HB 624 - Cobbtown, City of; recreate and reincorporate
Georgia House of Representatives - 1995/1996 Sessions
HB 624 - Cobbtown, City of; recreate and reincorporate
1. Barnard 154th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 91 Nays 3 Senate Vote: Yeas 47 Nays 0
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House Action Senate
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2/6/95 Read 1st Time 2/9/95
2/7/95 Read 2nd Time
2/8/95 Favorably Reported 2/15/95
2/8/95 Read 3rd Time
2/8/95 Passed/Adopted 2/15/95
3/31/95 Sent to Governor
4/5/95 Signed by Governor
221 Act/Veto Number
4/5/95 Effective Date
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Code Sections amended:
HB 624 LC 22 1477
A BILL TO BE ENTITLED
AN ACT
1- 1 To re-create and reincorporate the City of Cobbtown; to
1- 2 provide for corporate boundaries; to enumerate corporate
1- 3 powers; to provide for the exercise of powers; to create a
1- 4 city council; to provide terms and qualifications for
1- 5 office; to provide for the filling of vacancies; to
1- 6 enumerate certain prohibitions; to authorize inquiries and
1- 7 investigations; to provide for administrative and service
1- 8 departments; to establish a municipal court; to provide for
1- 9 finance and fiscal administration; to provide for municipal
1-10 services and regulatory functions; to provide for all other
1-11 matters relative to the foregoing; to repeal an Act to
1-12 incorporate the City of Cobbtown, in the County of Tattnall,
1-13 State of Georgia, approved August 19, 1919 (Ga. L. 1919, p.
1-14 897), as amended; to provide an effective date; to repeal
1-15 conflicting laws; and for other purposes.
1-16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
1-17 CREATION, INCORPORATION, AND POWERS
1-18 SECTION 1.10.
Name.
1-19 The City of Cobbtown is reincorporated by the enactment of
1-20 this charter and constituted and declared a body politic and
1-21 corporate under the name and style of the City of Cobbtown,
1-22 Georgia, and by that name shall have perpetual existence.
1-23 SECTION 1.11.
1-24 Corporate boundaries.
1-25 (a) The boundaries of this city shall be those existing on
1-26 the effective date of the adoption of this charter with such
1-27 alterations as may be made from time to time in the manner
1-28 provided by law. The boundaries of this city at all times
1-29 shall be shown on a map, a written description, or any
1-30 combination thereof, to be retained permanently in the
1-31 office of the city clerk and to be designated, as the case
1-32 may be: "Official map or description of the corporate
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LC 22 1477
2- 1 limits of the City of Cobbtown, Georgia." Photographic,
2- 2 typed, or other copies of such map or description certified
2- 3 by the city clerk shall be admitted as evidence in all
2- 4 courts and shall have the same force and effect as the
2- 5 original map or description.
2- 6 (b) The city council may provide for the redrawing of any
2- 7 such map by ordinance to reflect lawful changes in the
2- 8 corporate boundaries. A redrawn map shall supersede for all
2- 9 purposes the entire map or maps which it is designated to
2-10 replace.
2-11 SECTION 1.12.
2-12 Powers and construction.
2-13 (a) This city shall have all powers possible for a city to
2-14 have under the present or future Constitution and laws of
2-15 this state as fully and completely as though they were
2-16 specifically enumerated in this charter. This city shall
2-17 have all the powers of self-government not otherwise
2-18 prohibited by this charter or by general law.
2-19 (b) The powers of this city shall be construed liberally in
2-20 favor of the city. The specific mention or failure to
2-21 mention particular powers shall not be construed as limiting
2-22 in any way the powers of this city.
2-23 SECTION 1.13.
2-24 Examples of powers.
2-25 The city is authorized:
2-26 (1) Animal regulations. To regulate and license or to
2-27 prohibit the keeping or running at large of animals and
2-28 fowl and to provide for the impoundment of same if in
2-29 violation of any ordinance or lawful order; to provide
2-30 for the disposition by sale, gift, or humane destruction
2-31 of animals and fowl when not redeemed as provided by
2-32 ordinance; and to provide punishment for violation of
2-33 ordinances enacted under this paragraph;
2-34 (2) Appropriations and expenditures. To make
2-35 appropriations for the support of the government of the
2-36 city; to authorize the expenditure of money for any
2-37 purposes authorized by this charter and for any purpose
2-38 for which a municipality is authorized by the laws of
2-39 the State of Georgia; and to provide for the payment of
2-40 expenses of the city;
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LC 22 1477
3- 1 (3) Building regulations. To regulate and to license
3- 2 the erection and construction of buildings and all other
3- 3 structures; to adopt building, housing, plumbing,
3- 4 electrical, gas, heating, and air-conditioning codes;
3- 5 and to regulate all housing and building trades except
3- 6 as otherwise prohibited by general law;
3- 7 (4) Business regulation and taxation. To levy and to
3- 8 provide for the collection of regulatory fees and taxes
3- 9 on privileges, occupations, trades, and professions as
3-10 authorized by Title 48 of the Official Code of Georgia
3-11 Annotated, or other such applicable laws as are or may
3-12 hereafter be enacted; to permit and regulate the same;
3-13 to provide for the manner and method of payment of such
3-14 regulatory fees and taxes; and to revoke such permits
3-15 after due process for failure to pay any city taxes or
3-16 fees;
3-17 (5) Condemnation. To condemn property, inside or
3-18 outside the corporate limits of the city, for present or
3-19 future use and for any corporate purpose deemed
3-20 necessary by the governing authority, utilizing
3-21 procedures enumerated in Title 22 of the Official Code
3-22 of Georgia Annotated, or such other applicable laws as
3-23 are or may hereafter be enacted;
3-24 (6) Contracts. To enter into contracts and agreements
3-25 with other governmental entities and with private
3-26 persons, firms, and corporations;
3-27 (7) Emergencies. To establish procedures for
3-28 determining and proclaiming that an emergency situation
3-29 exists inside or outside the city; and to make and carry
3-30 out all reasonable provisions deemed necessary to deal
3-31 with or meet such an emergency for the protection,
3-32 safety, health, or well-being of the citizens of the
3-33 city;
3-34 (8) Environmental protection. To protect and preserve
3-35 the natural resources, environment, and vital areas of
3-36 the city through the preservation and improvement of air
3-37 quality; the restoration and maintenance of water
3-38 resources; the control of erosion and sedimentation; the
3-39 management of solid and hazardous waste; and other
3-40 necessary actions for the protection of the environment
3-41 except as otherwise prohibited or preempted by general
3-42 law;
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LC 22 1477
4- 1 (9) Fire regulations. To fix and establish fire limits
4- 2 and from time to time to extend, enlarge, or restrict
4- 3 the same; to prescribe fire safety regulations not
4- 4 inconsistent with general law, relating to both fire
4- 5 prevention and detection and to fire fighting; and to
4- 6 prescribe penalties and punishment for violations
4- 7 thereof;
4- 8 (10) Garbage fees. To levy, fix, assess, and collect
4- 9 garbage, refuse, and trash collection and disposal and
4-10 other sanitary service charge, tax, or fee for such
4-11 services as may be necessary in the operation of the
4-12 city from all individuals, firms, and corporations
4-13 residing in or doing business inside the city benefiting
4-14 from such services; to enforce the payment of such
4-15 charges, taxes, or fees; and to provide for the manner
4-16 and method of collecting such service charges;
4-17 (11) General health, safety, and welfare. To define,
4-18 regulate, and prohibit any act, practice, conduct, or
4-19 use of property which is detrimental to health,
4-20 sanitation, cleanliness, welfare, and safety of the
4-21 inhabitants of the city and to provide for the
4-22 enforcement of such standards;
4-23 (12) Gifts. To accept or refuse gifts, donations,
4-24 bequests, or grants from any source for any purpose
4-25 related to the powers and duties of the city and the
4-26 general welfare of its citizens, on such terms and
4-27 conditions as the donor or grantor may impose;
4-28 (13) Health and sanitation. To prescribe standards of
4-29 health and sanitation inside the city and to provide for
4-30 the enforcement of such standards;
4-31 (14) Jail sentences. To provide that persons given jail
4-32 sentences in the municipal court of the city may work
4-33 out such sentences in any public works or on the
4-34 streets, roads, drains, and other public property in the
4-35 city; and to provide for commitment of such persons to
4-36 any jail or to provide for commitment of such persons to
4-37 any county work camp or county jail by agreement with
4-38 the appropriate county officials;
4-39 (15) Motor vehicles. To regulate the operation of motor
4-40 vehicles and exercise control over all traffic,
4-41 including parking, upon or across the streets, roads,
4-42 alleys, and walkways of the city;
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LC 22 1477
5- 1 (16) Municipal agencies and delegation of power. To
5- 2 create, alter, or abolish departments, boards, offices,
5- 3 commissions, and agencies of the city; and to confer
5- 4 upon such agencies the necessary and appropriate
5- 5 authority for carrying out all the powers conferred upon
5- 6 or delegated to the same;
5- 7 (17) Municipal debts. To appropriate and borrow money
5- 8 for the payment of debts of the city; and to issue bonds
5- 9 for the purpose of raising revenue to carry out any
5-10 project, program, or venture authorized by this charter
5-11 or the laws of the State of Georgia;
5-12 (18) Municipal property ownership. To acquire, dispose
5-13 of, lease, and hold, in trust or otherwise, any real,
5-14 personal, or mixed property, in fee simple or lesser
5-15 interest, inside or outside the property limits of the
5-16 city;
5-17 (19) Municipal property protection. To provide for the
5-18 preservation and protection of property and equipment of
5-19 the city and the administration and use of same by the
5-20 public; and to prescribe penalties and punishment for
5-21 violations thereof;
5-22 (20) Municipal utilities. To acquire, lease, construct,
5-23 operate, maintain, sell, and dispose of public
5-24 utilities; including but not limited to a system of
5-25 waterworks, sewers and drains, sewage disposal, gas
5-26 works, electric plants, cable television,
5-27 telecommunications, transportation facilities, public
5-28 airports, and any other public utility; to fix the
5-29 taxes, charges, rates, fares, fees, assessments,
5-30 regulations, and penalties; and to provide for the
5-31 withdrawal of service for refusal or failure to pay the
5-32 same;
5-33 (21) Nuisance. To define a nuisance; and to provide for
5-34 its abatement whether on public or private property;
5-35 (22) Penalties. To provide penalties for violation of
5-36 any ordinances adopted pursuant to the authority of this
5-37 charter and the laws of the State of Georgia;
5-38 (23) Planning and zoning. To provide comprehensive city
5-39 planning for development by zoning; and to provide
5-40 subdivision regulation and the like as the city council
5-41 deems necessary and reasonable to ensure a safe,
5-42 healthy, and aesthetically pleasing community;
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LC 22 1477
6- 1 (24) Police and fire protection. To exercise the power
6- 2 of arrest through duly appointed police officers; and to
6- 3 establish, operate, or contract for a police and a
6- 4 fire-fighting agency;
6- 5 (25) Public hazards; removal. To provide for the
6- 6 destruction and removal of any building or other
6- 7 structure which is or may become dangerous or
6- 8 detrimental to the public;
6- 9 (26) Public improvements. To provide for the
6-10 acquisition, construction, building, operation, and
6-11 maintenance of: public ways, parks and playgrounds,
6-12 recreational facilities, cemeteries, markets and market
6-13 houses, public buildings, libraries, public housing,
6-14 airports, hospitals, terminals, docks, parking
6-15 facilities, or charitable, cultural, educational,
6-16 recreational, conservation, sport, curative, corrective,
6-17 detentional, penal, and medical institutions, agencies,
6-18 and facilities; to provide any other public
6-19 improvements, inside or outside the corporate limits of
6-20 the city; and to regulate the use of public
6-21 improvements; and for such purposes, property may be
6-22 acquired by condemnation under Title 22 of the Official
6-23 Code of Georgia Annotated, or such other applicable laws
6-24 as are or may hereafter be enacted;
6-25 (27) Public peace. To provide for the prevention and
6-26 punishment of drunkenness, riots, and public
6-27 disturbances;
6-28 (28) Public transportation. To organize and operate
6-29 such public transportation systems as are deemed
6-30 beneficial;
6-31 (29) Public utilities and services. To grant franchises
6-32 or make contracts for or impose taxes on public
6-33 utilities and public service companies; and to prescribe
6-34 the rates, fares, regulations and standards, and
6-35 conditions of service applicable to the service to be
6-36 provided by the franchise grantee or contractor, insofar
6-37 as not in conflict with general law or with valid
6-38 regulations of the Public Service Commission;
6-39 (30) Regulation of roadside areas. To prohibit or
6-40 regulate and control the erection, removal, and
6-41 maintenance of signs, billboards, trees, shrubs, fences,
6-42 buildings, and any and all other structures or
6-43 obstructions upon or adjacent to the rights of way of
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LC 22 1477
7- 1 streets and roads or within view thereof, inside or
7- 2 abutting the corporate limits of the city; and to
7- 3 prescribe penalties and punishment for violation of such
7- 4 ordinances;
7- 5 (31) Retirement. To provide and maintain a retirement
7- 6 plan for officers and employees of the city;
7- 7 (32) Roadways. To lay out, open, extend, widen, narrow,
7- 8 establish, or change the grade of, abandon or close,
7- 9 construct, pave, curb, gutter, adorn with shade trees,
7-10 or otherwise improve, maintain, repair, clean, prevent
7-11 erosion of, and light the roads, alleys, and walkways
7-12 within the corporate limits of the city; to grant
7-13 franchises and rights of way throughout the streets and
7-14 roads and over the bridges and viaducts for the use of
7-15 public utilities; to require real estate owners to
7-16 repair and maintain in a safe condition the sidewalks
7-17 adjoining their lots or lands; and to impose penalties
7-18 for failure to do so;
7-19 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-20 necessary to assure the acquiring, constructing,
7-21 equipping, operating, maintaining, and extending of a
7-22 sewage disposal plant and sewerage system; to levy on
7-23 those to whom sewers and sewerage systems are made
7-24 available a sewer service fee, charge, or sewer tax for
7-25 the availability or use of the sewers; to provide for
7-26 the manner and method of collecting such service charges
7-27 and for enforcing payment of the same; and to charge,
7-28 impose, and collect a sewer connection fee or fees to
7-29 those connected with the system;
7-30 (34) Solid waste disposal. To provide for the
7-31 collection and disposal of garbage, rubbish, and refuse;
7-32 to regulate the collection and disposal of garbage,
7-33 rubbish, and refuse by others; to provide for the
7-34 separate collection of glass, tin, aluminum, cardboard,
7-35 paper, and other recyclable materials; and to provide
7-36 for the sale of such items;
7-37 (35) Special areas of public regulation. To regulate or
7-38 prohibit junk dealers, pawn shops, the manufacture,
7-39 sale, or transportation of intoxicating liquors, the use
7-40 and sale of firearms; to regulate the transportation,
7-41 storage, and use of combustible, explosive, and
7-42 inflammable materials, the use of lighting and heating
7-43 equipment, and any other business or situation which may
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LC 22 1477
8- 1 be dangerous to persons or property; to regulate and
8- 2 control the conduct of peddlers and itinerant traders,
8- 3 theatrical performances, exhibitions, and shows of any
8- 4 kind, by taxation or otherwise; and to license, tax,
8- 5 regulate, or prohibit professional fortunetelling,
8- 6 palmistry, adult bookstores, and massage parlors;
8- 7 (36) Special assessments. To levy and provide for the
8- 8 collection of special assessments to cover the costs for
8- 9 any public improvements;
8-10 (37) Taxes: ad valorem. To levy and provide for the
8-11 assessment, valuation, revaluation, and collection of
8-12 taxes on all property subject to taxation;
8-13 (38) Taxes: other. To levy and collect such other
8-14 taxes as may be allowed now or in the future by law;
8-15 (39) Taxicabs. To regulate and license vehicles
8-16 operated for hire in the city; to limit the number of
8-17 such vehicles; to require the operators thereof to be
8-18 licensed; to require public liability insurance on such
8-19 vehicles in the amounts to be prescribed by ordinance;
8-20 and to regulate the parking of such vehicles;
8-21 (40) Urban redevelopment. To organize and operate an
8-22 urban redevelopment program; and
8-23 (41) Other powers. To exercise and enjoy all other
8-24 powers, functions, rights, privileges, and immunities
8-25 necessary or desirable to promote or protect the safety,
8-26 health, peace, security, good order, comfort,
8-27 convenience, or general welfare of the city and its
8-28 inhabitants; to exercise all implied powers necessary to
8-29 carry into execution all powers granted in this charter
8-30 as fully and completely as if such powers were fully
8-31 stated in this charter; and to exercise all powers now
8-32 or in the future authorized to be exercised by other
8-33 municipal governments under other laws of the State of
8-34 Georgia; and no listing of particular powers in this
8-35 charter shall be held to be exclusive of others, nor
8-36 restrictive of general words and phrases granting
8-37 powers, but shall be held to be in addition to such
8-38 powers unless expressly prohibited to municipalities
8-39 under the Constitution or applicable laws of the State
8-40 of Georgia.
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LC 22 1477
9- 1 SECTION 1.14.
9- 2 Exercise of powers.
9- 3 All powers, functions, rights, privileges, and immunities of
9- 4 the city, its officers, agencies, or employees shall be
9- 5 carried into execution as provided by this charter. If this
9- 6 charter makes no provision, such shall be carried into
9- 7 execution as provided by ordinance or as provided by
9- 8 pertinent laws of the State of Georgia.
ARTICLE II
9- 9 GOVERNING BODY
9-10 SECTION 2.10.
9-11 City council creation;
9-12 number; election.
9-13 The legislative authority of the government of the City of
9-14 Cobbtown, except as otherwise specifically provided in this
9-15 charter, shall be vested in a city council to be composed of
9-16 a mayor and five councilmembers. The city council
9-17 established shall in all respects be a successor to and
9-18 continuation of the governing authority under prior law.
9-19 The mayor and councilmembers shall be elected in the manner
9-20 provided by general law and this charter.
9-21 SECTION 2.11.
9-22 City council terms and
9-23 qualifications.
9-24 The members of the city council shall serve for terms of
9-25 four years and until their respective successors are elected
9-26 and qualified. No person shall be eligible to serve as a
9-27 councilmember unless that person shall have been a resident
9-28 of the city for a period of 12 months prior to the date of
9-29 election; and each person elected shall continue to reside
9-30 inside the city during that member's period of service and
9-31 to be registered and qualified to vote in municipal
9-32 elections of the City of Cobbtown.
9-33 SECTION 2.12.
9-34 Vacancy; filling of vacancies.
9-35 (a) Vacancies. The office of mayor or councilmember shall
9-36 become vacant upon the occurrence of any event specified by
9-37 the Constitution of the State of Georgia, Title 45 of the
9-38 Official Code of Georgia Annotated, or such other applicable
9-39 laws as are or may hereafter be enacted.
-9- (Index)
LC 22 1477
10- 1 (b) Forfeiture of office. The mayor or any councilmember
10- 2 shall forfeit that office if such official:
10- 3 (l) Fails at any time during a term of office to meet
10- 4 any qualifications of the office as prescribed by this
10- 5 charter or the laws of the State of Georgia;
10- 6 (2) Willfully and knowingly violates any express
10- 7 prohibition of this charter; or
10- 8 (3) Is convicted of a crime involving moral turpitude.
10- 9 (c) Filling of vacancies. A vacancy in the office of mayor
10-10 or councilmember shall be filled for the remainder of the
10-11 unexpired term, if any, by appointment if less than 12
10-12 months remains in the unexpired term, otherwise by an
10-13 election, as provided for in Section 5.14 of this charter
10-14 and in accordance with Titles 21 and 45 of the Official Code
10-15 of Georgia Annotated, or other such laws as are or may
10-16 hereafter be enacted.
10-17 SECTION 2.13.
10-18 Compensation and expenses.
10-19 The mayor and councilmembers shall receive compensation and
10-20 expenses for their services as provided by ordinance and in
10-21 accordance with Chapter 35 of Title 36 of the Official Code
10-22 of Georgia Annotated.
10-23 SECTION 2.14.
10-24 Prohibitions.
10-25 (a) Elected and appointed officers of the city are trustees
10-26 and servants of the residents of the city and shall act in a
10-27 fiduciary capacity for the benefit of such residents.
10-28 (b) Except as authorized by law, the mayor or any
10-29 councilmember shall not hold any other city office or city
10-30 employment during the term for which that person was
10-31 elected.
10-32 (c) Neither the mayor nor any member of the council shall
10-33 vote upon, sign, or veto any ordinance, resolution,
10-34 contract, or other matter in which that person is
10-35 financially interested.
10-36 SECTION 2.15.
10-37 Inquiries and investigations.
10-38 Following the adoption of an authorizing resolution, the
10-39 city council may make inquiries and investigations into the
10-40 affairs of the city and the conduct of any department,
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LC 22 1477
11- 1 office, or agency thereof; and for this purpose may subpoena
11- 2 witnesses, administer oaths, take testimony, and require the
11- 3 production of evidence. Any person who fails or refuses to
11- 4 obey a lawful order issued in the exercise of these powers
11- 5 by the council shall be punished as provided by ordinance.
11- 6 SECTION 2.16.
11- 7 General power and authority of the council.
11- 8 Except as otherwise provided by law or by this charter, the
11- 9 council shall be vested with all the powers of government of
11-10 the City of Cobbtown, Georgia.
11-11 SECTION 2.17.
11-12 Eminent Domain.
11-13 The city council is empowered to acquire, construct,
11-14 operate, and maintain public ways, parks, public grounds,
11-15 cemeteries, markets, market houses, public buildings,
11-16 libraries, sewers, drains, sewage treatment, waterworks,
11-17 electrical systems, gas systems, airports, hospitals, sport,
11-18 charitable, educational, recreational, curative,
11-19 corrective, detentional, penal, medical institutions,
11-20 agencies, facilities, and any other public improvements
11-21 inside or outside the city; and to regulate the use
11-22 thereof; and for such purposes, property may be condemned
11-23 under procedures established under general law applicable
11-24 now or as provided in the future.
11-25 SECTION 2.18.
11-26 Regular and special meetings.
11-27 (a) The city council shall hold regular meetings at such
11-28 times and places as shall be prescribed by ordinance.
11-29 (b) Special meetings of the city council may be held on call
11-30 of the mayor or three members of the city council. Notice
11-31 of such special meetings shall be served on all other
11-32 members personally, or by telephone personally, at least 48
11-33 hours in advance of the meeting. Such notice to
11-34 councilmembers shall not be required if the mayor and all
11-35 councilmembers are present when the special meeting is
11-36 called. Such notice of any special meeting may be waived by
11-37 a councilmember in writing before or after such a meeting,
11-38 and attendance at the meeting shall also constitute a waiver
11-39 of notice on any business transacted in such councilmember's
11-40 presence. Only the business stated in the call may be
11-41 transacted at the special meeting.
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12- 1 (c) All meetings of the city council shall be public to the
12- 2 extent required by law and notice to the public of special
12- 3 meetings shall be made fully as provided by Code Section
12- 4 50-14-1 of the Official Code of Georgia Annotated, or other
12- 5 such applicable laws as are or may hereafter be enacted.
12- 6 SECTION 2.19.
12- 7 Rules of procedure.
12- 8 (a) The city council shall adopt its rules of procedure and
12- 9 order of business consistent with the provisions of this
12-10 charter and shall provide for keeping a journal of its
12-11 proceedings, which shall be a public record.
12-12 (b) All committee chairs and officers of the city council
12-13 shall be appointed by the mayor and shall serve at the
12-14 pleasure of the mayor. The mayor shall have the power to
12-15 appoint new members to any committee at any time.
12-16 (c) The city council may by ordinance create, change, alter,
12-17 abolish, or consolidate offices, agencies, and departments
12-18 of the city and may assign additional functions to any of
12-19 the offices, agencies, and departments expressly provided
12-20 for by this charter.
12-21 SECTION 2.20.
12-22 Quorum: voting.
12-23 (a) Four councilmembers shall constitute a quorum and shall
12-24 be authorized to transact the business of the city council.
12-25 Voting on the adoption of ordinances shall be by voice vote
12-26 and the vote shall be recorded in the journal, but any
12-27 member of the city council shall have the right to request a
12-28 roll-call vote and such vote shall be recorded in the
12-29 journal. Except as otherwise provided in this charter, the
12-30 affirmative vote of three councilmembers shall be required
12-31 for the adoption of any ordinance, resolution, or motion.
12-32 An abstention shall be counted as an affirmative vote.
12-33 (b) In the event vacancies in office result in less than a
12-34 quorum of councilmembers holding office, then the remaining
12-35 councilmembers in office shall constitute a quorum and shall
12-36 be authorized to transact business of the city council. A
12-37 vote of a majority of the remaining councilmembers shall be
12-38 required for the adoption of any ordinance, resolution, or
12-39 motion.
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LC 22 1477
13- 1 SECTION 2.21.
13- 2 Ordinance form; procedures.
13- 3 (a) Every proposed ordinance shall be introduced in writing
13- 4 and in the form required for final adoption. No ordinance
13- 5 shall contain a subject which is not expressed in its title.
13- 6 The enacting clause shall be "It is hereby ordained by the
13- 7 governing authority of the City of Cobbtown," and every
13- 8 ordinance shall so begin.
13- 9 (b) An ordinance may be introduced by any councilmember and
13-10 be read at a regular or special meeting of the city council.
13-11 Ordinances shall be considered and adopted or rejected by
13-12 the city council in accordance with the rules which it shall
13-13 establish; provided, however, an ordinance shall not be
13-14 adopted the same day it is introduced, except for emergency
13-15 ordinances provided in Section 2.23 of this charter. Upon
13-16 introduction of any ordinance, the clerk shall as soon as
13-17 possible distribute a copy to the mayor and to each
13-18 councilmember and shall file a reasonable number of copies
13-19 in the office of the clerk and at such other public places
13-20 as the city council may designate.
13-21 SECTION 2.22.
13-22 Action requiring an ordinance.
13-23 Acts of the city council which have the force and effect of
13-24 law shall be enacted by ordinance.
13-25 SECTION 2.23.
Emergencies.
13-26 (a) To meet a public emergency affecting life, health,
13-27 property, or public peace, the city council may convene on
13-28 call of the mayor or three councilmembers and may promptly
13-29 adopt an emergency ordinance; but such ordinance shall not
13-30 levy taxes; grant, renew, or extend a franchise; regulate
13-31 the rate charged by any public utility for its services; or
13-32 authorize the borrowing of money except for loans to be
13-33 repaid within 30 days. An emergency ordinance shall be
13-34 introduced in the form prescribed for ordinances generally,
13-35 except that it shall be plainly designated as an emergency
13-36 ordinance and shall contain, after the enacting clause, a
13-37 declaration stating that an emergency exists and describing
13-38 the emergency in clear and specific terms. An emergency
13-39 ordinance may be adopted, with or without amendment, or
13-40 rejected at the meeting at which it is introduced, but the
13-41 affirmative vote of at least three councilmembers shall be
13-42 required for adoption. It shall become effective upon
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14- 1 adoption or at such later time as it may specify. Every
14- 2 emergency ordinance shall automatically stand repealed 30
14- 3 days following the date upon which it was adopted, but this
14- 4 shall not prevent reenactment of the ordinance in the manner
14- 5 specified in this subsection if the emergency still exists.
14- 6 An emergency ordinance shall also be repealed by adoption of
14- 7 a repealing ordinance in the same manner specified in this
14- 8 subsection for adoption of emergency ordinances.
14- 9 (b) Such meetings shall be open to the public to the extent
14-10 required by law and notice to the public of emergency
14-11 meetings shall be made as fully as is possible in accordance
14-12 with Code Section 50-14-1 of the Official Code of Georgia
14-13 Annotated, or such other applicable laws as are or may
14-14 hereafter be enacted.
14-15 SECTION 2.24.
14-16 Codes of technical regulations.
14-17 (a) The city council may adopt any standard code of
14-18 technical regulations by reference thereto in an adopting
14-19 ordinance. The procedure and requirements governing such
14-20 adopting ordinance shall be as prescribed for ordinances
14-21 generally except that:
14-22 (1) The requirements of subsection (b) of Section 2.21
14-23 of this charter for distribution and filing of copies of
14-24 the ordinance shall be construed to include copies of
14-25 any code of technical regulations, as well as the
14-26 adopting ordinance; and
14-27 (2) A copy of each adopted code of technical
14-28 regulations, as well as the adopting ordinance, shall be
14-29 authenticated and recorded by the clerk pursuant to
14-30 Section 2.25 of this charter.
14-31 (b) Copies of any adopted code of technical regulations
14-32 shall be made available by the clerk for inspection by the
14-33 public.
14-34 SECTION 2.25.
14-35 Signing; authenticating; recording;
14-36 codification; printing.
14-37 (a) The clerk shall authenticate by the clerk's signature
14-38 and record in full in a properly indexed book kept for that
14-39 purpose all ordinances adopted by the council.
14-40 (b) The city council shall provide for the preparation of a
14-41 general codification of all the ordinances of the city
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LC 22 1477
15- 1 having the force and effect of law. The general
15- 2 codification shall be adopted by the city council by
15- 3 ordinance and shall be published promptly, together with all
15- 4 amendments thereto and such codes of technical regulations
15- 5 and other rules and regulations as the city council may
15- 6 specify. This compilation shall be known and cited
15- 7 officially as "The Code of the City of Cobbtown, Georgia."
15- 8 Copies of the code shall be furnished to all officers,
15- 9 departments, and agencies of the city and made available for
15-10 purchase by the public at a reasonable price as fixed by the
15-11 city council.
15-12 (c) The city council shall cause each ordinance and each
15-13 amendment to this charter to be printed promptly following
15-14 its adoption, and printed ordinances and charter amendments
15-15 shall be made available for purchase by the public at
15-16 reasonable prices to be fixed by the city council.
15-17 Following publication of the first code under this charter
15-18 and at all times thereafter, the ordinances and charter
15-19 amendments shall be printed in substantially the same style
15-20 as the code currently in effect and shall be suitable in
15-21 form for incorporation within the code. The city council
15-22 shall make such further arrangements as deemed desirable
15-23 with reproduction and distribution of any changes in or
15-24 additions to codes of technical regulations and other rules
15-25 and regulations included in the code.
15-26 SECTION 2.26.
15-27 Election of mayor;
15-28 forfeiture; compensation.
15-29 The mayor shall be elected and serve for a term of four
15-30 years and until a successor is elected and qualified. The
15-31 mayor shall be a qualified elector of this city and shall
15-32 have been a resident of the city for 12 months prior to the
15-33 election. The mayor shall continue to reside in this city
15-34 during the period of service. The mayor shall forfeit the
15-35 office on the same grounds and under the same procedure as
15-36 for councilmembers. The compensation of the mayor shall be
15-37 established in the same manner as for councilmembers.
15-38 SECTION 2.27.
15-39 Mayor pro tempore.
15-40 The mayor pro tempore shall be a member of the council who
15-41 is elected at the organization meeting by majority vote of
15-42 all members of the city council and shall serve for a term
15-43 of two years and until a successor is elected and qualified.
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LC 22 1477
16- 1 The mayor pro tempore shall assume the duties and powers of
16- 2 the mayor during the mayor's physical or mental disability
16- 3 or absence. Any such disability or absence shall be
16- 4 declared by a majority vote of the city council. The mayor
16- 5 pro tempore shall sign all contracts and ordinances in which
16- 6 the mayor has a disqualifying financial interest as provided
16- 7 in Section 2.14 of this charter.
16- 8 SECTION 2.28.
16- 9 Powers and duties of mayor.
16-10 The mayor shall:
16-11 (1) Preside at all meetings of the city council;
16-12 (2) Be the official head of the city for the purpose of
16-13 service of process and for ceremonial purposes, and be
16-14 the official spokesperson for the city and the chief
16-15 advocate of policy;
16-16 (3) Have the power to administer oaths and to take
16-17 affidavits;
16-18 (4) Sign as a matter of course on behalf of the city all
16-19 written and approved contracts, ordinances, and other
16-20 instruments executed by the city which by law are
16-21 required to be in writing;
16-22 (5) Vote on matters before the city council and be
16-23 counted toward a quorum as any other councilmember
16-24 during the absence of any councilmember or breaking any
16-25 tie vote;
16-26 (6) Prepare and submit to the city council a recommended
16-27 annual operating budget and recommended capital budget;
16-28 and
16-29 (7) Fulfill such other executive and administrative
16-30 duties as the city council shall by ordinance establish.
16-31 SECTION 2.29.
16-32 Organization meeting.
16-33 The council shall meet for organization on January 1 after
16-34 each election year. The meeting shall be called to order by
16-35 the city clerk, and the oath of office shall be administered
16-36 to the newly elected members as follows:
16-37 "I do solemnly (swear or affirm) that I will honestly
16-38 and truly perform the duties of (mayor or councilmember)
16-39 of the city of Cobbtown, Georgia; and that I will support
16-40 and defend the charter thereof as well as the Constitution
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LC 22 1477
17- 1 and laws of the State of Georgia and the Constitution and
17- 2 laws of the United States of America."
ARTICLE III
17- 3 ADMINISTRATIVE AFFAIRS
17- 4 SECTION 3.10.
17- 5 Administrative and service departments.
17- 6 (a) Except as otherwise provided in this charter, the city
17- 7 council by ordinance shall prescribe the functions or duties
17- 8 and shall establish, abolish, alter, consolidate, or leave
17- 9 vacant all nonelective offices, positions of employment,
17-10 departments, and agencies of the city, as are necessary for
17-11 the proper administration of the affairs and government of
17-12 this city.
17-13 (b) Except as otherwise provided by this charter or by law,
17-14 the directors of departments and other appointed officers of
17-15 the city shall be appointed solely on the basis of their
17-16 respective administrative and professional qualifications.
17-17 (c) All appointive officers and directors of departments
17-18 shall receive such compensation as prescribed by ordinance.
17-19 (d) There shall be a director of each department or agency
17-20 who shall be its principal officer. Each director shall be
17-21 subject to the direction and supervision of the mayor and be
17-22 responsible for the administration and direction of the
17-23 affairs and operations of that director's department or
17-24 agency.
17-25 (e) All appointive officers and directors under the
17-26 supervision of the mayor shall be nominated by the mayor
17-27 with confirmation of appointment by the city council. All
17-28 appointive officers and directors shall be employees at will
17-29 and shall be subject to removal or suspension at any time by
17-30 the mayor, unless otherwise provided by law or ordinance.
17-31 SECTION 3.11.
17-32 Boards, commissions, and authorities.
17-33 (a) The city council shall create by ordinance such boards,
17-34 commissions, and authorities to fulfill any investigative,
17-35 quasi-judicial, or quasi-legislative function the city
17-36 council deems necessary and shall by ordinance establish the
17-37 composition, period of existence, duties, and powers of such
17-38 boards, commissions, and authorities.
17-39 (b) All members of boards, commissions, and authorities of
17-40 the city shall be appointed by the council for such terms of
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LC 22 1477
18- 1 office and by such manner of appointment as provided by
18- 2 ordinance, except where other appointing authority, term of
18- 3 office, or manner of appointment is prescribed by this
18- 4 charter or by applicable state law.
18- 5 (c) No member of any board, commission, or authority shall
18- 6 hold any elective office in the city.
18- 7 (d) Any vacancy in office of any member of a board,
18- 8 commission, or authority of the city shall be filled for the
18- 9 unexpired term in the manner prescribed for the original
18-10 appointment, except as otherwise provided by this charter or
18-11 any applicable state law.
18-12 (e) No member of any board, commission, or authority shall
18-13 assume office until he or she has executed and filed with
18-14 the clerk of the city an oath obligating himself or herself
18-15 to perform faithfully and impartially the duties of office,
18-16 such oath to be prescribed by ordinance of the council and
18-17 administered by the mayor.
18-18 (f) Any member of a board, commission, or authority may be
18-19 removed from office for cause by a vote of three members of
18-20 the council.
18-21 (g) Members of boards, commissions, and authorities may
18-22 receive such compensation and expenses in the performance of
18-23 their official duties as prescribed by ordinance.
18-24 (h) The qualifications required of members of boards,
18-25 commissions, and authorities shall be as prescribed by
18-26 ordinance.
18-27 (i) Except as otherwise provided by this charter or by
18-28 applicable state law, each board, commission, or authority
18-29 of the city shall elect one of its members as chairperson
18-30 and one member as vice chairperson for terms of one year and
18-31 may elect as its secretary one of its own members or may
18-32 appoint as secretary an employee of the city. Each board,
18-33 commission, or authority of the city government may
18-34 establish such bylaws, rules, and regulations, not
18-35 inconsistent with this charter, ordinances of the city, or
18-36 applicable state law, as it deems appropriate and necessary
18-37 for the conduct of its affairs, copies of which shall be
18-38 filed with the clerk of the city.
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LC 22 1477
19- 1 SECTION 3.12.
19- 2 City attorney.
19- 3 The city council shall appoint a city attorney, together
19- 4 with such assistant city attorneys as may be authorized, and
19- 5 shall provide for the payment of such attorney or attorneys
19- 6 for services rendered to the city. The city attorney shall
19- 7 be responsible for providing for the representation and
19- 8 defense of the city in all litigation in which the city is a
19- 9 party, may be the prosecuting officer in the municipal
19-10 court, shall attend the meetings of the council as directed,
19-11 shall advise the council, mayor, other officers, and
19-12 employees of the city concerning legal aspects of the city's
19-13 affairs, and shall perform such other duties as may be
19-14 required by virtue of that person's position as city
19-15 attorney.
19-16 SECTION 3.13.
City clerk.
19-17 The city council shall appoint a city clerk who shall not be
19-18 a councilmember. The city clerk shall be the custodian of
19-19 the official city seal and city records, maintain city
19-20 council records required by this charter, and perform such
19-21 other duties as may be required by the city council.
19-22 SECTION 3.14.
19-23 Position classification and pay plans.
19-24 The mayor shall be responsible for the preparation of a
19-25 position classification and pay plan, which shall be
19-26 submitted to the city council for approval. Such plan may
19-27 apply to all employees of the city and any of its agencies,
19-28 departments, boards, commissions, or authorities. When a
19-29 pay plan has been adopted, the city council shall not
19-30 increase or decrease the salary range applicable to any
19-31 position except by amendment of such pay plan. For purposes
19-32 of this section, all elected and appointed city officials
19-33 are not city employees.
19-34 SECTION 3.15.
19-35 Personnel policies.
19-36 All employees serve at will and may be removed from office
19-37 at any time unless otherwise provided by ordinance.
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LC 22 1477
20- 1 SECTION 3.16.
20- 2 Consolidation of functions.
20- 3 The city council may consolidate any two or more positions
20- 4 of city clerk, city tax collector, and city accountant, or
20- 5 any other positions, or may assign the function of any one
20- 6 or more of such positions to the holder or holders of any
20- 7 other positions. The city manager may also, in the event a
20- 8 city manager has been selected, with the approval of the
20- 9 city council, perform all or any part of the functions of
20-10 any of the positions or offices in lieu of appointing other
20-11 persons to perform the same.
ARTICLE IV
20-12 JUDICIAL BRANCH
20-13 SECTION 4.10.
20-14 Creation; name.
20-15 There shall be a court to be known as the Municipal Court of
20-16 the City of Cobbtown, Georgia.
20-17 SECTION 4.11.
20-18 Chief judge; associate judge.
20-19 (a) The municipal court shall be presided over by a chief
20-20 judge and such part-time, full-time, or stand-by judges as
20-21 shall be provided by ordinance.
20-22 (b) No person shall be qualified or eligible to serve as a
20-23 judge on the municipal court unless that person shall have
20-24 attained the age of 21 years, shall be a member of the State
20-25 Bar of Georgia, and shall possess all qualifications
20-26 required by law. All judges shall be appointed by the city
20-27 council and shall serve until a successor is appointed and
20-28 qualified.
20-29 (c) Compensation of the judges shall be fixed by ordinance.
20-30 (d) Judges serve at will and may be removed from office at
20-31 any time by the city council unless otherwise provided by
20-32 ordinance.
20-33 (e) Prior to assuming office, each judge shall take an oath,
20-34 given by the mayor, that the judge will honestly and
20-35 faithfully discharge the duties of the office to the best of
20-36 that person's ability and without fear, favor, or
20-37 partiality. The oath shall be entered upon the minutes of
20-38 the city council journal required in Section 2.19 of this
20-39 charter.
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LC 22 1477
21- 1 SECTION 4.12.
Convening.
21- 2 The municipal court shall be convened at regular intervals
21- 3 as provided by ordinance.
21- 4 SECTION 4.13.
21- 5 Jurisdiction; powers.
21- 6 (a) The municipal court shall try and punish violations of
21- 7 this charter, all city ordinances, and such other violations
21- 8 as provided by law.
21- 9 (b) The municipal court shall have authority to punish those
21-10 in its presence for contempt, provided that such punishment
21-11 shall not exceed a fine of $200.00 or ten days in jail.
21-12 (c) The municipal court may fix punishment for offenses
21-13 within its jurisdiction not exceeding a fine of $1,000.00 or
21-14 imprisonment for 45 days or both such fine and imprisonment,
21-15 or it may fix punishment by fine, imprisonment, or
21-16 alternative sentencing as now or hereafter provided by law.
21-17 (d) The municipal court shall have authority to establish a
21-18 schedule of fees to defray the cost of operation and shall
21-19 be entitled to reimbursement of the cost of meals,
21-20 transportation, and caretaking of prisoners bound over to
21-21 superior courts for violations of state law.
21-22 (e) The municipal court shall have authority to establish
21-23 bail and recognizance to ensure the presence of those
21-24 charged with violations before said court and shall have
21-25 discretionary authority to accept cash or personal or real
21-26 property as surety for the appearance of persons charged
21-27 with violations. Whenever any person shall give bail for
21-28 that person's appearance and that person shall fail to
21-29 appear at the time fixed for trial, the bond shall be
21-30 forfeited by the judge presiding at such time, and an
21-31 execution issued thereon by serving the defendant and the
21-32 defendant's sureties with a rule nisi at least two days
21-33 before a hearing on the rule nisi. In the event that cash
21-34 or property is accepted in lieu of bond for security for the
21-35 appearance of a defendant at trial, and if such defendant
21-36 fails to appear at the time and place fixed for trial, the
21-37 cash so deposited shall be on order of the judge declared
21-38 forfeited to the city, or the property so deposited shall
21-39 have a lien against it for the value forfeited which lien
21-40 shall be enforceable in the same manner and to the same
21-41 extent as a lien for city property taxes.
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LC 22 1477
22- 1 (f) The municipal court shall have the same authority as
22- 2 superior courts to compel the production of evidence in the
22- 3 possession of any party, to enforce obedience to its orders,
22- 4 judgments, and sentences, and to administer such oaths as
22- 5 are necessary.
22- 6 (g) The municipal court may compel the presence of all
22- 7 parties necessary to a proper disposal of each case by the
22- 8 issuance of summonses, subpoenas, and warrants which may be
22- 9 served as executed by any officer as authorized by this
22-10 charter or by law.
22-11 (h) Each judge of the municipal court shall be authorized to
22-12 issue warrants for the arrest of persons charged with
22-13 offenses against any ordinance of the city, and each judge
22-14 of the municipal court shall have the same authority as a
22-15 magistrate of the state to issue warrants for offenses
22-16 against state laws committed within the city.
22-17 SECTION 4.14.
Certiorari.
22-18 The right of certiorari from the decision and judgment of
22-19 the municipal court shall exist in all criminal cases and
22-20 ordinance violation cases. Such certiorari shall be
22-21 obtained under the sanction of a judge of the Superior Court
22-22 of Tattnall County under the laws of the State of Georgia
22-23 regulating the granting and issuance of writs of certiorari.
22-24 SECTION 4.15.
22-25 Rules for court.
22-26 With the approval of the city council, the judge shall have
22-27 full power and authority to make reasonable rules and
22-28 regulations necessary and proper to secure the efficient and
22-29 successful administration of the municipal court; provided,
22-30 however, that the city council may adopt in part or in toto
22-31 the rules and regulations applicable to superior courts.
22-32 The rules and regulations made or adopted shall be filed
22-33 with the city clerk and shall be available for public
22-34 inspection, and upon request a copy shall be furnished to
22-35 all defendants in municipal court proceedings at least 48
22-36 hours prior to said proceedings.
N clud SECTION 4.16.
Appeal.
22-38 The right of appeal and any bond as may be required to
22-39 secure the costs on appeal to the Superior Court of Tattnall
22-40 County from the municipal court shall lie in the same manner
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LC 22 1477
23- 1 and under the same procedure as generally prescribed for
23- 2 appeals and appeal bonds from the judge of the probate
23- 3 court, provided that any person who fails to file an appeal
23- 4 within ten days of the date of conviction shall be deemed to
23- 5 have waived any such right. An appeal to the superior court
23- 6 shall be a de novo proceeding.
ARTICLE V
23- 7 ELECTIONS and REMOVAL
23- 8 SECTION 5.10.
23- 9 Applicability of general law.
23-10 All primaries and elections shall be held and conducted in
23-11 accordance with Chapter 3 of Title 21 of the Official Code
23-12 of Georgia Annotated, the "Georgia Municipal Election Code,"
23-13 as now or hereafter amended.
23-14 SECTION 5.11.
23-15 Election of the city council and mayor.
23-16 (a) There shall be a municipal general election biennially
23-17 in the odd years on the Tuesday next following the first
23-18 Monday in November, with the first election under the terms
23-19 of this charter in November, 1995.
23-20 (b) The mayor and councilmembers in office on the effective
23-21 date of this charter shall complete the terms for which they
23-22 were elected.
23-23 (c) At the election held in November, 1995, successors to
23-24 the three councilmembers whose terms expire on December 31,
23-25 1995, shall be elected. At the election held in November,
23-26 1997, a successor to the mayor and the two councilmembers
23-27 whose terms expire on December 31, 1997, shall be elected.
23-28 Persons elected to such offices shall take office and begin
23-29 their terms of office on the first day of January
23-30 immediately following their election.
23-31 (d) Candidates for the office of mayor and councilmember
23-32 shall run city wide.
23-33 SECTION 5.12.
23-34 Nonpartisan elections.
23-35 Political parties shall not conduct primaries for city
23-36 offices and all names of candidates for city offices shall
23-37 be listed without party designations.
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LC 22 1477
24- 1 SECTION 5.13.
24- 2 Election by plurality.
24- 3 The person receiving a plurality of the votes cast for any
24- 4 city office shall be elected.
24- 5 SECTION 5.14.
24- 6 Special elections; vacancies.
24- 7 In the event that the office of mayor or councilmember shall
24- 8 become vacant as provided in Section 2.12 of this charter,
24- 9 the city council or those remaining shall order a special
24-10 election to fill the balance of the unexpired term of such
24-11 official; provided, however, if such vacancy occurs within
24-12 12 months of the expiration of the term of that office, the
24-13 city council or those remaining shall appoint a successor
24-14 for the remainder of the term. In all other respects, the
24-15 special election shall be held and conducted in accordance
24-16 with Chapter 3 of Title 21 of the Official Code of Georgia
24-17 Annotated, the "Georgia Municipal Election Code," as now or
24-18 hereafter amended.
24-19 SECTION 5.15.
24-20 Other provisions.
24-21 Except as otherwise provided by this charter, the city
N clud council shall by ordinance prescribe such rules and
24-23 regulations it deems appropriate to fulfill any options and
24-24 duties under Chapter 3 of Title 21 of the Official Code of
24-25 Georgia Annotated, the "Georgia Municipal Election Code."
24-26 SECTION 5.16.
24-27 Removal of officers.
24-28 (a) The mayor, councilmembers, or appointed officers
24-29 provided for in this charter shall be removed from office
24-30 for any one or more of the causes provided in Title 45 of
24-31 the Official Code of Georgia Annotated, or such other
24-32 applicable laws as are or may hereafter be enacted.
24-33 (b) Removal of an officer pursuant to subsection (a) of this
24-34 section shall be accomplished one of the following methods:
24-35 (1) By majority vote of the city council following a
24-36 hearing. In the event an elected officer is sought to be
24-37 removed by the action of the city council, such officer
24-38 shall be entitled to a written notice specifying the
24-39 ground or grounds for removal and to a public hearing
24-40 which shall be held not less than ten days after the
24-41 service of such written notice. The city council shall
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LC 22 1477
25- 1 provide by ordinance for the manner in which such
25- 2 hearings shall be held. Any elected officer sought to
25- 3 be removed from office as provided in this section shall
25- 4 have the right of appeal from the decision of the city
25- 5 council to the Superior Court of Tattnall County. Such
25- 6 appeal shall be governed by the same rules as govern
25- 7 appeals to the superior court from the probate court; or
25- 8 (2) By an order of the Superior Court of Tattnall County
25- 9 following a hearing on a complaint seeking such removal
25-10 brought by any resident of the city of Cobbtown.
25-11 SECTION 5.17.
25-12 Qualifying; nomination of candidates;
25-13 absentee ballots.
25-14 The city council shall by ordinance prescribe rules and
25-15 regulations consistent with general law and governing
25-16 qualifying fees for candidates, nomination of candidates,
25-17 absentee ballots, write-in votes, challenge of votes, and
25-18 such other rules and regulations as may be necessary for the
25-19 conduct of elections in the City of Cobbtown.
ARTICLE VI
25-20 FINANCE AND FISCAL
25-21 SECTION 6.10.
25-22 Property tax.
25-23 The city council may assess, levy, and collect an ad valorem
25-24 tax on all real and personal property within the corporate
25-25 limits of the city that is subject to such taxation by the
25-26 state and county. This tax is for the purpose of raising
25-27 revenues to defray the costs of operating the city
25-28 government, of providing governmental services, for the
25-29 repayment of principal and interest on general obligations,
25-30 and for any other public purpose as determined by the city
25-31 council in its discretion.
25-32 SECTION 6.11.
25-33 Millage rate; due dates;
25-34 payment methods.
25-35 The city council by ordinance shall establish a millage rate
25-36 for the city property tax, a due date, and the time period
25-37 within which these taxes must be paid. The city council by
25-38 ordinance may provide for the payment of these taxes by
25-39 installments or in one lump sum, as well as authorize the
25-40 voluntary payment of taxes prior to the time when due.
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LC 22 1477
26- 1 SECTION 6.12.
26- 2 Occupation and business taxes.
26- 3 The city council by ordinance shall have the power to levy
26- 4 such occupation or business taxes as are not denied by law.
26- 5 The city council may classify businesses, occupations, or
26- 6 professions for the purpose of such taxation in any way
26- 7 which may be lawful and may compel the payment of such taxes
26- 8 as provided in Section 6.18 of this charter.
26- 9 SECTION 6.13.
26-10 Regulatory fees; permits.
26-11 The city council by ordinance shall have the power to
26-12 require businesses or practitioners doing business within
26-13 this city to obtain a permit for such activity from the city
26-14 and to pay a reasonable regulatory fee for such permit as
26-15 provided by general law. Such fees shall reflect the total
26-16 cost to the city of regulating the activity, and, if unpaid,
26-17 shall be collected as provided in Section 6.18 of this
26-18 charter.
26-19 SECTION 6.14.
Franchises.
26-20 (a) The city council shall have the power to grant
26-21 franchises for the use of this city's streets and alleys for
26-22 the purposes of railroads, street railways, telephone
26-23 companies, electric companies, electric membership
26-24 corporations, cable television and other telecommunications
26-25 companies, gas companies, transportation companies, and
26-26 other similar organizations. The city council shall
26-27 determine the duration, terms, whether the same shall be
26-28 exclusive or nonexclusive, and the consideration for such
26-29 franchises; provided, however, no franchise shall be granted
26-30 for a period in excess of 35 years, and no franchise shall
26-31 be granted unless the city receives just and adequate
26-32 compensation therefor. The city council shall provide for
26-33 the registration of all franchises with the city clerk in a
26-34 registration book kept by the clerk. The city council may
26-35 provide by ordinance for the registration within a
26-36 reasonable time of all franchises previously granted.
26-37 (b) If no franchise agreement is in effect, the city council
26-38 has the authority to impose a tax on gross receipts for the
26-39 use of this city's streets and alleys for the purposes of
26-40 railroads, street railways, telephone companies, electric
26-41 companies, electric membership corporations, cable
26-42 television and other telecommunications companies, gas
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LC 22 1477
27- 1 companies, transportation companies, and other similar
27- 2 organizations.
27- 3 SECTION 6.15.
27- 4 Service charges.
27- 5 The city council by ordinance shall have the power to assess
27- 6 and collect fees, charges, and tolls for sewers, sanitary
27- 7 and health services, or any other services provided or made
27- 8 available inside and outside the corporate limits of the
27- 9 city for the total cost to the city of providing or making
27-10 available such services. If unpaid, such charges shall be
27-11 collected as provided in Section 6.18 of this charter.
27-12 SECTION 6.16.
27-13 Special assessments.
27-14 The city council by ordinance shall have the power to assess
27-15 and collect the cost of constructing, reconstructing,
27-16 widening, or improving any public way, street, sidewalk,
27-17 curbing, gutters, sewers, or other utility mains and
27-18 appurtenances from the abutting property owners under such
27-19 terms and conditions as are reasonable. If unpaid, such
27-20 charges shall be collected as provided in Section 6.18 of
27-21 this charter.
27-22 SECTION 6.17.
27-23 Construction; other taxes and fees.
27-24 This city shall be empowered to levy any other tax or fee
27-25 allowed now or hereafter by law, and the specific mention of
27-26 any right, power, or authority in this article shall not be
27-27 construed as limiting in any way the general powers of this
27-28 city to govern its local affairs.
27-29 SECTION 6.18.
27-30 Collection of delinquent taxes and fees.
27-31 The city council by ordinance may provide generally for the
27-32 collection of delinquent taxes, fees, or other revenue due
27-33 the city under Sections 6.10 through 6.17 of this charter by
27-34 whatever reasonable means as are not precluded by law. This
27-35 shall include providing for the dates when the taxes or fees
27-36 are due, late penalties or interest, issuance and execution
27-37 of fi. fas., creation and priority of liens, making
27-38 delinquent taxes and fees personal debts of the persons
27-39 required to pay the taxes or fees imposed, revoking city
27-40 permits for failure to pay any city taxes or fees, and
27-41 providing for the assignment or transfer of tax executions.
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28- 1 SECTION 6.19.
28- 2 General obligation bonds.
28- 3 The city council shall have the power to issue bonds for the
28- 4 purpose of raising revenue to carry out any project,
28- 5 program, or venture authorized under this charter or the
28- 6 laws of the state. Such bonding authority shall be
28- 7 exercised in accordance with the laws governing bond
28- 8 issuance by municipalities in effect at the time said issue
28- 9 is undertaken.
28-10 SECTION 6.20.
28-11 Revenue bonds.
28-12 Revenue bonds may be issued by the city council as state law
28-13 now or hereafter provides. Such bonds are to be paid out of
28-14 any revenue produced by the project, program, or venture for
28-15 which they were issued.
28-16 SECTION 6.21.
28-17 Short-term loans.
28-18 The city may obtain short-term loans and must repay such
28-19 loans not later than December 31 of each year, unless
28-20 otherwise provided by law.
28-21 SECTION 6.22.
28-22 Lease-purchase contracts.
28-23 The city may enter into multiyear lease, purchase, or
28-24 lease-purchase contracts for the acquisition of goods,
28-25 materials, real and personal property, services, and
28-26 supplies, provided that the contract terminates without
28-27 further obligation on the part of the municipality at the
28-28 close of the calendar year in which it was executed and at
28-29 the close of each succeeding calendar year for which it may
28-30 be renewed. Contracts must be executed in accordance with
28-31 the requirements of Code Section 36-60-13 of the Official
28-32 Code of Georgia Annotated, or other such applicable laws as
28-33 are or may hereafter be enacted.
28-34 SECTION 6.23.
Fiscal year.
28-35 The city council shall set the fiscal year by ordinance.
28-36 This fiscal year shall constitute the budget year and the
28-37 year for financial accounting and reporting of each and
28-38 every office, department, agency, and activity of the city
28-39 government.
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29- 1 SECTION 6.24.
29- 2 Preparation of budgets.
29- 3 The city council shall provide an ordinance on the
29- 4 procedures and requirements for the preparation and
29- 5 execution of an annual operating budget, a capital
29- 6 improvement plan, and a capital budget, including
29- 7 requirements as to the scope, content, and form of such
29- 8 budgets and plans in compliance with the provisions of
29- 9 Chapter 81 of Title 36 of the Official Code of Georgia
29-10 Annotated.
29-11 SECTION 6.25.
29-12 Submission of operating
29-13 budget to city council.
29-14 On or before a date fixed by the city council but not later
29-15 than 30 days prior to the beginning of each fiscal year, the
29-16 mayor shall submit to the city council a proposed operating
29-17 budget for the ensuing fiscal year. The budget shall be
29-18 accompanied by a message from the mayor containing a
29-19 statement of the general fiscal policies of the city, the
29-20 important features of the budget, explanations of major
29-21 changes recommended for the next fiscal year, a general
29-22 summary of the budget, and such other pertinent comments and
29-23 information as the mayor may deem appropriate. The
29-24 operating budget and the capital budget, the budget message,
29-25 and all supporting documents shall be filed in the office of
29-26 the city clerk and shall be open to public inspection.
29-27 SECTION 6.26.
29-28 Action by city council on budget.
29-29 (a) The city council may amend the operating budget proposed
29-30 by the mayor, except that the budget as finally amended and
29-31 adopted must provide for all expenditures required by state
29-32 law or by other provisions of this charter and for all debt
29-33 service requirements for the ensuing fiscal year. The total
29-34 appropriations from any fund shall not exceed the estimated
29-35 fund balance, reserves, and revenues.
29-36 (b) The city council by ordinance shall adopt the final
29-37 operating budget for the ensuing fiscal year not later than
29-38 the second day of January of each year. If the city council
29-39 fails to adopt the budget by this date, the amounts
29-40 appropriated for operation for the current fiscal year shall
29-41 be deemed adopted for the ensuing fiscal year on a month to
29-42 month basis, with all items prorated accordingly, until such
29-43 time as the city council adopts a budget for the ensuing
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30- 1 fiscal year. Adoption of the budget shall take the form of
30- 2 an appropriations ordinance setting out the estimated
30- 3 revenues in detail by sources and making appropriations
30- 4 according to fund and by organizational unit, purpose, or
30- 5 activity as set out in the budget preparation ordinance
30- 6 adopted pursuant to Section 6.24 of this charter.
30- 7 (c) The amount set out in the adopted operating budget for
30- 8 each organizational unit shall constitute the annual
30- 9 appropriation for such, and no expenditure shall be made or
30-10 encumbrance created in excess of the otherwise unencumbered
30-11 balance of the appropriations or allotment thereof, to which
30-12 it is chargeable.
30-13 SECTION 6.27.
Tax levies.
30-14 The city council shall levy by ordinance such taxes as are
30-15 necessary. The taxes and tax rates set by such ordinance
30-16 shall be such that reasonable estimates of revenues from
30-17 such levy shall at least be sufficient, together with other
30-18 anticipated revenues, fund balances, and applicable
30-19 reserves, to equal the total amount appropriated for each of
30-20 the several funds set forth in the annual operating budget
30-21 for defraying the expenses of the general government of this
30-22 city.
30-23 SECTION 6.28.
30-24 Changes in appropriations.
30-25 The city council by ordinance may make changes in the
30-26 appropriations contained in the current operating budget at
30-27 any regular meeting or special or emergency meeting called
30-28 for such purpose, but any additional appropriations may be
30-29 made only from an existing unexpended surplus.
30-30 SECTION 6.29.
30-31 Capital budget.
30-32 (a) On or before the date fixed by the city council but no
30-33 later than 20 days prior to the beginning of each fiscal
30-34 year, the mayor shall submit to the city council a proposed
30-35 capital improvements plan with a recommended capital budget
30-36 containing the means of financing the improvements proposed
30-37 for the ensuing fiscal year. The city council shall have the
30-38 power to accept, with or without amendments, or reject the
30-39 proposed plan and proposed budget. The city council shall
30-40 not authorize an expenditure for the construction of any
30-41 building, structure, work, or improvement, unless the
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LC 22 1477
31- 1 appropriations for such project are included in the capital
31- 2 budget, except to meet a public emergency as provided in
31- 3 Section 2.23 of this charter.
31- 4 (b) The city council shall adopt by ordinance the final
31- 5 capital budget for the ensuing fiscal year not later than
31- 6 the second day of January of each year. No appropriation
31- 7 provided for in a prior capital budget shall lapse until the
31- 8 purpose for which the appropriation was made shall have been
31- 9 accomplished or abandoned; provided, however, the mayor may
31-10 submit amendments to the capital budget at any time during
31-11 the fiscal year, accompanied by recommendations. Any such
31-12 amendments to the capital budget shall become effective only
31-13 upon adoption by ordinance.
31-14 SECTION 6.30.
31-15 Independent audit.
31-16 There shall be an annual independent audit of all city
31-17 accounts, funds, and financial transactions by a certified
31-18 public accountant selected by the city council. The audit
31-19 shall be conducted according to generally accepted
31-20 government auditing principles. Any audit of any funds by
31-21 the state or federal governments may be accepted as
31-22 satisfying the requirements of this charter. Copies of
31-23 annual audit reports shall be available at printing costs to
31-24 the public.
31-25 SECTION 6.31.
31-26 Contracting procedures.
31-27 No contract with the city shall be binding on the city
31-28 unless:
31-29 (1) It is in writing;
31-30 (2) It is drawn by or submitted and reviewed by the city
31-31 attorney and, as a matter of course, is signed by the
31-32 city attorney to indicate such drafting or review; and
31-33 (3) It is made or authorized by the city council and
31-34 such approval is entered in the city council journal of
31-35 proceedings pursuant to Section 2.20 of this charter.
31-36 SECTION 6.32.
31-37 Centralized purchasing.
31-38 The city council shall by ordinance prescribe procedures for
31-39 a system of centralized purchasing for the city.
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32- 1 SECTION 6.33.
32- 2 Sale and lease of city property.
32- 3 (a) The city council may sell and convey or lease any real
32- 4 or personal property owned or held by the city for
32- 5 governmental or other purposes as now or hereafter provided
32- 6 by law.
32- 7 (b) The city council may quitclaim any rights it may have in
32- 8 property not needed for public purposes upon report by the
32- 9 mayor and adoption of a resolution, both finding that the
32-10 property is not needed for public or other purposes and that
32-11 the interest of the city has no readily ascertainable
32-12 monetary value.
32-13 (c) Whenever in opening, extending, or widening any street,
32-14 avenue, alley, or public place of the city, a small parcel
32-15 or tract of land is cut off or separated by such work from a
32-16 larger tract or boundary of land owned by the city, the city
32-17 council may authorize the mayor to sell and convey said
32-18 cut-off or separated parcel or tract of land to an abutting
32-19 or adjoining property owner or owners where such sale and
32-20 conveyance facilitates the enjoyment of the highest and best
32-21 use of the abutting owner's property. Included in the sales
32-22 contract shall be a provision for the rights of way of said
32-23 street, avenue, alley, or public place. Each abutting
32-24 property owner shall be notified of the availability of the
32-25 property and given the opportunity to purchase said property
32-26 under such terms and conditions as set out by ordinance.
32-27 All deeds and conveyances heretofore and hereafter so
32-28 executed and delivered shall convey all title and interest
32-29 the city has in such property, notwithstanding the fact that
32-30 no public sale after advertisement was or is hereafter made.
ARTICLE VII
32-31 GENERAL PROVISIONS
32-32 SECTION 7.10.
32-33 Bonds for officials.
32-34 The officers and employees of this city, both elective and
32-35 appointive, shall execute such surety or fidelity bonds in
32-36 such amounts and upon such terms and conditions as the city
32-37 council shall from time to time require by ordinance or as
32-38 may be provided by law.
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33- 1 SECTION 7.11.
33- 2 Existing ordinances, resolutions,
33- 3 rules, and regulations.
33- 4 Existing ordinances, resolutions, rules, and regulations of
33- 5 this city not in conflict with this charter shall continue
33- 6 in force, unless repealed or amended, for two years from the
33- 7 effective date of this charter. During such two-year
33- 8 period, the city council shall review all such provisions
33- 9 and shall readopt, repeal or amend each, so that a
33-10 codification as provided by subsection (b) of Section 2.25
33-11 of this charter is accomplished.
33-12 SECTION 7.12.
33-13 Existing personnel and officers.
33-14 Except as specifically provided otherwise by this charter,
33-15 all personnel and officers of the city and their rights,
33-16 privileges, and powers shall continue beyond the time this
33-17 charter takes effect for a period of 100 days before or
33-18 during which the existing city council shall pass a
33-19 transition ordinance detailing the changes in personnel and
33-20 appointive officers required or desired and arranging such
33-21 titles, rights, privileges, and powers as may be required or
33-22 desired to allow a reasonable transition.
33-23 SECTION 7.13.
33-24 Pending matters.
33-25 Except as specifically provided otherwise by this charter,
33-26 all rights, claims, actions, orders, contracts, and legal or
33-27 administrative proceedings shall continue and any such
33-28 ongoing work or cases shall be completed by such city
33-29 agencies, personnel, or offices as may be provided by the
33-30 city council.
33-31 SECTION 7.14.
33-32 Construction.
33-33 (a) Section captions in this charter are informative only
33-34 and shall not be considered as a part thereof.
33-35 (b) The word "shall" is mandatory and the word "may" is
33-36 permissive.
33-37 (c) The singular shall include the plural, the masculine
33-38 shall include the feminine, and vice versa.
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34- 1 SECTION 7.15.
34- 2 Severability.
34- 3 If any article, section, subsection, paragraph, sentence, or
34- 4 part thereof of this charter shall be held to be invalid or
34- 5 unconstitutional, such invalidity or unconstitutionality
34- 6 shall not affect or impair other parts of this charter
34- 7 unless it clearly appears that such other parts are wholly
34- 8 and necessarily dependent upon the part held to be invalid
34- 9 or unconstitutional, it being the legislative intent in
34-10 enacting this charter that each article, section,
34-11 subsection, paragraph, sentence, or part thereof be enacted
34-12 separately and independent of each other.
34-13 SECTION 7.16.
34-14 Specific repealer.
34-15 An Act incorporating the City of Cobbtown in the County of
34-16 Tattnall, approved August 19, 1919 (Ga. L. 1919, p. 897), as
34-17 amended by an Act approved August 16, 1920 (Ga. L. 1920, p.
34-18 864); an Act approved July 23, 1931 (Ga. L. 1931, p. 721);
34-19 an Act approved March 25, 1958 (Ga. L. 1958, p. 3175); an
34-20 Act approved April 10, 1971 (Ga. 1971, p. 3912); and an Act
34-21 approved April 17, 1975 (Ga. L. 1975, p. 3566), is repealed
34-22 in its entirety.
34-23 SECTION 7.17.
34-24 Effective date.
34-25 This Act shall become effective upon its approval by the
34-26 Governor or upon its becoming law without such approval.
34-27 SECTION 7.18.
34-28 General repealer.
34-29 All laws and parts of laws in conflict with this Act are
34-30 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