HB 1768 - Bellville, City of; new charter
Georgia House of Representatives - 1995/1996 Sessions
HB 1768 - Bellville, City of; new charter
1. Barnard 154th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 158 Nays 0 Senate Vote: Yeas 46 Nays 0
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House Action Senate
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2/21/96 Read 1st Time 2/28/96
2/26/96 Read 2nd Time
2/27/96 Favorably Reported 3/6/96
2/27/96 Read 3rd Time
2/27/96 Passed/Adopted 3/6/96
4/2/96 Sent to Governor
4/4/96 Signed by Governor
796 Act/Veto Number
7/1/96 Effective Date
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Code Sections amended:
HB 1768 LC 22 2199
A BILL TO BE ENTITLED
AN ACT
1- 1 To reincorporate the City of Bellville; to provide a new
1- 2 charter; to provide for corporate boundaries and maps
1- 3 thereof; to provide for powers and the exercise of powers;
1- 4 to provide for construction; to provide for a city council
1- 5 and for the members and their terms of office,
1- 6 qualifications, residence, vacancies, compensation,
1- 7 expenses, regular and special meetings, oaths, rules,
1- 8 journal, committees, chairpersons and officers, quorum, and
1- 9 voting; to prohibit holding any other city office and acting
1-10 upon matters in which a councilmember or the mayor is
1-11 financially interested; to provide for inquiries,
1-12 investigations, and subpoena power; to provide for eminent
1-13 domain; to provide for the form of ordinances and procedures
1-14 related thereto; to provide for emergency ordinances; to
1-15 provide for the adoption of codes of technical regulations;
1-16 to provide for the authentication, codification, and
1-17 printing of ordinances; to provide for a mayor and such
1-18 official's election, term of office, qualifications,
1-19 residence, compensation, powers, duties, veto power; to
1-20 provide for a mayor pro tempore and such official's
1-21 selection and duties; to provide for administrative and
1-22 service departments and the directors thereof and such
1-23 directors' appointment, compensation, responsibilities,
1-24 nomination, removal, and suspension; to provide for boards,
1-25 commissions, and authorities and their creation,
1-26 composition, duties, powers, and their members' appointment,
1-27 compensation, expenses, oaths, removal, officers, and
1-28 bylaws; to provide for a city attorney, city clerk, position
1-29 classifications, pay plans, and personnel policies; to
1-30 provide for a municipal court and its convening,
1-31 jurisdiction, powers, fees, bails, warrants, certiorari,
1-32 rules, and regulations; to provide for judges and their
1-33 qualifications, appointment, compensation, removal, and
1-34 oaths; to provide for nonpartisan election by plurality and
1-35 the time for holding elections; to provide for the
1-36 applicability of general law to elections; to provide for
1-37 special elections to fill vacancies; to provide for
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LC 22 2199
2- 1 exceptions; to provide for removal of officers; to provide
2- 2 for property taxes, occupation and business taxes,
2- 3 regulatory fees, and permits; to provide for the millage
2- 4 rate, due dates, and methods of payment; to provide for
2- 5 franchises, service charges, special assessments, and other
2- 6 taxes and fees; to provide for the collection of delinquent
2- 7 taxes and fees; to provide for general obligation bonds,
2- 8 revenue bonds, and short-term loans; to provide for
2- 9 lease-purchase contracts; to provide for a fiscal year; to
2-10 provide for operating and capital budgets and their
2-11 preparation, submission, amendment, and adoption; to provide
2-12 for tax levies, changes in appropriations, and independent
2-13 audits; to provide for contracting procedures, centralized
2-14 purchasing, and the sale and lease of city property; to
2-15 provide for bonds for officials; to provide for transition,
2-16 including existing ordinances and regulations, existing
2-17 employees and officers, and pending matters; to provide for
2-18 construction and severability; to repeal the previous
2-19 charter; to provide an effective date; to repeal conflicting
2-20 laws; and for other purposes.
2-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2-22 CITY OF BELLVILLE
CHARTER
ARTICLE I
2-23 Incorporation and powers
2-24 SECTION 1.10.
Name.
2-25 This city and the inhabitants thereof are reincorporated by
2-26 the enactment of this charter and are hereby constituted and
2-27 declared a body politic and corporate under the name and
2-28 style City of Bellville, Georgia, and by that name shall
2-29 have perpetual succession.
2-30 SECTION 1.11.
2-31 Corporate boundaries.
2-32 (a) The boundaries of this city shall be those existing on
2-33 the effective date of the adoption of this charter with such
2-34 alterations as may be made from time to time in the manner
2-35 provided by law. The boundaries of this city at all times
2-36 shall be shown on maps, written descriptions, or any
2-37 combination thereof, to be retained permanently in the
2-38 office of the City Clerk and to be designated, as the case
2-39 may be: "Official Map of the corporate limits of the City
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LC 22 2199
3- 1 of Bellville, Georgia." Photographic, typed, or other copies
3- 2 of such map or description certified by the City of
3- 3 Bellville shall be admitted as evidence in all courts and
3- 4 shall have the same force and effect as with the original
3- 5 map or description.
3- 6 (b) The city council may provide for the redrawing of any
3- 7 such map by ordinance to reflect lawful changes in the
3- 8 corporate boundaries. A redrawn map shall supersede for all
3- 9 purposes the entire map or maps which it is designated to
3-10 replace.
3-11 (c) The original charter and other legal documents including
3-12 original maps and ordinances shall be kept in a safety
3-13 deposit box and copies of the same shall be kept at city
3-14 hall.
3-15 SECTION 1.12.
3-16 Powers and construction.
3-17 (a) This city shall have all powers possible for a city to
3-18 have under the present or future constitution and laws of
3-19 this state as fully and completely as though they were
3-20 specifically enumerated in this charter. This city shall
3-21 have all the power of self-government not otherwise
3-22 prohibited by this charter or by general law.
3-23 (b) The powers of this city shall be construed liberally in
3-24 favor of the city. The specific mention or failure to
3-25 mention particular powers shall not be construed as limiting
3-26 in any way the powers of this city.
3-27 SECTION 1.13.
3-28 Examples of powers.
3-29 (1) Animal regulations. To regulate and license or to
3-30 prohibit the keeping or running at large of animals and
3-31 fowl, and to provide for the impoundment of same if in
3-32 violation of any ordinance or lawful order; to provide
3-33 for the disposition by sale, gift, or humane destruction
3-34 of animals and fowl when not redeemed as provided by
3-35 ordinance; and to provide punishment for violation of
3-36 ordinance enacted under this charter;
3-37 (2) Appropriations and expenditures. To make
3-38 appropriations for the support of the government of the
3-39 city; to authorize the expenditure of money for any
3-40 purposes authorized by this charter and for any purpose
3-41 for which a municipality is authorized by the laws of
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LC 22 2199
4- 1 the State of Georgia; and to provide for the payment of
4- 2 expenses of the city;
4- 3 (3) Building regulation. To regulate and to license the
4- 4 erection and construction of buildings and all other
4- 5 structures; to adopt building, housing, plumbing,
4- 6 electric, gas, and heating and air conditioning codes;
4- 7 and to regulate all housing, and building trades;
4- 8 (4) Business regulations and taxation. To levy and to
4- 9 provide for the collection of regulatory fees and taxes
4-10 on privileges, occupations, trades, and professions as
4-11 authorized by Title 48 of the Official Code of Georgia
4-12 Annotated, or other such applicable laws as are or may
4-13 hereafter be enacted; to permit and regulate the same;
4-14 to provide for the manner and method of payment of such
4-15 regulatory fees and taxes; and to revoke such permits
4-16 after due process for failure to pay any city taxes or
4-17 fees;
4-18 (5) Condemnation. To condemn property, inside and
4-19 outside the corporate limits of the city, for present or
4-20 future use and for any corporate purpose deemed
4-21 necessary by the governing authority utilizing
4-22 procedures enumerated in Title 22 of the Official Code
4-23 of Georgia Annotated, or such other applicable laws as
4-24 are or may hereafter be enacted;
4-25 (6) Contracts. To enter into contracts and agreements
4-26 with other governmental entities and with private
4-27 persons, firms, and corporations;
4-28 (7) Emergencies. To establish procedures for determining
4-29 and proclaiming that an emergency situation exists
4-30 inside or outside the city, and to make and carry out
4-31 all reasonable provisions deemed necessary to deal
4-32 with or meet such an emergency for the protection,
4-33 safety, health, or well-being of the citizens of the
4-34 city;
4-35 (8) Environmental protection. To protect and preserve
4-36 the natural resources, environment, and vital areas of
4-37 the state through the preservation and improvement of
4-38 the air quality, the restoration and maintenance of
4-39 water resources, the control of erosion and
4-40 sedimentation, the management of solid and hazardous
4-41 waste, and other necessary actions for the protection of
4-42 the environment;
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5- 1 (9) Fire regulations. To fix and establish fire limits
5- 2 and from time to time to extend, enlarge, or restrict
5- 3 the same; to prescribe fire safety regulations not
5- 4 inconsistent with general law relating to both fire
5- 5 prevention and detection and to fire fighting; and to
5- 6 prescribe penalties and punishment for violations
5- 7 thereof;
5- 8 (10) Garbage fees. To levy, fix, assess, and collect a
5- 9 garbage, refuse, and trash collection and disposal and
5-10 other sanitary service charge, tax, or fee for such
5-11 services as may be necessary in the operation of the
5-12 city from all individuals, firms, and corporations
5-13 residing in or doing business in the city benefiting
5-14 from such services; to enforce the payment of such
5-15 charges, taxes, or fees; and to provide for the manner
5-16 and method of collecting such service charges;
5-17 (11) General health and welfare. To define, regulate and
5-18 prohibit any act, practice, conduct or use of property
5-19 which is detrimental to health, sanitation, cleanliness,
5-20 welfare, and safety of the inhabitants of the city, and
5-21 to provide for the enforcement of such standards;
5-22 (12) Gifts. To accept or refuse gifts, donations,
5-23 bequests, or grants from any source for any purpose
5-24 related to powers and duties of the city and the general
5-25 welfare of its citizens, on such terms and conditions as
5-26 the donor or grantor may impose;
5-27 (13) Health and sanitation. To prescribe standards of
5-28 health and sanitation and to provide for the enforcement
5-29 of such standards;
5-30 (14) Jail sentence. To provide that persons given jail
5-31 sentences in the city's court may work out such
5-32 sentences in any public works or on the streets, roads,
5-33 drains, and other public property in the city, to
5-34 provide for commitment of such persons to any jail, or
5-35 to provide for commitment of such persons to any county
5-36 work camp or county jail by agreement with the
5-37 appropriate county officials;
5-38 (15) Motor vehicles. To regulate the operation of motor
5-39 vehicles and exercise control over all traffic,
5-40 including parking upon or across the streets, roads,
5-41 alleys, and walkways of the city;
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6- 1 (16) Municipal agencies and delegation of power. To
6- 2 create, alter or abolish departments, boards, offices,
6- 3 commissions, and agencies of the city, and to confer
6- 4 upon such agencies the necessary and appropriate
6- 5 authority for carrying out all the powers conferred upon
6- 6 or delegated to the same;
6- 7 (17) Municipal debts. To appropriate and borrow money
6- 8 for the payment of debts of the city and to issue bonds
6- 9 for the purpose of raising revenue to carry out any
6-10 project, program, or venture authorized by this charter
6-11 or the laws of the State of Georgia;
6-12 (18) Municipal property ownership. To acquire, dispose
6-13 of, lease, and hold in trust or otherwise, any real,
6-14 personal, or mixed property, in fee simple or lesser
6-15 interest, inside or outside the property limits of the
6-16 city;
6-17 (19) Municipal property protection. To provide for the
6-18 preservation and protection of property and equipment of
6-19 the city and the administration and the use of same by
6-20 the public; and to prescribe penalties and punishment
6-21 for violations thereof;
6-22 (20) Municipal utilities. To acquire, lease, construct,
6-23 operate, maintain, sell, and dispose of public
6-24 utilities, including but not limited to a system of
6-25 waterworks, sewers and drains, sewage disposal, gas
6-26 works, electric light plants, cable television and other
6-27 telecommunications, transportation facilities, public
6-28 airports, and other public utilities; and to fix the
6-29 taxes, charges, rates, fares, fees, assessments,
6-30 regulations, and penalties and to provide for the
6-31 withdrawal of service for refusal or failure to pay the
6-32 same;
6-33 (21) Nuisance. To define a nuisance and provide for its
6-34 abatement whether on public or private property;
6-35 (22) Penalties. To provide penalties for violation of
6-36 any ordinances adopted pursuant to the authority of this
6-37 charter and the laws of the State of Georgia;
6-38 (23) Planning and zoning. To provide comprehensive city
6-39 planning for development by zoning; and to provide
6-40 subdivision regulation and the like as the city council
6-41 deems necessary and reasonable to insure a safe,
6-42 healthy, and esthetically pleasing community;
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7- 1 (23) Police and fire protection. To exercise the power
7- 2 of arrest through duly appointed police officers, and to
7- 3 establish, operate, or contract for a police and a fire
7- 4 fighting agency;
7- 5 (24) Public Hazards: Removal. To provide for the
7- 6 destruction and removal of any building or other
7- 7 structure which is or may become dangerous or
7- 8 detrimental to the public;
7- 9 (25) Public improvements. To provide for the
7-10 acquisition, construction, building, operation, and
7-11 maintenance of public ways, parks and playgrounds,
7-12 recreational facilities, cemeteries, markets and market
7-13 houses, public buildings, libraries, public housing,
7-14 airports, hospitals, terminals, docks, parking
7-15 facilities, or charitable, cultural, educational,
7-16 recreational, conservation, sport, curative, corrective,
7-17 detentional, penal, and medical institutions, agencies,
7-18 and facilities; and to provide any other public
7-19 improvements, inside or outside the corporate limits of
7-20 the city; to regulate the use of public improvements;
7-21 and, for such purposes, property may be acquired by
7-22 condemnation under Title 22 of the Official Code of
7-23 Georgia Annotated, or such other applicable laws as are
7-24 or may hereafter be enacted;
7-25 (26) Public peace. To provide for the prevention and
7-26 punishment of drunkenness, riots, and public
7-27 disturbances;
7-28 (27) Public transportation. To organize and operate
7-29 such public transportation systems as are deemed
7-30 beneficial;
7-31 (28) Public utilities and services. To grant
7-32 franchises or make contracts for or impose taxes on
7-33 public utilities and public services companies; and to
7-34 prescribe the rates, fares, regulations, and standards
7-35 and conditions of service applicable to the service to
7-36 be provided by the franchise grantee or contractor,
7-37 insofar as not in conflict with regulations of the
7-38 Public Service Commission;
7-39 (29) Regulation of roadside areas. To prohibit or
7-40 regulate and control the erection, removal, and
7-41 maintenance of signs, billboards, trees, shrubs, fences,
7-42 buildings, and any and all other structures or
7-43 obstructions upon or adjacent to the rights of way of
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8- 1 streets and roads or within view thereof, within or
8- 2 abutting the corporate limits of the city; and to
8- 3 prescribe penalties and punishment for violation of such
8- 4 ordinances;
8- 5 (30) Retirement. To provide and maintain a retirement
8- 6 plan for officers and employees of the city;
8- 7 (31) Roadways. To lay out, open, extend, widen, narrow,
8- 8 establish, change the grade of, abandon or close,
8- 9 construct, pave, curb, gutter, adorn with shade trees,
8-10 or otherwise improve, maintain, repair, clean, prevent
8-11 erosion of, and light the roads, alleys, and walkways
8-12 within the corporate limits of the city; and to grant
8-13 franchises and rights-of-way throughout the streets and
8-14 roads, and over the bridges and viaducts for the use of
8-15 public utilities; and to require real estate owners to
8-16 repair and maintain in a safe condition the sidewalks
8-17 adjoining their lots or lands to curb or street, and to
8-18 impose penalties for failure to do so;
8-19 (32) Sewer fees. To levy a fee, charge, or sewer tax as
8-20 necessary to assure the acquiring, constructing,
8-21 equipping, operating, maintaining, and extending of a
8-22 sewage disposal plant and sewerage system, and to levy
8-23 on real estate owners to whom sewers and sewerage
8-24 systems are made available a sewer service fee, charge,
8-25 or sewer tax for the availability or use of the sewers;
8-26 to provide for the manner and method of collecting such
8-27 service charges and for enforcing payment of the same;
8-28 and to charge, impose, and collect a sewer connection
8-29 fee or fees to those connected with the system;
8-30 (33) Solid waste disposal. To provide for the
8-31 collection and disposal of garbage, rubbish, and refuse,
8-32 and to regulate the collection and disposal of garbage,
8-33 rubbish, and refuse by others; and to provide for the
8-34 separate collection of glass, tin, aluminum, cardboard,
8-35 paper, and other recyclable materials, and to provide
8-36 for the sale of such items;
8-37 (34) Special areas of public regulation. To regulate or
8-38 prohibit junk dealers, pawn shops, the manufacture,
8-39 sale, or transportation of intoxicating liquors, and the
8-40 use and sale of firearms; to regulate the
8-41 transportation, storage, and use of combustible,
8-42 explosive, and flammable materials, the use of lighting
8-43 and heating equipment, and any other business or
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9- 1 situation which may be dangerous to persons or property;
9- 2 to regulate and control the conduct of peddlers and
9- 3 itinerant traders, theatrical performances, exhibitions,
9- 4 and shows of any kind, by taxation or otherwise; and to
9- 5 license, tax, regulate or prohibit professional
9- 6 fortunetelling, palmistry, adult bookstores, and massage
9- 7 parlors;
9- 8 (35) Special assessments. To levy and provide for the
9- 9 collection of special assessments to cover the costs for
9-10 any public improvements;
9-11 (36) Taxes: ad valorem. To levy and provide for the
9-12 assessment, valuation, revaluation, and collection of
9-13 taxes on all property subject to taxation;
9-14 (37) Taxes: other. To levy and collect such other
9-15 taxes as may be allowed now or in the future by law;
9-16 (38) Taxicabs. To regulate and license vehicles
9-17 operated for hire in the city; to limit the number of
9-18 such vehicles; to require the operators of such vehicles
9-19 to be licensed; to require public liability insurance on
9-20 such vehicles in the amounts to be prescribed by
9-21 ordinance; and to regulate the parking of such vehicles;
9-22 (39) Urban redevelopment. To organize and operate an
9-23 urban redevelopment program; and
9-24 (40) Other powers. To exercise and enjoy all other
9-25 powers, functions, rights, privileges and immunities
9-26 necessary or desirable to promote or protect the safety,
9-27 health, peace, security, good order, comfort,
9-28 convenience, or general welfare of the city and its
9-29 inhabitants; and to exercise all implied powers
9-30 necessary or desirable to carry into execution all
9-31 powers granted in this charter as fully and completely
9-32 as if such powers were fully stated in this charter; and
9-33 to exercise all powers now or in the future authorized
9-34 to be exercised by other municipal governments under
9-35 other laws of the State of Georgia; and no listing of
9-36 particular powers in this charter shall be held to be
9-37 exclusive of others, nor restrictive of general words
9-38 and phrases granting powers, but shall be held to be in
9-39 addition to such powers unless expressly prohibited to
9-40 municipalities under the constitution or applicable laws
9-41 of the State of Georgia.
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10- 1 SECTION 1.14.
10- 2 Exercise of powers.
10- 3 All powers, functions, rights, privileges, and immunities of
10- 4 the city, its officers, agencies, or employees shall be
10- 5 carried into execution as provided in this charter. If this
10- 6 charter makes no provisions, such shall be carried into
10- 7 execution as provided by ordinance or as provided by
10- 8 pertinent laws of the State of Georgia.
ARTICLE II
10- 9 Governmental structure
10-10 SECTION 2.10.
10-11 City council creation; number; election.
10-12 The legislative authority of the government of this city,
10-13 except as otherwise specifically provided in this charter,
10-14 shall be vested in a city council to be composed of a mayor
10-15 and three councilmembers. The city council established shall
10-16 in all respects be a successor to and continuation of the
10-17 governing authority under prior law. The mayor and
10-18 councilmembers shall be elected in the manner provided by
10-19 general law and this charter.
10-20 SECTION 2.11.
10-21 Mayor or city council terms and
10-22 qualifications for office.
10-23 The mayor and members of the city council shall serve for
10-24 terms of four years and until their respective successors
10-25 are elected and qualified. No person shall be eligible to
10-26 serve as mayor or councilmember unless that person shall
10-27 have been a resident of the city for 12 months prior to the
10-28 date of election of mayor or members of the council; each
10-29 shall continue to reside within the city during that
10-30 member's period of service and to be registered and
10-31 qualified to vote in municipal elections of this city.
10-32 SECTION 2.12.
10-33 Vacancy; filling of vacancies.
10-34 (a) Vacancies - The office of mayor or councilmember shall
10-35 become vacant upon the occurrence of any event specified by
10-36 the Constitution of the State of Georgia, Title 45 of the
10-37 Official Code of Georgia Annotated, or such other applicable
10-38 laws as are or may hereafter be enacted.
10-39 (b) Filling of vacancies - A vacancy in the office of mayor
10-40 or councilmember shall be filled for the remainder of the
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11- 1 unexpired term, if any, by appointment by Council if less
N than 12 months remains in the unexpired term. Otherwise a
11- 3 vacancy shall be filled by an election, as provided for in
11- 4 Section 5.14 of this charter and in accordance with Titles
11- 5 21 and 45 of the Official Code of Georgia Annotated, or
11- 6 other such laws as or may hereafter be enacted.
11- 7 SECTION 2.13.
11- 8 Compensation and expenses.
11- 9 The mayor and councilmembers shall receive compensation and
11-10 expenses for their services as provided by ordinance.
11-11 SECTION 2.14.
11-12 Holding other office; voting when financially interested.
11-13 (a) Elected and appointed officers of the city are trustees
11-14 and servants of the residents of the city and shall act in a
11-15 fiduciary capacity for the benefit of such residents.
11-16 (b) Except as authorized by law, the mayor or any
11-17 councilmember shall not hold any other city office during
11-18 the term for which that person was elected.
11-19 (c) Neither the mayor nor any member of the city council
11-20 shall vote upon, sign, or veto any ordinance, resolution,
11-21 contract, or other matter in which that person is
11-22 financially interested.
11-23 SECTION 2.15.
11-24 Inquiries and investigations.
11-25 Following the adoption of an authorizing resolution, the
11-26 city council may make inquiries and investigations into the
11-27 affairs of the city and the conduct of any department,
11-28 office, or agency of the city, and for this purpose may
11-29 subpoena witnesses, administer oaths, take testimony, and
11-30 require the production of evidence. Any person who fails or
11-31 refuses to obey a lawful order issued in the exercise of
11-32 these powers by the city council shall be punished as
11-33 provided by ordinance.
11-34 SECTION 2.16.
11-35 General power and authority of the city council.
11-36 Except as otherwise provided by law or this charter, the
11-37 city council shall be vested with all the powers of
11-38 government of this city.
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12- 1 SECTION 2.17.
12- 2 Eminent domain.
12- 3 The city council is hereby empowered to acquire, construct,
12- 4 operate and maintain public ways, parks, public grounds,
12- 5 cemeteries, markets, market houses, public buildings,
12- 6 libraries, sewers, drains, sewage treatment, waterworks,
12- 7 electrical systems, cable systems, gas systems, airports,
12- 8 hospitals, and charitable, educational, recreational, sport,
12- 9 curative, corrective, detentional, penal, and medical
12-10 institutions, agencies, and facilities, and any other public
12-11 improvements inside or outside the city, and to regulate the
12-12 use thereof, and for such purposes, property may be
12-13 condemned under procedures established under general law
12-14 applicable now or as provided in the future.
12-15 SECTION 2.18.
12-16 Organizational meetings.
12-17 The city council shall hold an organizational meeting. The
12-18 meeting shall be called to order by the city clerk and the
12-19 oath of office shall be administered to the newly elected
12-20 members as follows:
12-21 "I do solemnly (swear)(affirm) that I will faithfully
12-22 perform the duties of (mayor)(councilmember) of this city
12-23 and that I will support and defend the charter thereof as
12-24 well as the Constitution and laws of the State of Georgia
12-25 and the United States of America."
12-26 SECTION 2.19.
12-27 Regular and special meetings.
12-28 (a) The city council shall hold regular meetings at such
12-29 times and places as shall be prescribed by ordinance.
12-30 (b) Special meetings of the city council may be held on call
12-31 of the mayor or two members of the city council. Notice of
12-32 such special meetings shall be served on all other members
12-33 personally, or by telephone personally, at least 24 hours in
12-34 advance of the meeting. Such notice to councilmembers shall
12-35 not be required if the mayor and all councilmembers are
12-36 present when the special meeting is called. Such notice of
12-37 any special meeting may be waived by a council member in
12-38 writing before or after such a meeting, and attendance at
12-39 the meeting shall also constitute a waiver of notice on any
12-40 business transacted in such councilmember's presence. Only
12-41 the business stated in the call may be transacted at the
12-42 special meeting.
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13- 1 (c) All meetings of the city council shall be public to the
13- 2 extent required by law and notice to the public of special
13- 3 meetings shall be made fully as is reasonably possible as
13- 4 provided by Code Section 50-14-1 of the Official Code of
13- 5 Georgia Annotated, or other such applicable laws as are or
13- 6 may hereafter be enacted.
13- 7 SECTION 2.20.
13- 8 Rules of procedure.
13- 9 (a) The city council shall adopt its rules of procedure and
13-10 order of business consistent with the provisions of this
13-11 charter and shall provide for keeping a journal of its
13-12 proceedings, which shall be a public record.
13-13 (b) All committees and committee chairpersons and officers
13-14 of the city council shall be appointed by the mayor and
13-15 shall serve at the pleasure of the mayor. The mayor shall
13-16 have the power to appoint new members to any committee at
13-17 any time.
13-18 SECTION 2.21.
13-19 Quorum: voting.
13-20 The mayor or mayor pro tempore and two councilmembers shall
13-21 constitute a quorum and shall be authorized to transact
13-22 business of the city council. Voting on the adoption of
13-23 ordinances shall be by voice vote and the vote shall be
13-24 recorded in the journal, but any member of the city council
13-25 shall have the right to request a roll-call vote and such
13-26 vote shall be recorded in the journal. Except as otherwise
13-27 provided in this charter, the affirmative vote of two
13-28 councilmembers shall be required for the adoption of any
13-29 ordinance, resolution, or motion. An abstention shall be
13-30 counted as an affirmative vote.
13-31 SECTION 2.22.
13-32 Ordinance form; procedures.
13-33 (a) Every proposed ordinance shall be introduced in writing.
13-34 No ordinance shall contain a subject which is not expressed
13-35 in its title. The enacting clause shall be "It is hereby
13-36 ordained by the governing authority of the City of
13-37 Bellville" and every ordinance shall so begin.
13-38 (b) An ordinance may be introduced by any councilmember and
13-39 be read at a regular or special meeting of the city council.
13-40 Ordinances shall be considered and adopted or rejected by
13-41 the city council in accordance with the rules which it shall
13-42 establish, except for emergency ordinances as provided for
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14- 1 in Section 2.24 of this charter. Upon introduction of any
14- 2 ordinance, the clerk shall as soon as possible distribute a
14- 3 copy to the mayor and to each councilmember and shall file a
14- 4 reasonable number of copies in the office of the clerk and
14- 5 at such other public places as the city council may
14- 6 designate.
14- 7 SECTION 2.23.
14- 8 Action requiring an ordinance.
14- 9 Acts of the city council which have the force and effect of
14-10 law shall be enacted by ordinance.
14-11 SECTION 2.24.
Emergencies.
14-12 (a) To meet a public emergency affecting life, health,
14-13 property, or public peace, the city council may convene on
14-14 the call of the mayor or two councilmembers and may promptly
14-15 adopt an emergency ordinance, but such ordinance may not
14-16 levy taxes; grant, renew, or extend a franchise; regulate
14-17 the rate charged by any public utility for its services; or
14-18 authorize the borrowing of money except for loans to be
14-19 repaid within 30 days. An emergency ordinance shall be
14-20 introduced in the form prescribed for ordinances generally,
14-21 except that it shall be plainly designated as an emergency
14-22 ordinance and shall contain, after the enacting clause, a
14-23 declaration stating that an emergency exists and describing
14-24 the emergency in clear and specific terms. An emergency
14-25 ordinance may be adopted, with or without amendment, or
14-26 rejected at the meeting at which it is introduced, but the
14-27 affirmative vote of at least two councilmembers shall be
14-28 required for adoption. It shall become effective upon
14-29 adoption or at such later time as it may specify. Every
14-30 emergency ordinance shall automatically stand repealed 30
14-31 days following the date upon which it was adopted, but this
14-32 shall not prevent reenactment of the ordinance in the manner
14-33 specified in this section if the emergency still exists. An
14-34 emergency ordinance may also be repealed by adoption of a
14-35 repealing ordinance in the same manner specified in this
14-36 section for adoption of emergency ordinances.
14-37 (b) Such meetings shall be open to the public to the extent
14-38 required by law and notice to the public of emergency
14-39 meetings shall be made as fully as reasonably possible in
14-40 accordance with Code Section 50-14-1 of the Official Code of
14-41 Georgia Annotated, or such other applicable laws as are or
14-42 may hereafter be enacted.
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15- 1 SECTION 2.25.
15- 2 Codes of technical regulations.
15- 3 (a) The city council may adopt any standard code of
15- 4 technical regulations by reference thereof in an adopting
15- 5 ordinance. The procedure and requirements governing such
15- 6 adopting ordinance shall be as prescribed for ordinances
15- 7 generally except that: (1) the requirements of subsection
15- 8 (b) of Section 2.22 of this charter for distribution and
15- 9 filing of copies of the ordinance shall be construed to
15-10 include copies of any code of technical regulations, as well
15-11 as the adopting ordinance; and (2) a copy of each adopted
15-12 code of technical regulations, as well as the adopting
15-13 ordinance, shall be authenticated and recorded by the clerk
15-14 pursuant to Section 2.26 of this charter.
15-15 (b) Copies of any adopted code of technical regulations
15-16 shall be made available by the clerk for inspection by the
15-17 public.
15-18 SECTION 2.26.
15-19 Signing; authenticating; recording;
15-20 codification; printing.
15-21 (a) The clerk shall authenticate by the clerk's signature
15-22 and record in full in a properly indexed book kept for that
15-23 purpose, all ordinances adopted by the council.
15-24 (b) The city council shall provide for the preparation of a
15-25 general codification of all the ordinances of the city
15-26 having the force and effect of law. The general codification
15-27 shall be adopted by the city council by ordinance and shall
15-28 be published promptly, together with all amendments thereto
15-29 and such codes of technical regulations and other rules and
15-30 regulations as the city council may specify. This
15-31 compilation shall be known and cited officially as "The Code
15-32 of the City of Bellville, Georgia." Copies of the code shall
15-33 be furnished to all officers, departments, and agencies of
15-34 the city and made available for purchase by the public at a
15-35 reasonable price as fixed by the city council.
15-36 (c) The city council shall cause each ordinance and each
15-37 amendment to this charter to be printed promptly following
15-38 its adoption, and the printed ordinances and charter
15-39 amendments shall be made available for purchase by the
15-40 public at reasonable prices to be fixed by the city council.
15-41 Following publication of the first code under this charter
15-42 and at all times thereafter, the ordinances and charter
15-43 amendments shall be printed in substantially the same style
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LC 22 2199
16- 1 as the code currently in effect and shall be printed for
16- 2 incorporation therein. The city council shall make such
16- 3 further arrangements as deemed desirable with reproduction
16- 4 and distribution of any current changes in or additions to
16- 5 codes of technical regulations and other rules and
16- 6 regulations included in the code.
16- 7 SECTION 2.27.
16- 8 Election of mayor; forfeiture; compensation.
16- 9 The mayor shall be elected and serve for a term of four
16-10 years and until a successor is elected and qualified. The
16-11 mayor shall be a qualified elector of this city and shall
16-12 have been a resident of the city 12 months preceding the
16-13 election. The mayor shall continue to reside in this city
16-14 during the period of service. The mayor shall forfeit the
16-15 office on the same grounds and under the same procedure as
16-16 for councilmembers. The compensation of the mayor shall be
16-17 established in the same manner as for councilmembers.
16-18 SECTION 2.28.
16-19 Chief executive officer.
16-20 The mayor shall be the chief executive of this city. The
16-21 mayor shall possess all of the executive and administrative
16-22 power granted to the city under the constitution and laws of
16-23 the State of Georgia, and the executive and administrative
16-24 powers contained in this charter.
16-25 SECTION 2.29.
16-26 Powers and duties of mayor.
16-27 As the chief executive of this city, the mayor shall:
16-28 (1) See that all laws and ordinances of the city are
16-29 faithfully executed;
16-30 (2) Appoint and remove all officers, department heads,
16-31 and employees of the city, except as otherwise provided
16-32 in this charter;
16-33 (3) Exercise supervision over all executive and
16-34 administrative work of the city and provide for the
16-35 coordination of administrative activities;
16-36 (4) Prepare and submit to the city council a recommended
16-37 operating budget and capital budget;
16-38 (5) Submit to the city council at least once a year a
16-39 statement covering the financial conditions of the city
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LC 22 2199
17- 1 and, from time to time, such other information as the
17- 2 city council may request;
17- 3 (6) Recommend to the city council such measures relative
17- 4 to the affairs of the city, improvement of the
17- 5 government, and promotion of the welfare of its
17- 6 inhabitants as the mayor may deem expedient;
17- 7 (7) Call special meetings of the city council as
17- 8 provided for in subsection (b) of Section 2.19 of this
17- 9 charter;
17-10 (8) Approve or disapprove ordinances as provided in
17-11 Section 2.30 of this charter;
17-12 (9) Provide for an annual audit of all accounts of the
17-13 city;
17-14 (10) Require any department or agency of the city to
17-15 submit written reports whenever the mayor deems it
17-16 expedient;
17-17 (11) Perform such other duties as may be required by
17-18 law, this charter, or ordinance; and
17-19 (12) Be responsible for all financial transactions.
17-20 SECTION 2.30.
17-21 Submission of ordinances to the mayor;
veto power.
17-22 (a) Every ordinance adopted by the city council shall be
17-23 presented by the city clerk to the mayor promptly after its
17-24 adoption.
17-25 (b) The mayor, within three calendar days of receipt of an
17-26 ordinance, shall return it to the clerk with or without the
17-27 mayor's approval or with the mayor's disapproval. If the
17-28 ordinance has been approved by the mayor, it shall become
17-29 law upon its return to the clerk; if the ordinance is
17-30 neither approved nor disapproved, it shall become law at
17-31 12:00 Noon on the third calendar day after its adoption; if
17-32 the ordinance is disapproved, the mayor shall submit to the
17-33 city council through the clerk a written statement of
17-34 reasons for the veto. The clerk shall record upon the
17-35 ordinance the date of its delivery to and receipt from the
17-36 mayor.
17-37 (c) Ordinances vetoed by the mayor shall be presented by the
17-38 clerk to the city council at its next meeting. If the city
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LC 22 2199
18- 1 council then or at its next meeting adopts the ordinance by
18- 2 an affirmative vote of three members, it shall become law.
18- 3 (d) The mayor may disapprove or reduce any item or items of
18- 4 appropriation in any ordinance. The approved part or parts
18- 5 of any ordinance making appropriations shall become law, and
18- 6 the part or parts disapproved shall not become law unless
18- 7 subsequently passed by the city council over the mayor's
18- 8 veto as provided in this section. The reduced part or parts
18- 9 shall be presented to the city council as though disapproved
18-10 and shall not become law unless overidden by the council as
18-11 provided in subsection (c) of this section.
18-12 SECTION 2.31.
18-13 Mayor pro tempore; selection; duties.
18-14 By a majority vote, the city council shall elect a
18-15 councilmember to serve as mayor pro tempore each year. The
18-16 mayor pro tempore shall preside at all meetings of the city
18-17 council and shall assume the duties and powers of the mayor
18-18 upon the mayor's physical or mental disability or absence.
18-19 The city council by a majority vote shall elect a new
18-20 presiding officer from among its members for any period in
18-21 which the mayor pro tempore is disabled, absent, or acting
18-22 as mayor. Any such absence or disability shall be declared
18-23 by majority vote of all councilmembers.
ARTICLE III
N Administrative affairs
18-25 SECTION 3.10.
18-26 Administrative and service departments.
18-27 (a) Except as otherwise provided in this charter, the city
18-28 council by ordinance shall prescribe the functions or duties
18-29 and establish, abolish, alter, consolidate, or leave vacant
18-30 all nonelective offices, positions of employment,
18-31 departments, and agencies of the city as necessary for the
18-32 proper administration of the affairs and government of this
18-33 city.
18-34 (b) Except as otherwise provided by this charter or by law,
18-35 the directors of departments and other appointed officers of
18-36 this city shall be appointed solely on the basis of their
18-37 respective administrative and professional qualifications.
18-38 (c) All appointed officers and directors of departments
18-39 shall receive such compensation as prescribed by ordinance.
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19- 1 (d) There shall be a director of each department or agency
19- 2 who shall be its principal officer. Each director shall,
19- 3 subject to the direction and supervision of the mayor, be
19- 4 responsible for the administration and direction of the
19- 5 affairs and operations of that director's department or
19- 6 agency.
19- 7 (e) All appointed officers and directors under the
19- 8 supervision of the mayor shall be nominated by the mayor
19- 9 with confirmation of appointment by the city council. All
19-10 appointed officers and directors shall be employees at will
19-11 and subject to removal or suspension at any time by the
19-12 mayor unless otherwise provided by law or ordinance.
19-13 SECTION 3.11.
19-14 Boards, commissions, and authorities.
19-15 (a) The city council shall create by ordinance such boards,
19-16 commissions, and authorities to fulfill any investigative,
19-17 quasi-judicial, or quasi-legislative function the city
19-18 council deems necessary and shall by ordinance establish the
19-19 composition, period of existence, duties, and powers
19-20 thereof.
19-21 (b) All members of boards, commissions, and authorities of
19-22 the city shall be appointed by the city council for such
19-23 terms of office and in such a manner as shall be provided by
19-24 ordinance, except where other appointing authority, terms of
19-25 office, or manner of appointment is prescribed by this
19-26 charter or by law.
19-27 (c) The city council by ordinance may provide for the
19-28 compensation and reimbursement for actual and necessary
19-29 expenses of the members of any board, commission, or
19-30 authority.
19-31 (d) Except as otherwise provided by charter or by law, no
19-32 member or any board, commission, or authority shall hold any
19-33 elective office in the city.
19-34 (e) Any vacancy on a board, commission, or authority shall
19-35 be filled for the unexpired term in the manner prescribed in
19-36 this charter for original appointment, except as otherwise
19-37 provided by this charter or by law.
19-38 (f) No member of a board, commission, or authority shall
19-39 assume office until that person has executed and filed with
19-40 the city clerk an oath obligating himself or herself to
19-41 perform faithfully and impartially the duties of that
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LC 22 2199
N member's office, such oath to be prescribed by ordinance and
20- 2 administered by the mayor.
20- 3 (g) All board members serve at will and may be removed at
20- 4 any time by a vote of two members of the city council unless
20- 5 otherwise provided by law.
20- 6 (h) Except as otherwise provided by this charter or by law,
20- 7 each board, commission or authority of the city shall elect
20- 8 one of its members as chairperson and one member as
20- 9 vice-chairperson, and may elect as its secretary one of its
20-10 own members or may appoint as secretary an employee of the
20-11 city. Each board, commission, or authority of the city
20-12 government may establish such bylaws, rules, and
20-13 regulations, not inconsistent with this charter, ordinances
20-14 of the city, or law, as it deems appropriate and necessary
20-15 for the fulfillment of its duties or the conduct of its
20-16 affairs. Copies of such bylaws, rules, and regulations shall
20-17 be filed with the city clerk.
20-18 SECTION 3.12.
20-19 City attorney.
20-20 The city council may appoint each year a city attorney,
20-21 together with such assistant city attorneys as may be
20-22 authorized, and shall provide for the payment of such
20-23 attorney or attorneys for services rendered to the city. The
20-24 city attorney shall be responsible for providing for the
20-25 representation and defense of the city in all litigation in
20-26 which the city is a party; may be the prosecuting officer in
20-27 the municipal court; shall attend the meetings of the
20-28 council as directed; shall advise the city council, mayor,
20-29 and other officers and employees of the city concerning
20-30 legal aspects of the city's affairs; and shall perform such
20-31 other duties as may be required by virtue of the person's
20-32 position as city attorney.
20-33 SECTION 3.13.
City clerk.
20-34 The city council shall appoint each year a city clerk who
20-35 shall not be a councilmember. The city clerk shall be
20-36 custodian of the official city seal and city records;
20-37 maintain city council records required by this charter; and
20-38 perform such other duties as may be required by the city
20-39 council.
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21- 1 SECTION 3.14.
21- 2 Position classification and pay plans.
21- 3 The mayor shall be responsible for the preparation of a
21- 4 position classification and pay plan which shall be
21- 5 submitted to the city council for approval. Such plan may
21- 6 apply to all employees of the city and any of its agencies,
21- 7 departments, boards, commissions, or authorities. When a pay
21- 8 plan has been adopted, the city council shall not increase
21- 9 or decrease the salary range applicable to any position
21-10 except by amendment of such pay plan. For purposes of this
21-11 section, all elected and appointed city officials are not
21-12 city employees.
21-13 SECTION 3.15.
21-14 Personnel policies.
21-15 All employees serve at will and may be removed from office
21-16 at any time unless otherwise provided by ordinance.
ARTICLE IV
21-17 Judicial branch
21-18 SECTION 4.10.
21-19 Creation; name.
21-20 There shall be a court to be known as the Municipal Court of
21-21 the City of Bellville.
21-22 SECTION 4.11.
21-23 Chief judge; associate judge.
21-24 (a) The municipal court shall be presided over by a chief
21-25 judge and such part-time, full-time, or stand-by judges as
21-26 shall be provided by ordinance.
21-27 (b) No person shall be qualified or eligible to serve as a
21-28 judge on the municipal court unless that person shall have
21-29 attained the age of 21 years, shall be a member of the State
21-30 Bar of Georgia and shall possess all qualifications required
21-31 by law. All judges shall be appointed by the city council
21-32 and shall serve until a successor is appointed and
21-33 qualified.
21-34 (c) Compensation of the judges shall be fixed by ordinance.
21-35 (d) Judges serve at will and may be removed from office at
21-36 any time by the city council unless otherwise provided by
21-37 ordinance.
21-38 (e) Before assuming office, each judge shall take an oath,
21-39 given by the mayor, that the judge will honestly and
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22- 1 faithfully discharge the duties of the office to the best of
22- 2 that person's ability and without fear, favor, or
22- 3 partiality. The oath shall be entered upon the minutes of
22- 4 the city council journal required in Section 2.20 of this
22- 5 charter.
22- 6 SECTION 4.12.
Convening.
22- 7 The municipal court shall be convened at regular intervals
22- 8 as provided by ordinance.
22- 9 SECTION 4.13.
22-10 Jurisdiction; powers.
22-11 (a) The municipal court shall try and punish violations of
22-12 this charter and of city ordinances and such other
22-13 violations as provided by law.
22-14 (b) The municipal court shall have authority to punish those
22-15 in its presence for contempt, provided that such punishment
22-16 shall not exceed $200.00 or ten days in jail.
22-17 (c) The municipal court may fix punishment for offenses
22-18 within its jurisdiction not exceeding a fine of $1,000.00 or
22-19 imprisonment for no more than six months or both such fine
22-20 and imprisonment or may fix punishment by fine,
22-21 imprisonment, or alternative sentencing as now or hereafter
22-22 provided by law.
22-23 (d) The municipal court shall have authority to establish a
22-24 schedule of fees to defray the cost of operation and shall
22-25 be entitled to reimbursement of the cost of meals,
22-26 transportation, and caretaking of prisoners bound over to
22-27 superior courts for violations of state law.
22-28 (e) The municipal court shall have authority to establish
22-29 bail and recognizances to ensure the presence of those
22-30 charged with violations before said court and shall have
22-31 discretionary authority to accept cash or personal or real
N property as surety for the appearance of persons charged
22-33 with violations. Whenever any person shall give bail for
22-34 that person's appearance and shall fail to appear at the
22-35 time fixed for trial, the bond shall be forfeited by the
22-36 judge presiding at such time and an execution issued thereon
22-37 by serving the defendant and the defendant's sureties with a
22-38 rule nisi, at least two days before a hearing on the rule
22-39 nisi. In the event that cash or property is accepted in lieu
22-40 of bond for security for the appearance of a defendant at
22-41 trial, and if such defendant fails to appear at the time and
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23- 1 place fixed for trial, the cash so deposited shall be on
23- 2 order of the judge declared forfeited to the city, or the
23- 3 property so deposited shall have a lien against it for the
23- 4 value forfeited which lien shall be enforceable in the same
23- 5 manner and to the same extent as a lien for city property
23- 6 taxes.
23- 7 (f) The municipal court shall have the same authority as
23- 8 superior courts to compel the production of evidence in the
23- 9 possession of any party; to enforce obedience to its orders,
23-10 judgments, and sentences; and to administer such oaths as
23-11 are necessary.
23-12 (g) The municipal court may compel the presence of all
23-13 parties necessary to a proper disposal of each case by the
23-14 issuance of summonses, subpoenas, and warrants which may be
23-15 served as executed by an officer as authorized by this
23-16 charter or by law.
23-17 (h) Each judge of the municipal court shall be authorized to
23-18 issue warrants for the arrest of persons charged with
23-19 offenses against any ordinance of the city, and each judge
23-20 of the municipal court shall have the same authority as a
23-21 magistrate of the state to issue warrants for offences
23-22 against state laws committed within the city.
SECTION 4.14
Certiorari.
23-23 The right of certiorari from the decision and judgment of
23-24 the municipal court shall exist in all criminal cases and
23-25 ordinance violation cases, and such certiorari shall be
23-26 obtained under the sanction of a judge of the Superior
23-27 Court of Evans County under the laws of the State of Georgia
23-28 regulating the granting and issuance of writs of certiorari.
23-29 SECTION 4.15.
23-30 Rules for court.
23-31 With the approval of the city council, the judge shall have
23-32 full power and authority to make reasonable rules and
23-33 regulations necessary and proper to secure the efficient and
23-34 successful administration of the municipal court; provided,
23-35 however, that the city council may adopt in part or in toto
23-36 the rules and regulations applicable to municipal courts.
23-37 The rules and regulations made or adopted shall be filed
23-38 with the city clerk, shall be available for public
23-39 inspection, and, upon request, a copy shall be furnished to
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24- 1 all defendants in municipal court proceedings at least 48
24- 2 hours prior to said proceedings.
ARTICLE V
24- 3 Elections and removal
24- 4 SECTION 5.10.
24- 5 Applicability of general law.
24- 6 All elections shall be held and conducted in accordance with
24- 7 the "Georgia Municipal Election Code" (Title 21, Chapter 3
24- 8 of the Official Code of Georgia Annotated) as now or
24- 9 hereafter amended.
24-10 SECTION 5.11.
24-11 Regular elections; time for holding.
24-12 In odd-numbered years, on the Tuesday next following the
24-13 first Monday in November there shall be an election for the
24-14 mayor and the city council. The terms of office shall begin
24-15 on January 1 following the November election.
24-16 SECTION 5.12.
24-17 Nonpartisan elections.
24-18 Political parties shall not conduct primaries for city
24-19 offices and all names of candidates for city offices shall
24-20 be listed without party designations.
24-21 SECTION 5.13.
24-22 Election by plurality.
24-23 The person receiving a plurality of the votes cast for any
24-24 city office shall be elected.
24-25 SECTION 5.14.
24-26 Special elections; vacancies.
24-27 In the event that the office of mayor or councilmember shall
24-28 become vacant for any cause whatsoever, the city council or
24-29 those remaining shall order a special election to fill the
24-30 balance of the unexpired term of such official; provided,
24-31 however, that if such vacancy occurs within 12 months of the
24-32 expiration of the term of that office, the city council or
24-33 those remaining shall appoint a successor for the remainder
24-34 of the term. In all other respects, the special election
24-35 shall be held and conducted in accordance with the "Georgia
24-36 Municipal Election Code," Chapter 3 of Title 21 of the
24-37 Official Code of Georgia Annotated, as now or hereafter
24-38 amended.
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25- 1 SECTION 5.15.
25- 2 Other provisions.
25- 3 Except as otherwise provided in this charter, the city
25- 4 council shall, by ordinance, prescribe such rules and
25- 5 regulation it deems appropriate to fulfill any options and
25- 6 duties under Chapter 3 of Title 21 of the Official Code of
25- 7 Georgia Annotated, the "Georgia Municipal Election Code."
25- 8 SECTION 5.16.
25- 9 Removal of officers.
25-10 (a) The mayor, councilmembers, or other appointed officers
25-11 provided for in this charter shall be removed from office
25-12 for any one or more of the causes provided in Title 45 of
25-13 the Official Code of Georgia Annotated, or such other
25-14 applicable laws as are or may hereafter be enacted.
25-15 (b) Removal of an officer pursuant to subsection (a) of this
25-16 section shall be accomplished by one of the following
25-17 methods:
25-18 (1) Following a hearing at which an impartial panel,
25-19 selected by the mayor and the council, shall render a
25-20 decision. In the event an elected officer is sought to
25-21 be removed by the action of the city council, such
25-22 officer shall be entitled to a written notice specifying
25-23 the ground or grounds for removal and to a public
25-24 hearing which shall be held not less than ten days after
25-25 the service of such written notice. The city council
25-26 shall provide by ordinance for the manner in which such
25-27 hearings shall be held. Any elected officer sought to be
25-28 removed from office as provided in this section shall
25-29 have the right of appeal from the decision of the city
25-30 council to the Superior Court of Evans County. Such
25-31 appeal shall be governed by the same rules as govern
25-32 appeals to the superior court from the probate court; or
25-33 (2) By an order of the Superior Court of Evans County
25-34 following a hearing on a complaint seeking such removal
25-35 brought by any resident of the City of Bellville.
ARTICLE VI
Finance
25-36 SECTION 6.10.
25-37 Property tax.
25-38 The city council may assess, levy, and collect an ad valorem
25-39 tax on all real and personal property within the corporate
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26- 1 limits of the city that is subject to such taxation by the
26- 2 state and county. This tax is for the purpose of raising
26- 3 revenues to defray the costs of operating the city
26- 4 government, of providing governmental services, for the
26- 5 repayments of principal and interest on general obligations,
26- 6 and for any other public purpose as determined by the city
26- 7 council at its discretion.
26- 8 SECTION 6.11.
26- 9 Millage rate; due dates; payments methods.
26-10 The city council by ordinance shall establish a millage rate
26-11 for the city property tax, a due date, and time period
26-12 within which these taxes must be paid. The city council by
26-13 ordinance may provide for the payment of these taxes by
26-14 installments or in one lump sum, as well as authorize the
26-15 voluntary payment of taxes prior to the time when due.
26-16 SECTION 6.12.
26-17 Occupation and business taxes.
26-18 The city council by ordinance shall have the power to levy
26-19 such occupation or business taxes as are not denied by law.
26-20 The city council may classify businesses, occupations, or
26-21 professions for the purpose of such taxation in any way
26-22 which may be lawful and may compel the payment of such taxes
26-23 as provided in Section 6.18 of this charter.
26-24 SECTION 6.13.
26-25 Regulatory fees; permits.
26-26 To the extent allowed by Title 48 of the Official Code of
26-27 Georgia Annotated, the city council by ordinance shall have
26-28 the power to require businesses or practitioners doing
26-29 business within this city to obtain a permit for such
26-30 activity from the city and pay a reasonable regulatory fee
26-31 for such permit as provided in general law. Such fees shall
26-32 reflect the total cost to the city of regulating the
26-33 activity and, if unpaid, shall be collected as provided in
26-34 Section 6.18 of this charter.
26-35 SECTION 6.14.
Franchises.
26-36 (a) The city council shall have the power to grant
26-37 franchises for the uses of this city's streets and alleys
26-38 for the purposes of railroads, street railways, telephone
26-39 companies, electric membership corporations, cable
26-40 television and other telecommunications companies, gas
26-41 companies, transportation companies, and other similar
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27- 1 organizations. The city council shall determine the
27- 2 duration, terms, whether the same shall be exclusive or
27- 3 nonexclusive, and the consideration for such franchises;
27- 4 provided, however, no franchise shall be granted for a
27- 5 period in excess of 35 years and no franchise shall be
27- 6 granted unless the city receives just and adequate
27- 7 compensation for the franchise. The city council shall
27- 8 provide for the registration of all franchises with the city
27- 9 clerk in a registration book kept by the city clerk. The
27-10 city council may provide by ordinance for the registration
27-11 within a reasonable time of all franchises previously
27-12 granted.
27-13 (b) If no franchise agreement is in effect, the city council
27-14 has the authority to impose a tax on gross receipts for the
27-15 use of this city's streets and alleys for the purposes of
27-16 railroads, roadways, telephone companies, electric
27-17 companies, electric membership corporations, cable
27-18 television and other telecommunications companies, gas
27-19 companies, transportation companies, and other similar
27-20 organizations.
27-21 SECTION 6.15.
27-22 Service charges.
27-23 The city council by ordinance shall have the power to assess
27-24 and collect fees, charges, and tolls for sewers, sanitary
27-25 and health services, or any other services provided or made
27-26 available inside or outside the corporate limits of the city
27-27 for the total cost to the city of providing or making
27-28 available such services. If unpaid, such charges shall be
27-29 collected as provided in Section 6.18 of this charter.
27-30 SECTION 6.16.
27-31 Special assessments.
27-32 The city council by ordinance shall have the power to assess
27-33 and collect the cost of constructing, reconstructing,
27-34 widening, or improving any public way, street, sidewalk,
27-35 curbing, gutters, sewers, or other utility mains and
27-36 appurtenances from the abutting property owners under such
27-37 terms and conditions as are reasonable. If unpaid, such
27-38 charges shall be collected as provided in Section 6.18 of
27-39 this charter.
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28- 1 SECTION 6.17.
28- 2 Construction; other taxes and fees.
28- 3 This city shall be empowered to levy any other tax or fee
28- 4 allowed now or hereafter by law, and the specific mention of
28- 5 any right, power, or authority in this charter shall not be
28- 6 construed as limiting in any way the general powers of this
28- 7 city to govern its local affairs.
28- 8 SECTION 6.18.
28- 9 Collection of delinquent taxes and fees.
28-10 The city council by ordinance may provide generally for the
28-11 collection of delinquent taxes, fees, or other revenue due
28-12 the city under Sections 6.10 through 6.17 of this charter by
28-13 whatever reasonable means as are not precluded by law. This
28-14 shall include providing for the dates when the taxes or fees
28-15 are due; late penalties or interest; issuance and execution
28-16 of fi. fas.; creation and priority of liens; making
28-17 delinquent taxes and fees personal debts of the persons
28-18 required to pay the taxes or fees imposed; revoking city
28-19 permits for failure to pay any city taxes or fees; and
28-20 providing for the assignment or transfer of tax executions.
28-21 SECTION 6.19.
28-22 General obligation bonds.
28-23 The city council shall have the power to issue bonds for the
28-24 purpose of raising revenue to carry out any project,
28-25 program, or venture authorized under this charter or the
28-26 laws of the state. Such bonding authority shall be exercised
28-27 in accordance with the laws governing bond issuance by
28-28 municipalities in effect at the time said issue is
N undertaken.
28-30 SECTION 6.20.
28-31 Revenue bonds.
28-32 Revenue bonds may be issued by the city council as state law
28-33 now or hereafter provides. Such bonds are to be paid out of
28-34 any revenue produced by the project, program, or venture for
28-35 which they were issued.
28-36 SECTION 6.21.
28-37 Short-term loans.
28-38 The city may obtain short-term loans and must repay such
28-39 loans not later than December 31 of each year, unless
28-40 otherwise provided by law.
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29- 1 SECTION 6.22.
29- 2 Lease-purchase contracts.
29- 3 The city may enter into renewable lease, purchase, or
29- 4 lease-purchase contracts for the acquisitions of goods,
29- 5 materials, real and personal property, services, and
29- 6 supplies, provided that the contract terminates without
29- 7 further obligation on the part of the municipality at the
29- 8 close of the calendar year in which it was executed and at
29- 9 the close of each succeeding calendar year for which it may
29-10 be renewed. Contracts must be executed in accordance with
29-11 the requirements of Code Section 36-60-13 of the Official
29-12 Code of Georgia Annotated, or other such applicable laws as
29-13 are or may hereafter be enacted.
29-14 SECTION 6.23.
Fiscal year.
29-15 The city council shall set the fiscal year by ordinance.
29-16 This fiscal year shall constitute the budget year and the
29-17 year for financial accounting and reporting of each and
29-18 every office, department, agency, and activity of the city
29-19 government.
29-20 SECTION 6.24.
29-21 Preparation of budgets.
29-22 The city council shall provide an ordinance on the
29-23 procedures and requirements for the preparation and
29-24 execution of an operating budget, a capital improvement
29-25 plan, and a capital budget, including requirements as to the
29-26 scope, content, and form of such budgets and plans.
29-27 SECTION 6.25.
29-28 Submission of operating budget to city council.
29-29 On or before a date fixed by the city council, but not later
29-30 than 30 days prior to the beginning of each fiscal year, the
29-31 mayor shall submit to the city council a proposed operating
29-32 budget for the ensuing fiscal year. The budget shall be
29-33 accompanied by a message from the mayor containing a
29-34 statement of the general fiscal policies of the city, the
29-35 important features of the budget, explanations of major
29-36 changes recommended for the next fiscal year, a general
29-37 summary of the budget, and such other pertinent comments and
29-38 information. The operating budget, the capital budget, the
29-39 budget message, and all supporting documents shall be filed
29-40 in the office of the city clerk and shall be open to public
29-41 inspection.
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30- 1 SECTION 6.26.
30- 2 Action by city council on budget.
30- 3 (a) The city council may amend the operating budget proposed
30- 4 by the mayor, except that the budget as finally amended and
30- 5 adopted must provide for all expenditures required by state
30- 6 law or by other provisions of this charter and for all debt
30- 7 service requirements for the ensuing fiscal year. The total
30- 8 appropriations from any fund shall not exceed the estimated
30- 9 fund balance, reserves, and revenues.
30-10 (b) The city council by ordinance shall adopt the final
30-11 operating budget for the ensuing fiscal year not later than
30-12 June 30 of each year. If the city council fails to adopt the
30-13 budget by this date, the amounts appropriated for operation
30-14 for the current fiscal year shall be deemed adopted for the
30-15 ensuing year on a month-to-month basis, with all items
30-16 prorated accordingly until such time as the city council
30-17 adopts a budget for the ensuing fiscal year. Adoption of
30-18 the budget shall take the form of an appropriations
30-19 ordinance setting out the estimated revenues in detail by
30-20 sources and making appropriations according to fund and by
30-21 organizational unit, purpose, or activity as set out in the
30-22 budget preparation ordinance adopted pursuant to Section
30-23 6.24 of this charter.
30-24 (c) The amount set out in the adopted operating budget for
30-25 each organizational unit shall constitute the annual
30-26 appropriation for such, and no expenditure shall be made or
30-27 encumbrance created in excess of the otherwise encumbered
30-28 balance of the appropriations or allotment thereof, to which
30-29 it is chargeable.
30-30 SECTION 6.27.
Tax levies.
30-31 The city council shall levy by ordinance such taxes as are
30-32 necessary. The taxes and tax rates set by such ordinance
30-33 shall be such that reasonable estimates of revenues from
30-34 such levy shall at least be sufficient, together with other
30-35 anticipated revenues, fund balances and applicable reserves,
30-36 to equal the total amount appropriated for each of the
30-37 several funds set forth in the annual operating budget for
30-38 defraying the expense of the general government of this
30-39 city.
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31- 1 SECTION 6.28.
31- 2 Changes in appropriations.
31- 3 The city council by ordinance may make changes in the
31- 4 appropriations contained in the current operating budget, at
31- 5 any regular meeting or special or emergency meeting called
31- 6 for such purpose, but any additional appropriations may be
31- 7 made only from an existing unexpended surplus.
31- 8 SECTION 6.29.
31- 9 Capital budget.
31-10 (a) On or before the date fixed by the city council, but no
31-11 later than 60 days prior to the beginning of each fiscal
31-12 year, the mayor shall submit to the city council a proposed
31-13 capital improvements plan with a recommended capital budget
31-14 containing the means of financing the improvements proposed
31-15 for the ensuing fiscal year. The city council shall have
31-16 power to accept, with or without amendments, or reject the
31-17 proposed plan and proposed budget. The city council shall
31-18 not authorize an expenditure for the construction of any
31-19 building, structure, work, or improvement unless the
31-20 appropriations for such project are included in the capital
31-21 budget, except to meet a public emergency as provided in
31-22 Section 2.24 of this charter.
31-23 (b) The city council shall adopt by ordinance the final
31-24 capital budget for the ensuing fiscal year not later than
31-25 June 30 of each year. No appropriation provided for in a
31-26 prior capital budget shall lapse until the purpose for which
31-27 the appropriation was made shall have been accomplished or
31-28 abandoned; provided, however, the mayor may submit
31-29 amendments to the capital budget at any time during the
31-30 fiscal year accompanied by recommendations. Any such
31-31 amendments to the capital budget shall become effective only
31-32 upon adoption by ordinance.
31-33 SECTION 6.30.
31-34 Independent audit.
31-35 There shall be an annual independent audit of all the city
31-36 accounts, funds, and financial transactions by a certified
31-37 public accountant selected by the city council. The audit
31-38 shall be conducted according to generally accepted auditing
31-39 principles. Any audit of any funds by the state or federal
31-40 governments may be accepted as satisfying the requirements
31-41 of this charter. Copies of annual audit reports shall be
31-42 available at printing costs to the public.
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32- 1 SECTION 6.31.
32- 2 Contracting procedures.
32- 3 No contract with the city shall be binding on the city
32- 4 unless:
32- 5 (1) It is in writing;
32- 6 (2) It is made or authorized by the city council and
32- 7 such approval is entered in the city council journal of
32- 8 proceedings pursuant to Section 2.21 of this charter;
32- 9 and
32-10 (3) It is signed by the mayor or the mayor pro tempore.
32-11 SECTION 6.32.
32-12 Centralized purchasing.
32-13 The city council shall by ordinance prescribe procedures for
32-14 a system of centralized purchasing for the city.
32-15 SECTION 6.33.
32-16 Sale and lease of city property.
32-17 (a) The city council may sell and convey or lease any real
32-18 or personal property owned or held by the city for
32-19 governmental or other purposes as now or hereafter provided
32-20 by law.
32-21 (b) The city council may quitclaim any rights it may have in
32-22 property not needed for public purposes upon report by the
32-23 mayor and adoption of a resolution, both finding that the
32-24 property is not needed for public or other purposes and that
32-25 the interest of the city has no readily ascertainable
32-26 monetary value.
32-27 (c) Whenever in opening, extending, or widening any street,
32-28 avenue, alley, or public place of the city, a small parcel
32-29 or tract of land is cut off or separated by such work from a
32-30 larger tract or boundary of land owned by the city, the city
32-31 council may authorize the mayor to sell and convey said
32-32 cut-off or separated parcel or tract of land to an abutting
32-33 or adjoining property owner or owners where such sale and
32-34 conveyance facilitates the enjoyment of the highest and best
32-35 use of the abutting owner's property. Included in the sales
32-36 contract shall be a provision for the rights of way of said
32-37 street, avenue, alley, or public place. Each abutting
32-38 property owner shall be notified of the availability of the
32-39 property and given the opportunity to purchase said property
32-40 under such terms and conditions as set out by ordinance. All
32-41 deeds and conveyances so executed and delivered shall convey
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33- 1 all title and interest the city has in such property,
33- 2 notwithstanding the fact that no public sale after
33- 3 advertisement was or is hereafter made.
ARTICLE VII
33- 4 General provisions
33- 5 SECTION 7.10.
33- 6 Bonds for officials.
33- 7 The officers and employees of the city, both elected and
33- 8 appointed, shall execute such surety and fidelity bonds in
33- 9 such amounts and upon such terms and conditions as the city
33-10 council shall from time to time require by ordinance or as
33-11 may be provided by law.
33-12 SECTION 7.11.
33-13 Existing ordinances, resolutions, rules, and
regulations.
33-14 Existing ordinances, resolutions, rules, and regulations of
33-15 this city not in conflict with this charter shall continue
33-16 in force, unless repealed or amended, for two years from
33-17 the effective date of this charter. During such two-year
33-18 period, the city council shall review all such provisions
33-19 and shall readopt, repeal, or amend each, so that a
33-20 codification as provided by subsection (b) of Section 2.26
33-21 of this charter is accomplished.
33-22 SECTION 7.12.
33-23 Existing personnel and officers.
33-24 Except as specifically provided otherwise by this charter,
33-25 all personnel and officers of the city and their rights,
33-26 privileges, and powers shall continue beyond the time this
33-27 charter takes effect for a period of 90 days before or
33-28 during which the existing city council shall pass a
33-29 transition ordinance detailing the changes in personnel and
33-30 appointed officers required or desired and arranging such
33-31 titles, rights, privileges, and powers as may be required or
33-32 desired to allow a reasonable transition.
33-33 SECTION 7.13.
33-34 Pending matters.
33-35 Except as specifically provided otherwise by this charter,
33-36 all rights, claims, actions, orders, contracts, and legal or
33-37 administrative proceedings shall continue, and any such
33-38 ongoing work or cases shall be completed by such city
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34- 1 agencies, personnel, or offices as may be provided by the
34- 2 city council.
34- 3 SECTION 7.14.
34- 4 Construction.
34- 5 (a) Section captions in this charter are informative only
34- 6 and are not to be considered as a part thereof.
34- 7 (b) The word "shall" is mandatory and the word "may" is
34- 8 permissive.
34- 9 (c) The singular shall include the plural, the masculine
34-10 shall include the feminine, and vice versa.
34-11 SECTION 7.15.
34-12 Severability.
34-13 If any article, section, subsection, paragraph, sentence, or
34-14 part thereof of this charter shall be held to be invalid or
34-15 unconstitutional, such invalidity or unconstitutionality
34-16 shall not affect or impair other parts of this charter
34-17 unless it clearly appears that such other parts are wholly
34-18 and necessarily dependent upon the part held to be invalid
34-19 or unconstitutional, it being the legislative intent in
34-20 enacting this charter that each article, section,
34-21 subsection, paragraph, sentence or part thereof be enacted
34-22 separately and independently of each other.
34-23 SECTION 7.16.
34-24 Specific repealer.
34-25 An Act incorporating the City of Bellville in the County of
34-26 Evans, approved March 10, 1959 (Ga. L. 1959, pp. 2954-2963),
34-27 is repealed in its entirety and all amendatory acts thereto
34-28 are likewise repealed in their entirety.
34-29 SECTION 7.17.
34-30 Effective date.
34-31 This charter shall become effective on July 1, 1996.
34-32 SECTION 7.18.
34-33 General repealer.
34-34 All laws and parts of laws in conflict with this Act are
34-35 repealed.
-34- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97