 procedures and requirements for the preparation and
30-16 execution of an annual operating budget, a capital
30-17 improvement program, and a capital budget, including
30-18 requirements as to the scope, content, and form of such
30-19 budgets and programs. The town council shall comply with
30-20 the provisions of Chapter 81 of Title 36 of the O.C.G.A.
30-21 SECTION 6.24.
30-22 Operating budget.
30-23 On or before a date fixed by the town council but not later
30-24 than 60 days prior to the beginning of each fiscal year, the
30-25 mayor shall submit to the town council a proposed operating
30-26 budget for the ensuing fiscal year. The budget shall be
30-27 accompanied by a message from the mayor containing a
30-28 statement of the general fiscal policies of the town, the
30-29 important features of the budget, explanations of major
30-30 changes recommended for the next fiscal year, a general
30-31 summary of the budget, and such other comments and
30-32 information as the mayor may deem pertinent. The operating
30-33 budget, the capital improvements budget, the budget message,
30-34 and all supporting documents shall be filed in the office of
30-35 the town clerk and shall be open to public inspection.
30-36 SECTION 6.25.
Adoption.
30-37 (a) The town council may amend the operating budget proposed
30-38 by the mayor, except that the budget as finally amended and
30-39 adopted must provide for all expenditures required by state
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31- 1 law or by other provisions of this charter and for all debt
31- 2 service requirements for the ensuing fiscal year. The total
31- 3 appropriations from any fund shall not exceed the estimated
31- 4 fund balance, reserves, and revenues.
31- 5 (b) After the conducting of a budget hearing, the town
31- 6 council shall adopt the final operating budget for the
31- 7 ensuing fiscal year not later than such annual date set by
31- 8 ordinance for such purpose. If the town council fails to
31- 9 adopt the budget by said date, the amounts appropriated for
31-10 operation for the then current fiscal year shall be deemed
31-11 adopted for the ensuing fiscal year on a month-to-month
31-12 basis, with all items prorated accordingly, until such time
31-13 as the town council adopts a budget for the ensuing fiscal
31-14 year. Adoption of the budget shall take the form of an
31-15 appropriations ordinance setting out the estimated revenues
31-16 in detail by sources and making appropriations according to
31-17 fund and by organizational unit, purpose, or activity as set
31-18 out in the budget preparation ordinance adopted pursuant to
31-19 Section 6.23 of this charter.
31-20 (c) The amount set out in the adopted operating budget for
31-21 each organizational unit shall constitute the annual
31-22 appropriation for such, and no expenditure shall be made or
31-23 encumbrance created in excess of the otherwise unencumbered
31-24 balance of the appropriations or allotments thereof to which
31-25 it is chargeable.
31-26 SECTION 6.26.
31-27 Levy of taxes.
31-28 Following adoption of the operating budget, the town council
31-29 shall levy by ordinance such taxes as are necessary. The
31-30 taxes and tax rates set by such ordinance shall be such that
31-31 reasonable estimates of revenues from such levy shall at
31-32 least be sufficient, together with other anticipated
31-33 revenues, fund balances, and applicable reserves, to equal
31-34 the total amount appropriated for each of the several funds
31-35 set forth in the annual operating budget for defraying the
31-36 expense of the general government of this town.
31-37 SECTION 6.27.
31-38 Changes in budget.
31-39 The town council by majority vote may make changes in the
31-40 appropriations contained in the current operating budget at
31-41 any regular meeting or special or emergency meeting called
31-42 for such purposes.
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32- 1 SECTION 6.28.
32- 2 Capital improvements.
32- 3 (a) On or before the date fixed by the town council, but not
32- 4 later than 60 days prior to the beginning of each fiscal
32- 5 year, the mayor shall submit to the town council a proposed
32- 6 capital improvements budget with any recommendations as to
32- 7 the means of financing the improvements proposed for the
32- 8 ensuing year. The town council shall have the power to
32- 9 accept, with or without amendments, or reject the proposed
32-10 program and proposed means of financing. The town council
32-11 shall not authorize an expenditure for the construction of
32-12 any building, structure, work, or improvement, unless the
32-13 appropriations for such project are included in the capital
32-14 improvements budget, except to meet a public emergency as
32-15 provided in Section 3.17 of this charter.
32-16 (b) After the conducting of a public hearing, the town
32-17 council shall adopt by ordinance the final capital
32-18 improvements budget for the ensuing fiscal year not later
32-19 than such annual date set by ordinance for such purpose. No
32-20 appropriations provided for in a prior capital improvements
32-21 budget shall lapse until the purpose for which the
32-22 appropriations were made shall have been accomplished or
32-23 abandoned; provided, however, the mayor may submit
32-24 amendments to the capital improvements budget at any time
32-25 during the fiscal year, accompanied by any recommendations.
32-26 Any such amendments to the capital improvements budget shall
32-27 become effective only upon adoption by majority vote of the
32-28 town council.
32-29 SECTION 6.29.
Audits.
32-30 There shall be an annual independent audit of all town
32-31 accounts, funds, and financial transactions by a certified
32-32 public accountant selected by the town council. The audit
32-33 shall be conducted according to generally accepted
32-34 accounting principles. Any audit of any funds by the state
32-35 or federal government may be accepted as satisfying the
32-36 requirements of this charter. Copies of all audit reports
32-37 shall be available at printing costs to the public.
32-38 SECTION 6.30.
32-39 Procurement and property management.
32-40 No contract with the town shall be binding on the town
32-41 unless:
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33- 1 (1) It is in writing;
33- 2 (2) It is drawn or submitted and reviewed by the town
33- 3 attorney and, as a matter of course, is signed by the
33- 4 town attorney to indicate such drafting or review; and
33- 5 (3) It is made or authorized by the town council and
33- 6 such approval is entered in the town council journal of
33- 7 proceedings pursuant to Section 3.14 of this charter.
33- 8 SECTION 6.31.
Purchasing.
33- 9 The town council shall by ordinance prescribe procedures for
33-10 a system of centralized purchasing for the town.
33-11 SECTION 6.32.
33-12 Sale of property.
33-13 (a) The town council may sell and convey any real or
33-14 personal property owned or held by the town for governmental
33-15 or other purposes as now or hereafter provided by law.
33-16 (b) The town council may quitclaim any rights it may have in
33-17 property not needed for public purposes upon request by the
33-18 mayor and adoption of a resolution, both finding that the
33-19 property is not needed for public or other purposes and that
33-20 the interest of the town has no readily ascertainable
33-21 monetary value.
33-22 (c) Whenever in opening, extending, or widening any street,
33-23 avenue, alley, or public place of the town a small parcel or
33-24 tract of land is cut off or separated by such work from a
33-25 larger tract or boundary of land owned by the town, the town
33-26 council may authorize the mayor to execute and deliver in
33-27 the name of the town a deed conveying said cut-off or
33-28 separated parcel or tract of land to an abutting or
33-29 adjoining property owner or owners in exchange for rights of
33-30 way of said street, avenue, alley, or public place when such
33-31 exchange is deemed to be in the best interest of the town.
33-32 All deeds and conveyances heretofore and hereafter so
33-33 executed and delivered shall convey all title and interest
33-34 the town has in such property, notwithstanding the fact that
33-35 no public sale after advertisement was or is hereafter made.
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ARTICLE VII
34- 1 GENERAL PROVISIONS
34- 2 SECTION 7.10.
34- 3 Bonds for officials.
34- 4 The officers and employees of this town, both elected and
34- 5 appointed, shall execute such surety or fidelity bonds in
34- 6 such amounts and upon such terms and conditions as the town
34- 7 council shall from time to time require by ordinance or as
34- 8 may be provided by law.
34- 9 SECTION 7.11.
34-10 Rules and regulations.
34-11 All ordinances, resolutions, rules, and regulations now in
34-12 force in the town not inconsistent with this charter are
34-13 declared valid and of full effect and force until amended or
34-14 repealed by the town council.
34-15 SECTION 7.12.
34-16 Charter language on other general matters.
34-17 Except as specifically provided otherwise by this charter,
34-18 all rights, claims, actions, orders, contracts, and legal or
34-19 administrative proceedings shall continue and any such
34-20 ongoing work or cases shall be completed by such town
34-21 agencies, personnel, or offices as may be provided by the
34-22 town council.
34-23 SECTION 7.13.
34-24 Definitions and construction.
34-25 (a) Section captions in this charter are informative only
34-26 and shall not be considered as a part thereof.
34-27 (b) The word "shall" is mandatory and the word "may" is
34-28 permissive.
34-29 (c) The singular shall include the plural, the masculine
34-30 shall include the feminine, and vice versa.
34-31 SECTION 7.14.
34-32 Specific repealer.
34-33 An Act incorporating and providing a charter for the Town of
34-34 Bowersville in the County of Hart, approved March 23, 1977
34-35 (Ga. L. 1977, p. 3482), is repealed in its entirety.
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35- 1 SECTION 7.15.
35- 2 General repealer.
35- 3 All laws and parts of laws in conflict with this Act are
35- 4 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97