HB 1887 - Dawsonville, City of; new charter
Georgia House of Representatives - 1995/1996 Sessions
HB 1887 - Dawsonville, City of; new charter
1. Smith 19th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 92 Nays 0 Senate Vote: Yeas 46 Nays 0
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House Action Senate
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3/8/96 Read 1st Time 3/13/96
3/12/96 Read 2nd Time
3/13/96 Favorably Reported 3/15/96
3/13/96 Read 3rd Time
3/13/96 Passed/Adopted 3/15/96
4/3/96 Sent to Governor
4/4/96 Signed by Governor
786 Act/Veto Number
4/4/96 Effective Date
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Code Sections amended:
HB 1887 LC 11 9022
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act granting a new charter to the City of
1- 2 Dawsonville, approved April 6, 1967 (Ga. L. 1967, p. 2748),
1- 3 as amended, so as to provide a new charter for the City of
1- 4 Dawsonville; to provide for incorporation, boundaries, and
1- 5 powers of the city; to provide for a governing authority of
1- 6 such city and the powers, duties, authority, election,
1- 7 terms, vacancies, compensation, expenses, qualifications,
1- 8 prohibitions, conflicts of interest, and suspension and
1- 9 removal from office relative to members of such governing
1-10 authority; to provide for inquiries and investigations; to
1-11 provide for oaths, organization, meetings, quorum, voting,
1-12 rules, and procedures; to provide for ordinances and codes;
1-13 to provide for a city manager, mayor, and mayor pro tempore
1-14 and certain duties, powers, and other matters relative
1-15 thereto; to provide for administrative affairs and
1-16 responsibilities; to provide for boards, commissions, and
1-17 authorities; to provide for a city attorney, a city clerk,
1-18 and other personnel and matters relating thereto; to provide
1-19 for rules and regulations; to provide for a municipal court
1-20 and the judge or judges thereof and other matters relative
1-21 to those judges; to provide for the court's jurisdiction,
1-22 powers, practices, and procedures; to provide for the right
1-23 of certiorari; to provide for elections; to provide for
1-24 taxation, licenses, and fees; to provide for franchises,
1-25 service charges, and assessments; to provide for bonded and
1-26 other indebtedness; to provide for auditing, accounting,
1-27 budgeting, and appropriations; to provide for city contracts
1-28 and purchasing; to provide for the conveyance of property;
1-29 to provide for bonds for officials; to provide for prior
1-30 ordinances and rules, pending matters, and existing
1-31 personnel; to provide for penalties; to provide for other
1-32 matters relative to the foregoing; to provide for an
1-33 effective date; to repeal conflicting laws; and for other
1-34 purposes.
1-35 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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LC 11 9022
SECTION 1.
2- 1 An Act granting a new charter to the City of Dawsonville,
2- 2 approved April 6, 1967 (Ga. L. 1967, p. 2748), as amended,
- d d 9 d B |@ d VB |@ d B |@ d eB |@ d B |@ d 3B |@ d B
2- 4 inserting in their place the following:
"ARTICLE I
2- 5 INCORPORATION AND POWERS
2- 6 SECTION 1.10.
2- 7 This Act shall constitute the whole charter of the City of
2- 8 Dawsonville, Georgia, in the County of Dawson. The City
2- 9 of Dawsonville, Georgia, in the County of Dawson and the
2-10 inhabitants thereof shall continue to be a body politic
2-11 and corporate under the same name and style of the City of
2-12 Dawsonville, Georgia. Under that name, said city shall
2-13 continue to be vested with all of the property and rights
2-14 of property which now belong to the corporation; shall
2-15 have perpetual succession; may sue and be sued; may
2-16 contract and be contracted with; may acquire and hold such
2-17 property, real and personal, as may be devised,
2-18 bequeathed, sold or in any manner conveyed or dedicated to
2-19 or otherwise acquired by it, and from time to time may
2-20 hold or invest, sell or dispose of the same; may have a
2-21 common seal and alter and renew the same at will; and may
2-22 exercise in conformity with this charter all municipal
2-23 powers, functions, rights, privileges, and immunities of
2-24 every name and nature whatsoever.
2-25 SECTION 1.11.
2-26 Corporate boundaries.
2-27 The boundaries of the City of Dawsonville shall be as
2-28 follows:
2-29 'All that tract or parcel of land lying and being in the
2-30 County of Dawson, State of Georgia, embracing and
2-31 including the territory beginning at the center point of
2-32 the Old Dawson County Courthouse, which is located in
2-33 the center of the public square, and extending 3,000
2-34 feet in every direction from said central point.'
2-35 (b) The city council may provide for changes by ordinance
2-36 to reflect lawful changes in the corporate boundaries.
2-37 (c) In accordance with procedures established by ordinance
2-38 of the council, the city clerk shall maintain a map, a
2-39 written legal description, or any combination thereof
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LC 11 9022
3- 1 showing the current boundaries of the city to be retained
3- 2 permanently in the city records and to be designated as
3- 3 the case may be: 'Map (or Description) of the Corporate
3- 4 Limits of the City of Dawsonville, Georgia.' Alterations
3- 5 in these boundaries shall be indicated by appropriate
3- 6 entries upon or additions to such map or description, and
3- 7 shall be made at the direction of the council.
3- 8 Photographic, typed, or other copies of such map or
3- 9 description certified by the city clerk shall be admitted
3-10 in evidence in all courts and shall have the same force
3-11 and effect as the original map or description.
3-12 SECTION 1.12.
3-13 Specific powers.
3-14 The corporate powers of the government of the City of
3-15 Dawsonville to be exercised by the city council which is
3-16 the governing authority may include the following:
3-17 (1) To levy and to provide for the assessment,
3-18 valuation, revaluation, and collection of taxes on all
3-19 property subject to taxation;
3-20 (2) To levy and to provide for the collection of license
3-21 fees and taxes on privileges, occupations, trades and
3-22 professions, and to license and regulate such
3-23 privileges, occupations, trades and professions, and to
3-24 provide for the manner and method of payment of such
3-25 licenses and taxes and to revoke such licenses;
3-26 (3) To levy and collect such other taxes as may be
3-27 allowed now or in the future by state law;
3-28 (4) To make appropriations for the support of the
3-29 government of the city, to authorize the expenditure of
3-30 money for any purposes authorized by this charter and
3-31 for any purpose for which a municipality is authorized
3-32 by the laws of the State of Georgia, and to provide for
3-33 the payment of expenses of the city;
3-34 (5) To appropriate and borrow money for the payment of
3-35 debts of the city and to issue bonds for the purpose of
3-36 raising revenue to carry out any project, program, or
3-37 venture authorized by this charter or the laws of the
3-38 State of Georgia;
3-39 (6) To acquire, dispose of, and hold in trust or
3-40 otherwise, any real, personal, or mixed property, in fee
3-41 simple or lesser interest, inside or outside the
3-42 property limits of the city;
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4- 1 (7) To accept or refuse gifts, donations, bequests, or
4- 2 grants from any source for any purpose related to the
4- 3 powers and duties of the city and the general welfare of
4- 4 its citizens on such terms and conditions as the donor
4- 5 or grantor may impose;
4- 6 (8) To condemn property, inside or outside the corporate
4- 7 limits of the city, for present or future use and for
4- 8 any corporate purpose deemed necessary by the governing
4- 9 authority, under authority of Georgia law;
4-10 (9) To acquire, lease, construct, operate, maintain,
4-11 sell, and dispose of public utilities, including but not
4-12 limited to a system of waterworks, sewers and drains,
4-13 sewage disposal, gas works, electric light plants,
4-14 transportation facilities, public airports, cable
4-15 television systems, and any other public utility; to fix
4-16 the taxes, charges, rates, fares, fees, assessments,
4-17 regulations, and penalties and withdrawal of service for
4-18 refusal or failure to pay same and the manner in which
4-19 such remedies shall be enforced;
4-20 (10) To grant franchises or make contracts for public
4-21 utilities; to prescribe the rates, fares, regulations
4-22 and standards, and conditions of service applicable to
4-23 the service to be provided by the franchise grantee or
4-24 contractor, insofar as not in conflict with such
4-25 regulations by the Public Service Commission;
4-26 (11) To lay out, open, extend, widen, narrow, establish,
4-27 change the grade of, abandon, close, construct, pave,
4-28 curb, gutter, adorn with shade trees, otherwise improve,
4-29 maintain, repair, clean, prevent erosion of, and light
4-30 streets, roads, alleys, and walkways within the
4-31 corporate limits of the city;
4-32 (12) To grant franchises and rights of way throughout
4-33 the streets and roads and over the bridges and viaducts
4-34 for the use of public utilities;
4-35 (13) To provide for the acquisition, construction,
4-36 building, operation, and maintenance of public ways,
4-37 parks and playgrounds, recreational facilities,
4-38 cemeteries, markets and market houses, public buildings,
4-39 libraries, sewers, drains, sewerage treatment, airports,
4-40 hospitals, and charitable, cultural, educational,
4-41 recreational, conservation, sport, curative, corrective,
N detentional, penal, and medical institutions, agencies,
4-43 and facilities; to provide any other public
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5- 1 improvements, inside or outside the corporate limits of
5- 2 the city; to regulate the use thereof; and for such
5- 3 purposes property may be acquired by condemnation under
5- 4 authority of Georgia law, as are or may be enacted;
5- 5 (14) To require real estate owners to repair and
5- 6 maintain in a safe condition the sidewalks adjoining
5- 7 their lots or lands and to enact ordinances establishing
5- 8 the terms and conditions under which such repairs and
5- 9 maintenance shall be effected, including the penalties
5-10 to be imposed for failure to do so;
5-11 (15) To regulate the erection and construction of
5-12 buildings and all other structures; to adopt building,
5-13 housing, plumbing, electrical, gas, and heating and air
5-14 conditioning codes and to regulate all housing,
5-15 building, and building trades; to license all building
5-16 trades; and to license the construction and erection of
5-17 buildings and all other structures;
5-18 (16) To provide for the prevention and punishment of
5-19 drunkenness, riots, and public disturbances;
5-20 (17) To regulate or prohibit junk dealers, pawn shops,
5-21 the manufacture, sale, transportation, or distribution
5-22 of intoxication liquors, and the use and sale of
5-23 firearms; and to regulate the transportation, storage
5-24 and use of combustible, explosive and inflammable
5-25 materials, the use of lighting and heating equipment,
5-26 and any other business or situation which may be
5-27 dangerous to persons or property;
5-28 (18) To regulate and control the conduct of peddlers and
5-29 itinerant trades, theatrical performances, exhibitions,
5-30 and shows of any kind whatever, by taxation or
5-31 otherwise;
5-32 (19) To license, tax, regulate, or prohibit professional
5-33 fortune telling, palmistry, adult bookstores, and
5-34 massage parlors;
5-35 (20) To prohibit or regulate and control the erection,
5-36 removal, and maintenance of signs, billboards, trees,
5-37 shrubs, fences, buildings, and any and all other
5-38 structures or obstructions upon or adjacent to the right
5-39 of way of streets and roads or within view thereof,
5-40 within or abutting the corporate limits of the city; and
5-41 to prescribe penalties and punishment for violation of
5-42 such ordinances;
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6- 1 (21) To prescribe standards of health and sanitation and
6- 2 to provide for the enforcement of such standards;
6- 3 (22) To regulate the emission of smoke or other exhaust
6- 4 which pollutes the air, to prevent the pollution of
6- 5 natural streams which flow within the corporate limits
6- 6 of the city, and to protect the waterbasins and
6- 7 watersheds from which the city's water supply is taken;
6- 8 (23) To fix and establish fire limits and from time to
6- 9 time to extend, enlarge or restrict same; to prescribe
6-10 fire safety regulations not inconsistent with general
6-11 law, relating to both fire prevention and detection and
6-12 to fire fighting; and to prescribe penalties and
6-13 punishment for violation thereof;
6-14 (24) To provide for the destruction and removal of any
6-15 building or other structure which may or might become
6-16 dangerous or detrimental to the public;
6-17 (25) To provide for the collection and disposal of
6-18 garbage, rubbish, refuse, and other solid waste; to
6-19 regulate the collection and disposal of garbage,
6-20 rubbish, refuse, and other solid waste by others; to
6-21 provide for the separate collection of glass, tin,
6-22 aluminum, cardboard, paper, and other recyclable
6-23 materials and to provide for the sale of such items; to
6-24 recover and utilize resources contained in solid waste
6-25 for production of energy and for other purposes;
6-26 (26) To levy, fix, assess, and collect a garbage,
6-27 refuse, and trash and waste collection and disposal and
6-28 other sanitary service charge, tax, or fee for such
6-29 services as may be necessary in the operation of the
6-30 city from all individuals, firms, and corporations
6-31 residing in or doing business therein benefiting from
6-32 such services; to enforce the payment of such charges,
6-33 taxes or fees; and to provide for the manner and method
6-34 of collecting such service charges;
6-35 (27) To levy a fee, charge, or sewer tax as necessary to
6-36 assure the acquiring, constructing, equipping,
6-37 operating, maintaining, and extending of a sewage
6-38 disposal plant or plants and sewerage systems; to levy
6-39 on the users of sewers and sewerage systems a sewer
6-40 service charge fee or sewer tax for the use of the
6-41 sewers; and to provide for the manner and method of
6-42 collecting such service charges and for enforcing
6-43 payment of same;
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7- 1 (28) To charge, impose, and collect a sewer connection
7- 2 fee or fees, and to charge the same from time to time;
7- 3 such fees to be levied on the users connecting with the
7- 4 sewerage system;
7- 5 (29) To define, regulate, and prohibit any act,
7- 6 practice, conduct, or use of property which is
7- 7 detrimental or likely to be detrimental to the health,
7- 8 sanitation, cleanliness, welfare, and safety of the
7- 9 inhabitants of the city and to provide for the
7-10 enforcement of such standards;
7-11 (30) To define a nuisance and provide for its abatement
7-12 whether on public or private property;
7-13 (31) To provide for the preservation and protection of
7-14 property and equipment of the city and the
7-15 administration and use of the same by the public, and to
7-16 prescribe penalties and punishment for violations
7-17 thereof;
7-18 (32) To establish minimum standards for and to regulate
7-19 building construction and repair, electrical wiring and
7-20 equipment, gas installation and equipment, plumbing, and
7-21 housing for the health, sanitation, cleanliness,
7-22 welfare, and safety of inhabitants of the city, and to
7-23 provide for the enforcement of such standards;
7-24 (33) To provide that persons given jail sentences in the
7-25 municipal court shall work out such sentences in any
7-26 public works or on the streets, roads, drains, and
7-27 squares or other public property of the city; or to
7-28 provide for commitment of such persons to any county
7-29 correctional institution or jail by agreement with the
7-30 appropriate county officials;
7-31 (34) To adopt ordinances and regulations for the
7-32 prevention of loitering, disorderly conduct, public
7-33 drunkenness, and disturbing the peace in the corporate
7-34 limits of the city; to prohibit the playing of lotteries
7-35 therein; and to prohibit or regulate by ordinance such
7-36 other conduct and activities within the city which,
7-37 while not constituting an offense against the laws of
7-38 the state, is deemed by the governing authority to be
7-39 detrimental and offensive to the peace and good order
7-40 of the city or to the welfare of the citizens thereof;
7-41 (35) To regulate and license or prohibit the keeping or
7-42 running at large of animals and fowl and to provide for
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8- 1 the impoundment of same if in violation of any ordinance
8- 2 or lawful order; to provide for the disposition by sale,
8- 3 gift, or humane destruction of animals and fowl when not
8- 4 redeemed as provided by ordinance; and to provide
8- 5 punishment for violation of ordinances enacted under
8- 6 this charter;
8- 7 (36) To regulate the operation of motor vehicles and
8- 8 exercise control over all traffic, including parking,
8- 9 upon or across the streets, roads, alleys, and walkways
8-10 of the city;
8-11 (37) To regulate and license vehicles operated for hire
8-12 in the city; to limit the number of such vehicles; to
8-13 require the operators thereof to be licensed; to require
8-14 public liability insurance on such vehicles in the
8-15 amounts to be prescribed by ordinance; and to regulate
8-16 and rent parking spaces in public ways for the use of
8-17 such vehicles;
8-18 (38) To provide and maintain a system of pensions and
8-19 retirement for officers and employees of the city;
8-20 (39) To levy and provide for the collection of special
8-21 assessments to cover the costs for any public
8-22 improvements;
8-23 (40) To enter into contracts and agreements with other
8-24 governmental entities and with private persons, firms,
8-25 and corporations providing for services to be furnished
8-26 and payments to be made therefor;
8-27 (41) To create, alter, or abolish departments, boards,
8-28 offices, commissions, and agencies of the city and to
8-29 confer upon such departments, boards, offices,
8-30 commissions, and agencies the necessary and appropriate
8-31 authority for carrying out all the powers conferred upon
8-32 or delegated to same;
8-33 (42) To make, ordain, and establish such bylaws,
8-34 ordinances, rules, and regulations as shall appear
8-35 necessary for the security, welfare, convenience, and
8-36 interest of the city and the inhabitants thereof and
8-37 for preserving the health, peace, order, and good
8-38 government of the city;
8-39 (43) To provide penalties for violation of any ordinance
8-40 adopted pursuant to the authority of this charter and
8-41 the laws of the State of Georgia;
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9- 1 (44) To exercise the power of arrest through a duly
9- 2 appointed police force and to organize and operate a
9- 3 fire fighting agency;
9- 4 (45) To establish procedures for determining and
9- 5 proclaiming that an emergency situation exists within
9- 6 the city, and to make and carry out all reasonable
9- 7 provisions deemed necessary to deal with or meet such an
9- 8 emergency for the protection, safety, health, or well
9- 9 being of the citizens of the city;
9-10 (46) To provide comprehensive city planning for
9-11 development by zoning, subdivision regulations, and the
9-12 like as the city council deems necessary and reasonable
9-13 to ensure a safe, healthy, and aesthetically pleasing
9-14 community;
9-15 (47) To organize and operate an urban redevelopment
9-16 program;
9-17 (48) To organize and operate such public transportation
9-18 systems as are deemed beneficial; and
9-19 (49) To exercise and enjoy all the powers, functions,
9-20 rights, privileges, and immunities necessary or
9-21 desirable to promote or protect the safety, health,
9-22 peace, security, good order, comfort, convenience, or
9-23 general welfare of the city and its inhabitants; to
9-24 exercise all implied powers necessary to carry into
9-25 execution all powers granted in this charter as fully
9-26 enumerated in this charter; to exercise all powers now
9-27 or in the future authorized to be exercised by other
9-28 municipal governments under other laws of the State of
9-29 Georgia; and no enumeration of particular powers in this
9-30 charter shall be held to be exclusive of others, nor
9-31 restrictive of general words and phrases granting
9-32 powers, but shall be held to be in addition to such
9-33 powers unless expressly prohibited to municipalities
9-34 under the Constitution or applicable laws of the State
9-35 of Georgia.
9-36 SECTION 1.13.
9-37 General powers.
9-38 In addition to all other powers granted in this charter,
9-39 the city shall be vested with any and all powers which
9-40 municipal corporations are, or may hereafter be,
9-41 authorized or required to exercise under the Constitution
9-42 and laws of the State of Georgia, as fully and completely
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10- 1 as though such powers were specifically enumerated in this
10- 2 charter; and any and all powers which the city was
10- 3 heretofore authorized to exercise upon the effective date
10- 4 of this charter.
10- 5 SECTION 1.14.
10- 6 Construction.
10- 7 The powers of the city shall be construed liberally and in
10- 8 favor of the city. The specific mention or failure to
10- 9 mention particular powers in this charter shall not be
10-10 construed as limiting in any way the general power of the
10-11 city as stated in this charter. It is the intention of
10-12 this charter to grant to the city full powers and rights
10-13 to exercise all governmental authority necessary for the
10-14 effective operation and conduct of the city and all of its
10-15 affairs.
10-16 SECTION 1.15.
10-17 Exercise of powers.
10-18 All powers, functions, rights, privileges, and immunities
10-19 of the city and its officers, agencies, or employees shall
10-20 be carried into execution as provided by this charter. If
10-21 this charter makes no provision, such powers, functions,
10-22 rights, privileges, and immunities shall be carried into
10-23 execution as provided by ordinance of the governing
10-24 authority and as provided by pertinent laws of the State
10-25 of Georgia.
ARTICLE II
10-26 GOVERNMENT STRUCTURE
10-27 SECTION 2.10.
10-28 City council creations; composition; number;
election.
10-29 The legislative authority of the government of this city,
10-30 except as otherwise specifically provided in this charter,
10-31 shall be vested in a city council to be composed of a
10-32 mayor and four councilmembers. The city council shall be
10-33 a successor to and continuation of the city governing
10-34 authority under prior law. The mayor and councilmembers
10-35 shall be elected in the manner provided in Article V of
10-36 this charter.
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11- 1 SECTION 2.11.
11- 2 Terms and qualifications of office.
11- 3 The members of the council shall serve for terms of four
11- 4 years and until their respective successors are elected
11- 5 and qualified. The mayor shall serve for a term of four
11- 6 years and until his or her successor is elected and
11- 7 qualified. No person shall be eligible to serve as mayor
11- 8 or councilmember unless he or she: (1) has been a
11- 9 resident of the city for a period of one year immediately
11-10 prior to the date of the election of mayor or
11-11 councilmember; (2) continues to reside within the city
11-12 during his or her period of service; (3) is registered and
11-13 qualified to vote in municipal elections of the City of
11-14 Dawsonville; and (4) meets any requirements imposed under
11-15 Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia
11-16 Municipal Election Code,' or other general laws of this
11-17 state.
11-18 SECTION 2.12.
11-19 Vacancy; forfeiture of office; filling of
vacancies.
11-20 (a) The office of mayor or councilmember shall become
11-21 vacant upon the incumbent's death, resignation, forfeiture
11-22 of office, or removal from office in any manner authorized
11-23 by this charter or the laws of the State of Georgia.
11-24 (b) A vacancy in the office of mayor or councilmember
11-25 shall be filled for the remainder of the unexpired term,
11-26 if any, as provided for in Article V of this charter.
11-27 SECTION 2.13.
11-28 Compensation and expenses.
11-29 (a) Beginning on the effective date of this charter, the
11-30 compensation of the mayor shall be $400.00 per month and
11-31 the compensation of each councilmember shall be $100.00
11-32 per month.
11-33 (b) In the event any member of the city council travels
11-34 beyond the limits of the county in connection with
11-35 business affairs of the city in performance of his or her
11-36 duty upon such city council, he or she shall be reimbursed
11-37 for all necessary expenses incurred for travel, lodging,
11-38 and meals as may be authorized by city council. However,
11-39 this reimbursement shall be contingent upon proper
11-40 documentation of the expenses being provided.
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12- 1 (c) The mayor or council shall be authorized to fix the
12- 2 salary, compensation, and expenses of the mayor and each
12- 3 member of the council in accordance with the provisions of
12- 4 Code Section 36-35-4 of the O.C.G.A.
12- 5 SECTION 2.14.
12- 6 Holding other offices.
12- 7 Except as authorized by law, no member of the council
12- 8 shall hold any other elected office or municipal
12- 9 employment in the City of Dawsonville during the term for
12-10 which he or she is elected.
12-11 SECTION 2.15.
12-12 Conflict of interest.
12-13 (a) No elected official, appointed officer, or employee of
12-14 the city or any agency or political entity to which this
12-15 charter applies shall knowingly:
12-16 (1) Engage in any business or transaction or have a
12-17 financial or other personal interest, direct or
12-18 indirect, which is incompatible with the proper
12-19 discharge of his or her official duties of which would
12-20 tend to impair his or her independence of judgment or
12-21 action in the performance of his or her official duties;
12-22 (2) Engage in or accept private employment or render
12-23 services for private interests when such employment or
12-24 service is incompatible with the proper discharge of his
12-25 or her official duties or would tend to impair the
12-26 independence of his or her judgment or action in the
12-27 performance of his or her official duties;
12-28 (3) Disclose confidential information concerning the
12-29 property, government, or affairs of the governmental
12-30 body by which he or she is engaged without proper legal
12-31 authorization or use such information to advance the
12-32 financial or other private interest of himself or
12-33 herself or others;
12-34 (4) Accept any valuable gift, whether in the form of
12-35 service, loan, thing, or promise, from any person, firm,
12-36 or corporation which to his or her knowledge is
12-37 interested, directly or indirectly, in business dealings
12-38 with the governmental body by which he or she is
12-39 engaged; provided, however, that an elected official who
12-40 is a candidate for public office may accept campaign
12-41 contributions and services in connection with any such
12-42 campaign;
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13- 1 (5) Represent other private interests in any action or
13- 2 proceeding against this city or any portion of its
13- 3 government; or
13- 4 (6) Vote or otherwise participate in the negotiation or
13- 5 the making of any contract with any business or entity
13- 6 in which he or she has a financial interest.
13- 7 (b) Any elected official, appointed officer, or employee
13- 8 who shall have any private financial interest, directly or
13- 9 indirectly, in any contract or matter pending before or
13-10 within any department of the city shall disclose such
13-11 private interest to the city council. The mayor or any
13-12 councilmember who has a private interest in any matter
13-13 pending before the city council shall disclose such
13-14 private interest and such disclosure shall be entered on
13-15 the records of the city council and he or she shall
13-16 disqualify himself or herself from participating in any
13-17 decision or vote relating thereto. Any elected official,
13-18 appointed officer, or employee of any agency or political
13-19 entity to which this charter applies who shall have any
13-20 private financial interest, directly or indirectly, in any
13-21 contract or matter pending before or within such entity
13-22 shall disclose such private interest to the governing body
13-23 of such agency or entity.
13-24 (c) No elected official, appointed officer, or employee of
13-25 the city or any agency or entity to which this charter
13-26 applies shall use property owned by such government for
13-27 personal benefit, convenience, or profit, except in
13-28 accordance with policies promulgated by the city council
13-29 or the governing body of such agency or entity.
13-30 (d) Any violation of this section which occurs with the
13-31 knowledge, express or implied, of another party to a
13-32 contract or sale shall render said contract or sale
13-33 voidable as to that party, at the option of the city
13-34 council.
13-35 (e)(1) Any city officer or employee who knowingly
13-36 conceals such financial interest or knowingly violates
13-37 any of the requirements of this section shall be guilty
13-38 of malfeasance in office or position and shall be deemed
13-39 to have forfeited his or her office or position.
13-40 (2) Any officer or employee of the city who shall
13-41 forfeit his or her office or position as described in
13-42 paragraph (1) of this subsection shall be ineligible for
13-43 appointment or election to or employment in a position
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LC 11 9022
14- 1 in the city government for a period of three years
14- 2 thereafter.
14- 3 SECTION 2.16.
14- 4 Inquiries and investigations.
14- 5 The council may make inquiries and investigations into
14- 6 affairs of the city and the conduct of any department,
14- 7 office, or agency thereof and for this purpose may
14- 8 subpoena witnesses, administer oaths, take testimony, and
14- 9 require the production of evidence. Any person who fails
14-10 or refuses to obey a lawful order issued in the exercise
14-11 of these powers by the council shall be punished as
14-12 provided by ordinance.
14-13 SECTION 2.17.
14-14 General power and authority of the council.
14-15 (a) Except as otherwise provided by law or by this
14-16 charter, the council shall be vested with all the powers
14-17 of government of the City of Dawsonville provided in
14-18 Article I of this charter.
14-19 (b) In addition to all other powers conferred on it by
14-20 law, the council shall have the authority to adopt and
14-21 provide for the execution of such ordinances, resolutions,
14-22 rules, and regulations not inconsistent with this charter
14-23 or the Constitution and the laws of the State of Georgia
14-24 which it shall deem necessary, expedient or helpful for
14-25 the peace, good order, protection of life and property,
14-26 health and welfare, sanitation, comfort, convenience,
14-27 prosperity, or well-being of the inhabitants of the City
14-28 of Dawsonville and may enforce such ordinances,
14-29 resolutions, rules, and regulations by imposing penalties
14-30 for violation thereof.
14-31 (c) The council may by ordinance create, change, alter,
14-32 abolish, or consolidate offices, agencies, and departments
14-33 of the city and may assign additional functions to any of
14-34 the offices, agencies, and departments expressly provided
14-35 for by this charter.
14-36 SECTION 2.18.
14-37 Duties of mayor.
14-38 The mayor shall be the chief executive officer of the City
14-39 of Dawsonville. The mayor shall possess all of the
14-40 executive and administrative powers granted to the city
14-41 under the Constitution and laws of the State of Georgia
14-42 and all the executive and administrative powers contained
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LC 11 9022
15- 1 in this charter except those administrative powers which
15- 2 are granted to the city manager under Section 3.14 of this
15- 3 charter. The mayor shall:
15- 4 (1) Preside at all meetings of the council;
15- 5 (2) Vote as a member of the council only at such times
15- 6 as are necessary to break a tie or deadlock of the
15- 7 council;
15- 8 (3) Be the official head of the city for the service of
15- 9 process and for ceremonial purposes;
15-10 (4) Have the power to administer oaths and to take
15-11 affidavits;
15-12 (5) Sign all written contracts entered into by the
15-13 council on behalf of the city and all other contracts
15-14 and instruments executed by the city which by law are
15-15 required to be in writing;
15-16 (6) See that all laws and ordinances of the city are
15-17 faithfully executed; and
15-18 (7) Perform other duties as may be required by law, this
15-19 charter, or ordinance or as otherwise directed by the
15-20 city council.
15-21 SECTION 2.19.
15-22 Organization meeting.
15-23 The council shall meet for organization on the first
15-24 Tuesday in December following each regular election. The
15-25 meeting shall be called to order by the city clerk and the
15-26 oath of office shall be administered to all newly elected
15-27 officials of the city as follows:
15-28 'I solemnly swear (or affirm) that I will support the
15-29 Constitution of the United States and of the State of
15-30 Georgia; that I will in all respects observe the
15-31 provisions of the charter and ordinances of the City of
15-32 Dawsonville; and I will faithfully discharge the duties
15-33 of (mayor or councilmember, as the case may be). So
15-34 help me God.'
15-35 SECTION 2.20.
15-36 Mayor pro tempore.
15-37 At the organization meeting described in Section 2.19 of
15-38 this charter, the council shall elect one of its members
15-39 to serve as mayor pro tempore for that year who shall
15-40 discharge the duties and exercise the powers and authority
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LC 11 9022
16- 1 of the mayor in the absence, disability, or
16- 2 disqualification of the mayor and during any vacancy in
16- 3 the office of mayor; provided, that his or her rights and
16- 4 duties as councilmember shall remain unimpaired.
16- 5 SECTION 2.21.
16- 6 Regular and special meetings.
16- 7 (a) The council shall hold regular meetings on the first
16- 8 Tuesday of each month at Dawsonville City Hall which is
16- 9 located off the Public Square. The council may recess any
16-10 regular meeting and continue such meetings on any weekday
16-11 or hour it may fix and may transact any business at such
16-12 continued meeting as may be transacted at any regular
16-13 meeting.
16-14 (b) Special meetings of the council may be held on call of
16-15 the mayor or the mayor pro tempore and two councilmembers.
16-16 Notice of such special meetings shall be served on all
16-17 other members personally or by telephone personally, or
16-18 shall be left at their residence at least 12 hours in
16-19 advance of the meeting. Such notice shall not be required
16-20 if the mayor and all councilmembers are present when the
16-21 special meeting is called. Such notice of any special
16-22 meeting may be waived by a councilmember in writing before
16-23 or after such meeting, and attendance at the meeting shall
16-24 also constitute a waiver of notice on any business
16-25 transacted in such councilmember's presence. Only the
16-26 business stated in the call may be transacted at the
16-27 special meeting except by unanimous consent of all members
16-28 present. With such consent, any business which may be
16-29 transacted in a regular meeting may be conducted at the
16-30 special meeting.
16-31 (c) To meet a public emergency affecting life, health,
16-32 property, or public peace, the city council may convene on
16-33 call of the mayor or the mayor pro tempore or two
16-34 councilmembers and promptly adopt an emergency ordinance,
16-35 but such ordinance may not levy taxes, grant, renew, or
16-36 extend a franchise, regulate the rate charged by any
16-37 public utility for its services, or authorize the
16-38 borrowing of money except for loans to be repaid within 30
16-39 days. An emergency ordinance shall be introduced in the
16-40 form prescribed for ordinances generally except that it
16-41 shall be plainly designated as an emergency ordinance and
16-42 shall contain, after the enacting clause, a declaration
16-43 stating that an emergency exists and describing it in
16-44 clear and specific terms. An emergency ordinance may be
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LC 11 9022
17- 1 adopted with or without amendment or rejected at the
17- 2 meeting at which it is introduced, but the affirmative
17- 3 vote of at least two councilmembers shall be required for
17- 4 adoption. It shall become effective upon adoption or at
17- 5 such later time as it may specify. Every emergency
17- 6 ordinance shall automatically stand repealed 30 days
17- 7 following the date upon which it was adopted, but this
17- 8 shall not prevent reenactment of the ordinance in the
17- 9 manner specified in this Section if the emergency still
17-10 exists. An emergency ordinance may also be repealed by
17-11 adoption of a repealing ordinance in the same manner
17-12 specified in this Section for adoption of emergency
17-13 ordinances.
17-14 SECTION 2.22.
17-15 Rules of procedure.
17-16 The council shall adopt its rules of procedure and order
17-17 of business consistent with the provisions of this charter
17-18 and shall provide for the keeping of a journal of its
17-19 proceedings, which shall be a public record.
17-20 SECTION 2.23.
17-21 Quorum; voting.
17-22 Three councilmembers and the mayor or mayor pro tempore
17-23 shall constitute a quorum and shall be authorized to
17-24 transact business of the council. Voting on the adoption
17-25 of ordinances shall be taken by a recorded vote of the
17-26 council and shall be entered upon the minutes. Any member
17-27 of the council shall have the right to request a roll-call
17-28 vote. The affirmative vote of a majority of the council
17-29 present shall be required for the adoption of any
17-30 ordinance, resolution, or motion except as otherwise
17-31 provided in this charter.
17-32 SECTION 2.24.
17-33 Ordinance form; procedure.
17-34 (a) Every proposed ordinance shall be introduced in
17-35 writing and in the form required for final adoption. No
17-36 ordinance shall contain a subject which is not expressed
17-37 in its title. The enacting clause shall be 'The Council
17-38 of the City of Dawsonville hereby ordains...,' and every
17-39 ordinance shall so begin.
17-40 (b) An ordinance may be introduced by any councilmember
17-41 and read at a regular or special meeting of the city
17-42 council. Ordinances shall be considered and adopted or
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LC 11 9022
18- 1 rejected by the city council in accordance with the rules
18- 2 which it shall establish; provided, however, an ordinance
18- 3 shall not be adopted the same day it is introduced, except
18- 4 for emergency ordinances provided in subsection (c) of
18- 5 Section 2.21 of this charter. Upon introduction of any
18- 6 ordinance, the clerk shall distribute a copy to the mayor
18- 7 and to each councilmember before the same is adopted and
18- 8 at the same time shall file a reasonable number of copies
18- 9 in the office of the clerk and at such other public places
18-10 as the city council may designate.
18-11 SECTION 2.25.
18-12 Action requiring an ordinance.
18-13 In addition to other acts required by general state law or
18-14 by specific provisions of this charter to be done by
18-15 ordinance, acts of the city council which have the force
18-16 and effect of law shall be done by ordinance.
18-17 SECTION 2.26.
18-18 Codes of technical regulation.
18-19 The city council may adopt any standard code of technical
18-20 regulations by reference thereto in an adopting ordinance.
18-21 The procedure and requirements governing such adopting
18-22 ordinance shall be as prescribed for ordinances generally
18-23 except that:
18-24 (1) The requirements of subsection (b) of Section 2.24
18-25 of this charter for distribution and filing of copies of
18-26 an ordinance shall be construed to include copies of any
18-27 code of technical regulations as well as the adopting
18-28 ordinance; and
18-29 (2) A copy of each adopted code of technical
18-30 regulations, as well as the adopting ordinance, shall be
18-31 authenticated and recorded by the clerk pursuant to
18-32 Section 2.27 of this charter.
18-33 SECTION 2.27.
18-34 Signing; authenticating; recording; codificating;
18-35 printing of ordinances.
18-36 (a) The city clerk shall authenticate by his or her
18-37 signature and record in full in a properly indexed book
18-38 kept for that purpose all ordinances adopted by the
18-39 council.
18-40 (b) The city council may provide for the preparation of a
18-41 general codification of all ordinances of the city having
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LC 11 9022
19- 1 the force and effect of law. The general codification may
19- 2 be adopted by the city council by ordinance and shall be
19- 3 published promptly, together with all amendments thereto
19- 4 and such codes of technical regulations and other rules
19- 5 and regulations as the city council may specify. This
19- 6 compilation shall be known and cited officially as the
19- 7 'Code of the City of Dawsonville, Georgia.' Copies of the
19- 8 code shall be furnished to all officers, departments, and
19- 9 agencies of the city and made available for purchase by
19-10 the public at a reasonable price as fixed by the city
19-11 council.
19-12 (c) The city council shall cause each ordinance and each
19-13 amendment to this charter to be printed promptly following
19-14 its adoption, and the printed ordinances and charter
19-15 amendments shall be made available for purchase by the
19-16 public at reasonable prices to be fixed by the city
19-17 council. Following publication of the first code under
19-18 this charter and at all times thereafter, the ordinances
19-19 and charter amendments shall be printed in substantially
19-20 the same style as the code currently in effect and shall
19-21 be suitable in form for incorporation therein. The city
19-22 council shall make such further arrangements as deemed
19-23 desirable with respect to reproduction and distribution of
19-24 any current changes in or additions to codes of technical
19-25 regulations and other rules and regulations included in
19-26 the code.
ARTICLE III
19-27 ADMINISTRATIVE AFFAIRS
19-28 SECTION 3.10.
19-29 Administrative and service departments.
19-30 (a) Except as otherwise provided in this charter, the
19-31 council by ordinance may establish, abolish, merge, or
19-32 consolidate offices, positions of employment,
19-33 departments, and agencies of the city, as they shall deem
19-34 necessary for the proper administration of the affairs and
19-35 government of the city; shall prescribe the functions and
19-36 duties of existing departments, offices, and agencies or
19-37 of any departments, offices, and agencies hereinafter
19-38 created or established; may provide that the same person
19-39 shall fill any number of offices and positions of
19-40 employment; and may transfer or change the functions or
19-41 duties of offices, positions of employment, departments,
19-42 and agencies of the city.
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LC 11 9022
20- 1 (b) The operations and responsibilities of each department
20- 2 now or hereafter established in the city shall be
20- 3 distributed among such divisions or bureaus as may be
20- 4 provided by ordinance of the council. Each department
20- 5 shall consist of such officers, employees, and positions
20- 6 as may be provided by this charter or by ordinance and
20- 7 shall be subject to the general supervision and guidance
20- 8 of the council.
20- 9 (c) Except as otherwise provided by this charter, the
20-10 directors of departments and other appointed officers of
20-11 the city shall serve at the pleasure of the appointing
20-12 authority. Vacancies occurring in an appointive office
20-13 shall be filled in the same manner as prescribed by this
20-14 charter for an original appointment.
20-15 (d) Except as otherwise provided by law, the directors of
20-16 departments and other appointed officers of the city shall
20-17 be appointed solely on the basis of their respective
20-18 administrative and professional qualifications.
20-19 (e) All appointed officers and directors of departments
20-20 shall receive such compensation as prescribed by ordinance
20-21 of the city council.
20-22 SECTION 3.11.
20-23 Boards, commissions, and authorities.
20-24 (a) All members of boards, commissions, and authorities of
20-25 the city shall be appointed by the council for such terms
20-26 of office and such manner of appointment as provided by
20-27 ordinance, except where other appointing authority, term
20-28 of office, or manner of appointment is prescribed by this
20-29 charter or by applicable state law.
20-30 (b) Any vacancy in the office of any member of a board,
20-31 commission, or authority of the city shall be filled for
20-32 the unexpired term in the manner prescribed in this
20-33 charter for original appointment, except as otherwise
20-34 provided by this charter or any applicable state law.
20-35 (c) No member of any board, commission, or authority shall
20-36 assume office until that person shall execute and file
20-37 with the clerk of the city the oath prescribed in Section
20-38 3.16 of this charter.
20-39 (d) Any member of any board, commission, or authority may
20-40 be removed from office for cause by a two-thirds' vote of
20-41 the members of the council.
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LC 11 9022
21- 1 (e) Members of boards, commissions, and authorities may
21- 2 receive such compensation and expenses in the performance
21- 3 of their official duties as prescribed by ordinance.
21- 4 (f) The qualifications required of members of boards,
21- 5 commissions, and authorities shall be as prescribed by
21- 6 ordinance. The mayor and councilmembers shall be eligible
21- 7 to be appointed to and serve on such boards, commissions,
21- 8 and authorities when the council, in its discretion,
21- 9 determines it appropriate.
21-10 (g) Except as otherwise provided by this charter or by
21-11 applicable state law, each board, commission, or authority
21-12 of the city government shall elect one of its members as
21-13 chairperson and one member as vice-chairperson for terms
21-14 of one year and may elect as its secretary one of its own
21-15 members or may appoint as secretary an employee of the
21-16 city. Each board, commission, or authority of the city
21-17 government may establish such bylaws, rules, and
21-18 regulations not inconsistent with this charter, ordinances
21-19 of the city, or applicable state law as it deems
21-20 appropriate and necessary for the conduct of its affairs,
21-21 copies of which shall be filed with the city clerk.
21-22 SECTION 3.12.
21-23 Personal administration.
21-24 The council may, in its discretion, adopt ordinances,
21-25 rules, and regulations consistent with this charter
21-26 dealing with:
21-27 (1) The method of employment selection and probationary
21-28 periods of employment;
21-29 (2) Adoption and administration of a position
21-30 classification and pay plan including methods of
21-31 promotion and application of service ratings thereto and
21-32 transfer of employees within the classification plan;
21-33 (3) Hours of work, vacation, sick leave, other leaves of
21-34 absence, overtime pay, and the order and manner in which
21-35 layoff shall be effected; and
21-36 (4) Such other personnel policies and procedures as may
21-37 be necessary to provide for adequate and systematic
21-38 handling of the personnel affairs of the city.
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LC 11 9022
22- 1 SECTION 3.13.
City clerk.
22- 2 The council may appoint a city clerk, who shall also serve
22- 3 as the city treasurer, with such compensation as shall be
22- 4 determined by the council. The city clerk shall keep the
22- 5 minutes of the proceedings of the city council, maintain
22- 6 in a safe place all records and documents pertaining to
22- 7 the affairs of the city and perform such other duties as
22- 8 may be required by law or as the council may direct.
22- 9 SECTION 3.14.
22-10 City manager; appointment; qualifications;
22-11 compensation.
22-12 The city council may appoint a city manager for an
22-13 indefinite term and fix his or her compensation. The
22-14 manager shall be appointed solely on the basis of his or
22-15 her executive and administrative qualifications. The city
22-16 manager shall serve at the pleasure of the council. The
22-17 city manager shall be the chief administrative officer of
22-18 the government of the City of Dawsonville and shall have
22-19 such powers and duties as are vested in him or her by
22-20 ordinance or as otherwise provided by the council.
22-21 SECTION 3.15.
22-22 City attorney.
22-23 The council may appoint a city attorney and provide for
22-24 the payment of such attorney for services rendered to the
22-25 city. The city attorney shall be responsible for
22-26 representing and defending the city in all litigation in
22-27 which the city is a party; shall attend the meetings of
22-28 the council as directed; shall advise the council, mayor
22-29 and other officers and employees of the city concerning
22-30 legal aspects of the city's affairs; and shall perform
22-31 such other duties as may be requested by the council.
22-32 SECTION 3.16.
22-33 Oath of officers.
22-34 Before a person takes any office in the city government,
22-35 he or she shall take before an officer of the state,
22-36 authorized to administer oaths the following such oath or
22-37 affirmation:
22-38 'I solemnly swear (or affirm) that I will support the
22-39 Constitution of the United States and of the State of
22-40 Georgia; that I will in all respects observe the
22-41 provisions of the charter and ordinances of the City of
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LC 11 9022
23- 1 Dawsonville; and I will faithfully discharge the duties
23- 2 of _________________. So help me God.'
23- 3 Said oath with the officer's jurat attached shall be
23- 4 written or printed and, when executed, filed with the city
23- 5 clerk.
23- 6 SECTION 3.17.
23- 7 Candidacy of employees and elected officials.
23- 8 No employee of the city shall continue in the employment
23- 9 of the city after being a candidate for nomination or
23-10 election to any city, county, or state office.
ARTICLE IV
23-11 JUDICIAL BRANCH
SECTION 4.1.
23-12 Creation of municipal court; name.
23-13 There shall be a court to be known as the 'Municipal Court
23-14 of the City of Dawsonville.'
SECTION 4.2.
23-15 Mayor or mayor pro tempore; court personnel.
23-16 (a) The mayor or mayor pro tempore shall be authorized to
23-17 hold municipal court in said city for the trial and
23-18 punishment of violators of the ordinances of said city.
23-19 The mayor pro tempore shall be authorized to act in the
23-20 absence of or in the event of the disqualification of the
23-21 mayor.
23-22 (b) The city clerk shall perform the duties of clerk of
23-23 the municipal court, and, when required, the city attorney
23-24 shall serve as prosecutor in said court. The city council
23-25 shall provide by ordinance for such other personnel as may
23-26 be required to efficiently administer the business of the
23-27 court.
SECTION 4.3.
Convening.
23-28 (a) The municipal court shall convene at regular intervals
23-29 as provided by ordinance.
23-30 (b) The municipal court shall try and punish for
23-31 violations of all city ordinances.
23-32 (c) The municipal court shall have authority to punish
23-33 those in its presence for contempt, provided that such
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LC 11 9022
24- 1 punishment shall not exceed $25.00 or ten days in jail, or
24- 2 both, in the discretion of the court.
24- 3 (d) The municipal court may fix punishment for offenses
24- 4 within its jurisdiction in accordance with Georgia laws,
24- 5 as currently existing or amended.
24- 6 (e) The municipal court shall have authority to establish
24- 7 a schedule of fees to defray the cost of operation and
24- 8 shall be entitled to reimbursement of the cost of meals,
24- 9 transportation, and caretaking of prisoners bound over to
24-10 superior courts for violations of state law.
24-11 (f) The municipal court shall have authority to establish
24-12 bail and recognizances to ensure the presence of those
24-13 charged with violations before said court and shall have
24-14 discretionary authority to accept cash or personal or real
24-15 property as surety for the appearance of persons charged
24-16 with violations. Whenever any person shall give bail for
24-17 his or her appearance and shall fail to appear at the time
24-18 fixed for trial, his or her bond shall be forfeited by the
24-19 mayor or mayor pro tempore presiding at such time and an
24-20 execution issued thereon by serving the defendant and his
24-21 or her sureties with a rule nisi at least two days before
24-22 a hearing on the rule nisi. In the event that cash or
24-23 property is accepted in lieu of bond for security for the
24-24 appearance of a defendant at trial and if such defendant
24-25 fails to appear at the time and place fixed for trial, the
24-26 cash so deposited shall be on order of the mayor declared
24-27 forfeited to the city, or the property so deposited shall
24-28 have a lien against it for the value forfeited which lien
24-29 shall be enforceable in the same name and to the same
24-30 extent as a lien for city property taxes.
24-31 (g) The municipal court shall have the authority to bind
24-32 prisoners over to the appropriate court when it appears by
24-33 probable cause that a state law has been violated.
24-34 (h) The municipal court shall have the same authority as
24-35 superior courts to compel the production of evidence in
24-36 the possession of any party; to enforce obedience to its
24-37 orders, judgments and sentences; and to administer such
24-38 oaths as are necessary.
24-39 (i) The municipal court may compel the presence of all
24-40 persons necessary for proper disposal of each case by the
24-41 issuance of summons, subpoena, and warrants which may be
24-42 served as executed by any officer as authorized by this
24-43 charter or by general state law.
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LC 11 9022
25- 1 (j) The municipal court is specifically vested with all of
25- 2 the jurisdiction and powers throughout the entire area of
25- 3 the city granted by general state laws to municipal
25- 4 courts, and particularly by such laws as authorize the
25- 5 abatement of nuisances and prosecution of traffic
25- 6 violations.
SECTION 4.4.
25- 7 Appeal; certiorari.
25- 8 Any person convicted in municipal court shall have the
25- 9 right to apply for a writ of certiorari to the Superior
25-10 Court of Dawson County in accordance with the provisions
25-11 of Title 5 of the O.C.G.A., relating to certiorari, as now
25-12 or hereafter amended.
SECTION 4.5.
25-13 Rules for court.
25-14 With the approval of the city council, the mayor shall
25-15 have full power and authority to make reasonable rules and
25-16 regulations necessary and proper to secure the efficient
25-17 and successful administration of the municipal court;
25-18 provided, however, that the city council may adopt in part
25-19 or in toto the rules and regulations for procedure in the
25-20 superior court under the general laws of the State of
25-21 Georgia. The rules and regulations made or adopted shall
25-22 be filed with the city clerk, shall be available for
25-23 public inspection, and, upon request, a copy shall be
25-24 furnished to all defendants in municipal court proceedings
25-25 at least 48 hours prior to said proceedings.
SECTION 4.6.
25-26 Appointment of counsel for indigent.
25-27 The city council shall provide by ordinance for
25-28 appointment of counsel for indigents or others, as now or
25-29 hereafter required by law, and said ordinance shall
25-30 provide for compensation to be paid to council so
25-31 appointed. The mayor shall appoint counsel in such cases
25-32 from among the attorneys at law residing in the county and
25-33 those counties adjoining the county or from among those
25-34 attorneys at law who have previously consented to serve as
25-35 appointed counsel in such court.
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SECTION 4.7.
26- 1 Appointment of judge of the municipal court by
26- 2 mayor and council.
26- 3 The mayor and council may appoint an individual to serve
26- 4 as judge of the municipal court and delegate to him or her
26- 5 all duties and authority of that office as provided in
26- 6 this article. In the event of the appointment of a judge
26- 7 of the municipal court as provided in this section, the
26- 8 compensation of such judge shall be as determined by the
26- 9 mayor and council.
SECTION 4.8.
26-10 Contracting of law enforcement service; suspension
26-11 of municipal court.
26-12 In the event the council enters into a contract with any
26-13 other political subdivision whereby such political
26-14 subdivision shall provide law enforcement services on
26-15 behalf of the City of Dawsonville, then the municipal
26-16 court need not be appointed or utilized, and the operation
26-17 of the municipal court may be suspended during the term of
26-18 such contract in such manner and pursuant to such
26-19 conditions as the council shall determine.
ARTICLE V
ELECTIONS
26-20 SECTION 5.10.
26-21 Applicability of general law.
26-22 All elections shall be held and conducted in accordance
26-23 with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia
26-24 Municipal Election Code.'
26-25 SECTION 5.11.
26-26 Regular elections.
26-27 (a) The general municipal election for the city shall be
26-28 conducted on the Tuesday next following the first Monday
26-29 in November, 1997, and on such day biennially thereafter.
26-30 (b) The two councilmembers who were elected to such
26-31 offices at the general municipal election in 1993, and any
26-32 person selected to fill a vacancy in such office, shall
26-33 continue to serve out their terms of office which expire
26-34 December 31, 1997, and upon the election and qualification
26-35 of their respective successors.
26-36 (c) The mayor and two councilmembers who were elected to
26-37 such offices at the general municipal election in 1995,
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LC 11 9022
27- 1 and any person selected to fill a vacancy in such office,
27- 2 shall continue to serve out their terms of office which
27- 3 expire December 31, 1999, and upon the election and
27- 4 qualification of their respective successors.
27- 5 (d) Successors to the mayor and each councilmember whose
27- 6 term of office expires as provided in subsection (c) or
27- 7 (d) of this section, and all future successors to the
27- 8 mayor and councilmembers whose terms of office are to
27- 9 expire, shall be elected at the general municipal election
27-10 immediately preceding the expiration of such terms and
27-11 shall take office on the first day of January immediately
27-12 following that election for terms of office of four years
27-13 each and until their respective successors are elected and
27-14 qualified. Persons so elected shall take the oath of
27-15 office on the first Tuesday in December immediately
27-16 following their election as provided in Section 2.19 of
27-17 this charter.
27-18 (e) The mayor and each councilmember shall be elected by
27-19 the electors voting in the entire city at large and not
27-20 from wards or any other district comprising less than the
27-21 entire area of the city. Each elector shall be entitled
27-22 to vote for one candidate for each municipal office which
27-23 is to be filled at any election. At the general municipal
27-24 election conducted in 1997 and every four years
27-25 thereafter, the two candidates who receive the highest
27-26 number of votes cast for the two offices of councilmembers
27-27 which are to be filled at such election shall be the
27-28 persons elected to those offices. At the general
27-29 municipal election conducted in 1999 and every four years
27-30 thereafter, the candidate who receives the highest number
27-31 of votes cast for mayor shall be the person elected to
27-32 that office and the two candidates who receive the highest
27-33 number of votes cast for the two offices of councilmembers
27-34 which are to be filled at such election shall be the
27-35 persons elected to those offices.
27-36 (f) Political parties shall not conduct primaries for city
27-37 offices and all names of candidates for city offices shall
27-38 be listed without party labels.
27-39 SECTION 5.12.
27-40 Applicability of general laws.
27-41 The procedures and requirements for election of all
27-42 elected officials of the City of Dawsonville as to special
27-43 and general elections shall be in conformity with the
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28- 1 provisions of Chapter 3 of Title 21 of the O.C.G.A., the
28- 2 'Georgia Municipal Election Code.'
28- 3 SECTION 5.13.
28- 4 Special elections; vacancies.
28- 5 In the event of a vacancy in office of the mayor or
28- 6 councilmember, the council shall appoint a qualified
28- 7 person to fill such vacancy for the remainder of the
28- 8 unexpired term. If a tie vote by the council to fill a
28- 9 vacancy is unbroken for 15 days, the mayor, or mayor pro
28-10 tempore in case of a vacancy in the office of mayor, shall
28-11 appoint a qualified person to fill the vacancy. At no
28-12 time shall there be more than two members, including the
28-13 mayor, so appointed holding office; and if a vacancy
28-14 occurs with two members so appointed on the council, a
28-15 special election shall be held in accordance with the
28-16 applicable provisions of this charter and Chapter 3 of
28-17 Title 21, the 'Georgia Municipal Election Code.'
28-18 SECTION 5.14.
28-19 Rules and regulations for elections.
28-20 Except as otherwise provided by this charter, the city
28-21 council shall by ordinance prescribe such rules and
28-22 regulations it deems appropriate to fulfill any options
28-23 and duties under Chapter 3 of Title 21 of the O.C.G.A.,
28-24 the 'Georgia Municipal Election Code.'
28-25 SECTION 5.15.
28-26 Removal of officers.
28-27 The mayor or any councilmember shall be subject to removal
28-28 from office for any one or more of the following causes:
28-29 (1) Incompetence, misfeasance, or malfeasance in office;
28-30 (2) Conviction of a crime involving moral turpitude;
28-31 (3) Failure at any time to possess any of the
28-32 qualifications of office as provided by this charter or
28-33 by law;
28-34 (4) Willful violation of any express prohibition of this
28-35 charter;
28-36 (5) Abandonment of office or neglect to perform the
28-37 duties thereof; or
28-38 (6) Failure for any other cause to perform the duties of
28-39 office as required by this charter or by law.
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29- 1 SECTION 5.16.
29- 2 Procedure for removal.
29- 3 Removal of an elected officer from office may be
29- 4 accomplished by one of the following methods:
29- 5 (1) By action of two-thirds' vote of the entire
29- 6 membership of the council. In the event an elected
29- 7 officer is sought to be removed by the action of the
29- 8 council, such officer shall be entitled to a written
29- 9 notice specifying the ground for removal and to a public
29-10 hearing which shall be held not less than ten days from
29-11 the service of such written notice. Any elected officer
29-12 sought to be removed from office as provided in this
29-13 chapter shall have the right to appeal the decision of
29-14 the council to the Superior Court of Dawson County.
29-15 Such appeal shall be governed by the same rules as
29-16 govern appeals to the superior court from the probate
29-17 court; or
29-18 (2) By an order of the Superior Court of Dawson County
29-19 following a hearing on a complaint seeking such removal
29-20 brought by a resident of the City of Dawsonville.
ARTICLE VI
29-21 FINANCIAL AND FISCAL MATTERS
29-22 SECTION 6.10.
29-23 Property taxes.
29-24 The city council may assess, levy and collect an ad
29-25 valorem tax on all real and personal property within the
29-26 corporate limits of the city that is subject to such
29-27 taxation by the state and county. This tax is for the
29-28 purpose of raising revenues to defray the costs of
29-29 operating the city government, providing governmental
29-30 services, the repayment of principal and interest on
29-31 general obligations; and any other public purpose as
29-32 determined by the council in its discretion.
29-33 SECTION 6.11.
29-34 Millage rates; due dates; payment methods.
29-35 The city council by ordinance shall establish a millage
29-36 rate for the city property tax, a due date, and in what
29-37 length of time those taxes must be paid. The city council
29-38 by ordinance may provide for the payment of these taxes by
29-39 installments or in one lump sum and may authorize the
29-40 voluntary payment of taxes prior to the time when due.
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30- 1 SECTION 6.12.
30- 2 Occupation and business taxes.
30- 3 The city council by ordinance shall have the power to
30- 4 levy such occupation or business taxes as are not denied
30- 5 by general state law. Such taxes may be levied on both
30- 6 individuals and corporations who transact business in this
30- 7 city or who practice or offer to practice any profession
30- 8 or calling in this city to the extent such persons have a
30- 9 constitutionally sufficient nexus to this city to be so
30-10 taxed. The city council may classify businesses,
30-11 occupations, professions, or callings for the purpose of
30-12 such taxation in any way which may be lawful and compel
30-13 the payment of such taxes as provided in Section 6.18 of
30-14 this charter.
30-15 SECTION 6.13.
30-16 Licenses, permits, fees.
30-17 The city council, by ordinance, shall have the power to
30-18 require any individuals or corporations who transact
30-19 business in this city or who practice or offer to practice
30-20 any profession or calling in this city to obtain a license
30-21 or permit for such activity from the city and pay a
30-22 reasonable fee for such license or permit where such
30-23 activities are not now regulated by general state law in
30-24 such a way as to preclude city regulation. Such fees, if
30-25 unpaid, shall be collected as provided in Section 6.18 of
30-26 this charter. The city council by ordinance may establish
30-27 reasonable requirements for obtaining or keeping such
30-28 licenses as the public health, safety, and welfare
30-29 necessitate.
30-30 SECTION 6.14.
Franchises.
30-31 The city council shall have the power to grant franchises
30-32 for the use of this city's streets and alleys, for the
30-33 purposes of railroads, street railways, telephone
30-34 companies, electric companies, cable television, gas
30-35 companies, transportation companies, and other similar
30-36 organizations. The city council shall determine the
30-37 duration, provisions, terms, whether the same shall be
30-38 exclusive or nonexclusive, and the consideration for such
30-39 franchises.
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31- 1 SECTION 6.15.
31- 2 Service charges.
31- 3 The city council by ordinance shall have the power to
31- 4 assess and collect fees, charges, and tolls for sewer
31- 5 services rendered both inside and outside the corporate
31- 6 limits of the city. If unpaid, said sewer service charge
31- 7 shall be collected as provided in Section 6.18 of this
31- 8 charter.
31- 9 SECTION 6.16.
31-10 Special assessments.
31-11 The city council by ordinance shall have power to assess
31-12 all or part of the cost of constructing, reconstructing,
31-13 widening, or improving any public way, street, sidewalk,
31-14 curbing, gutters, sewers, or other utility mains and
31-15 appurtenances from the abutting property owners under such
31-16 terms and conditions as are reasonable. If unpaid, such
31-17 charges shall be collected as provided in Section 6.18 of
31-18 this charter.
31-19 SECTION 6.17.
31-20 Construction; other taxes.
31-21 The city council shall be empowered to levy any other tax
31-22 allowed now or hereafter by state law and the specific
31-23 mention of any right, power, or authority in this article
31-24 shall not be construed as limiting in any way the general
31-25 powers of the city to govern its local affairs.
31-26 SECTION 6.18.
31-27 Collection of delinquent taxes and fees.
31-28 The city council by ordinance may provide generally for
31-29 the collection of delinquent taxes, fees, or other revenue
31-30 due the city by whatever reasonable means as are not
31-31 precluded by general state law. This shall include
31-32 providing for the dates when the taxes or fees are due,
31-33 late penalties or interest, issuance and execution of
31-34 fi.fa.'s, creation and priority of liens, making
31-35 delinquent taxes and fees personal debts of the persons
31-36 required to pay the taxes or fees imposed, revoking city
31-37 licenses for failure to pay any city taxes or fees,
31-38 allowing exceptions for hardship, and providing for the
31-39 assignment or transfer of tax executions.
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32- 1 SECTION 6.19.
32- 2 General obligation bonds.
32- 3 The city council shall have the power to issue bonds for
32- 4 the purpose of raising revenue to carry out any project,
32- 5 program, or venture authorized under this charter or the
32- 6 general laws of the state. Such bonding authority shall
32- 7 be exercised in accordance with the laws governing bond
32- 8 issuances by municipalities in effect at the time said
32- 9 issue is undertaken.
32-10 SECTION 6.20.
32-11 Revenue bonds.
32-12 Revenue bonds may be issued by the city council as state
32-13 law now or hereafter provides. Such bonds are to be paid
32-14 out of any revenue produced by the project, program, or
32-15 venture for which they were issued.
32-16 SECTION 6.21.
32-17 Short-term loans.
32-18 Any short-term loan obtained by the city must be repaid
32-19 by December 31 of the year in which the loan was obtained
32-20 unless otherwise provided by present or future state law.
32-21 SECTION 6.22.
Fiscal year.
32-22 The fiscal year of the city government shall begin on the
32-23 first day of January and shall end on the last day of
32-24 December of each year, but a different fiscal year may be
32-25 fixed by ordinance.
32-26 SECTION 6.23.
32-27 Action by city council on budget.
32-28 (a) The city council shall adopt and may thereafter amend
32-29 an annual budget, except that the budget as finally
32-30 adopted and amended must provide for all expenditures
32-31 required by state law or by other provisions of this
32-32 charter and for all debt service requirements for the
32-33 ensuing fiscal year. The total appropriations from any
32-34 fund shall not exceed the estimated fund balance,
32-35 reserves, and revenues.
32-36 (b) The city council, by resolution, shall adopt the final
32-37 budget for the ensuing fiscal year not later than the
32-38 first day of the fiscal year.
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33- 1 (c) The amount set out in the adopted budget of each
33- 2 organizational unit shall constitute the annual
33- 3 appropriation for such; and no expenditure shall be made
33- 4 or encumbrance created in excess of the otherwise
33- 5 unencumbered balance of the appropriations or allotment
33- 6 thereof to which it is chargeable unless by a majority
33- 7 vote of the city council.
33- 8 SECTION 6.24.
Tax levies.
33- 9 As the next order of business following adoption of the
33-10 budget, the city council by ordinance shall levy such
33-11 taxes as are necessary. The taxes and tax rates set by
33-12 such ordinance shall be such that reasonable estimates of
33-13 revenues from such levy shall at least be sufficient,
33-14 together with other anticipated revenues, fund balances,
33-15 and applicable reserves, to equal the total amount
33-16 appropriated for each of the several funds set forth in
33-17 the operating budget and for defraying the expenses of the
33-18 general government of this city.
33-19 SECTION 6.25.
33-20 Changes in appropriations.
33-21 The city council by majority vote may make changes in the
33-22 appropriations contained in the current operating budget
33-23 at any regular meeting or special or emergency meeting
33-24 called for such purpose.
33-25 SECTION 6.26.
33-26 Independent audit.
33-27 There shall be an annual independent audit of all city
33-28 accounts, funds, and financial transactions by a certified
33-29 public accountant elected by the city council. The audit
33-30 shall be conducted according to generally accepted
33-31 auditing standards. Any audit of any funds by the state
33-32 and federal governments may be accepted as satisfying the
33-33 requirements of this section.
33-34 SECTION 6.27.
33-35 Sale of city property.
33-36 (a) The city council may sell and convey any real or
33-37 personal property owned or held by the city for
33-38 governmental or other purposes as provided by general
33-39 state law.
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34- 1 (b) The city council may quitclaim any rights it may have
34- 2 in property not needed for public purposes upon the
34- 3 adoption of a resolution, finding that the property is not
34- 4 needed for public or other purposes and that the interest
34- 5 of the city in the property is of no readily ascertainable
34- 6 monetary value.
ARTICLE VII
34- 7 GENERAL PROVISIONS
SECTION 7.1.
34- 8 Eminent domain.
34- 9 The city council is empowered to acquire, construct,
34-10 operate, and maintain public ways, parks and playgrounds,
34-11 public grounds, cemeteries, markets, market houses, public
34-12 buildings, libraries, sewers, drains, sewage treatment,
34-13 waterworks, electrical systems, gas systems, airports,
34-14 hospitals, and charitable, cultural, educational,
34-15 recreational, conservation, sport, curative, corrective,
34-16 detentional, penal, and medical institutions, agencies,
34-17 and facilities; to provide any other public improvements,
34-18 inside or outside corporate limits of the city; to
34-19 regulate the use thereof; and for such purposes property
34-20 may be acquired under Title 36 of the O.C.G.A., relating
34-21 to eminent domain, as now or hereafter amended, or under
34-22 any other applicable laws presently in effect or enacted
34-23 in the future.
SECTION 7.2.
34-24 Official bonds.
34-25 The officers and employees of the city, both elected and
34-26 appointed, shall execute such official bonds in such
34-27 amounts and upon such terms and conditions as the city
34-28 council may from time to time require or as may be
34-29 required by state law.
SECTION 7.3.
34-30 Prior ordinances.
34-31 All ordinances, bylaws, rules and regulations now in force
34-32 in the city not inconsistent with this charter, are hereby
34-33 declared valid and of full effect and force until amended
34-34 or repealed by the city council.
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SECTION 7.4.
35- 1 Severability.
35- 2 If any article, section, subsection, paragraph, sentence,
35- 3 or part thereof of this charter shall be held to be
35- 4 invalid or unconstitutional, such invalidity or
35- 5 unconstitutionality shall not affect or impair other parts
35- 6 of this charter, unless it clearly appears that such other
35- 7 parts are wholly and necessarily dependent upon the part
35- 8 or parts held to be invalid or unconstitutional, it being
35- 9 the legislative intent in enacting this charter that each
35-10 article, section, subsection, paragraph, sentence, or part
35-11 thereof be enacted separately and independent of each
35-12 other."
SECTION 2.
35-13 This Act shall become effective upon its approval by the
35-14 Governor or upon its becoming law without such approval.
SECTION 3.
35-15 All laws and parts of laws in conflict with this Act are
35-16 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