SB 733 - Fort Oglethorpe - new charter
Georgia Senate - 1995/1996 Sessions
SB 733 - Fort Oglethorpe - new charter
1. Farrow 54th
Senate Comm: SLGO / House Comm: LLeg /
Senate Vote: Yeas 48 Nays 0
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Senate Action House
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2/14/96 Read 1st time 2/27/96
2/26/96 Favorably Reported 3/12/96
Committee Amend/Sub Am
Read 2nd Time 2/28/96
Read 3rd Time 3/12/96
2/26/96 Passed/Adopted 3/12/96
Comm/Floor Amend/Sub CA
3/12/96 Amend/Sub Agreed To
3/27/96 Sent To Governor
4/1/96 Signed by Governor
728 Act/Veto Number
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Code Sections amended:
SB 733 96 SB733/AP
SENATE BILL 733
By: Senators Farrow of the 54th and Black of the 53rd
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Fort Oglethorpe; to
1- 2 provide for incorporation, boundaries, and powers of the
1- 3 city; to provide for a governing authority of such city and
1- 4 the powers, duties, authority, election, terms, vacancies,
1- 5 compensation, expenses, qualifications, prohibitions,
1- 6 conflicts of interest, and suspension and removal from
1- 7 office relative to members of such governing authority; to
1- 8 provide for inquiries and investigations; to provide for
1- 9 oaths, organization, meetings, quorum, voting, rules, and
1-10 procedures; to provide for ordinances and codes; to provide
1-11 for a mayor and mayor pro tem. and certain duties, powers,
1-12 and other matters relative thereto; to provide for a city
1-13 manager and acting city manager and powers and duties
1-14 thereof; to provide for administrative affairs and
1-15 responsibilities; to provide for boards, commissions, and
1-16 authorities; to provide for a city attorney, a city clerk,
1-17 and other personnel and matters relating thereto; to provide
1-18 for rules and regulations; to provide for a municipal court
1-19 and the judge or judges thereof and other matters relative
1-20 to those judges; to provide for the court's jurisdiction,
1-21 powers, practices, and procedures; to provide for the right
1-22 of certiorari; to provide for elections; to provide for
1-23 taxation, licenses, and fees; to provide for franchises,
1-24 service charges, and assessments; to provide for bonded and
1-25 other indebtedness; to provide for auditing, accounting,
1-26 budgeting, and appropriations; to provide for city contracts
1-27 and purchasing; to provide for the conveyance of property;
1-28 to provide for bonds for officials; to provide for prior
1-29 ordinances and rules, pending matters, and existing
1-30 personnel; to provide for penalties; to provide for certain
1-31 property; to provide for definitions and construction; to
1-32 provide for other matters relative to the foregoing; to
1-33 provide for severability; to repeal a specific Act; to
1-34 provide for a referendum, effective dates, and automatic
1-35 repeal; to repeal conflicting laws; and for other purposes.
1-36 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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ARTICLE I
2- 1 INCORPORATION AND POWERS
2- 2 SECTION 1.10.
Name.
2- 3 This city and the inhabitants thereof are incorporated by
2- 4 the enactment of this charter and are constituted and
2- 5 declared a body politic and corporate under the name and
2- 6 style of the City of Fort Oglethorpe, Georgia, and by that
2- 7 name shall have perpetual succession.
2- 8 SECTION 1.11.
2- 9 Corporate boundaries.
2-10 (a) The boundaries of this city shall be those existing on
2-11 the effective date of the adoption of this charter with such
2-12 alterations as may be made from time to time in the manner
2-13 provided by law. The boundaries of this city at all times
2-14 shall be shown on a map, a written description, or any
2-15 combination thereof, to be retained permanently in the
2-16 office of the city manager and to be designated, as the case
2-17 may be: "Official Map (or Description) of the corporate
2-18 limits of the City of Fort Ogleghorpe, Georgia."
2-19 Photographic, typed, or other copies of such map or
2-20 description certified by the city clerk shall be admitted as
2-21 evidence in all courts and shall have the same force and
2-22 effect as with the original map or description.
2-23 (b) The city council may provide for the redrawing of any
2-24 such map by ordinance to reflect lawful changes in the
2-25 corporate boundaries. A redrawn map shall supersede for all
2-26 purposes the entire map or maps which it is designated to
2-27 replace.
2-28 SECTION 1.12.
2-29 Powers and construction.
2-30 (a) This city shall have all powers possible for a city to
2-31 have under the present or future Constitution and laws of
2-32 this state as fully and completely as though they were
2-33 specifically enumerated in this charter. This city shall
2-34 have all the powers of self-government not otherwise
2-35 prohibited by this charter or by general law.
2-36 (b) The powers of this city shall be construed liberally in
2-37 favor of the city. The specific mention or failure to
2-38 mention particular powers shall not be construed as limiting
2-39 in any way the powers of this city.
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3- 1 SECTION 1.13.
3- 2 Municipal powers.
3- 3 The city shall have the following powers:
3- 4 (1) Animal regulations. To regulate and license or to
3- 5 prohibit the keeping or running at large of animals and
3- 6 fowl and to provide for the impoundment of same if in
3- 7 violation of any ordinance or lawful order; to provide
3- 8 for the disposition by sale, gift, or humane destruction
3- 9 of animals and fowl when not redeemed as provided by
3-10 ordinance; and to provide punishment for violation of
3-11 ordinances enacted under this paragraph;
3-12 (2) Appropriations and expenditures. To make
3-13 appropriations for the support of the government of the
3-14 city; to authorize the expenditure of money for any
3-15 purposes authorized by this charter and for any purpose
3-16 for which a municipality is authorized by the laws of
3-17 the State of Georgia; and to provide for the payment of
3-18 expenses of the city;
3-19 (3) Building regulation. To regulate and to license the
3-20 erection and construction of buildings and all other
3-21 structures; to adopt building, housing, plumbing,
3-22 electrical, gas, and heating and air-conditioning codes;
3-23 and to regulate all housing and building trades;
3-24 (4) Business regulation and taxation. To levy and to
3-25 provide for the collection of regulatory fees and taxes
3-26 on privileges, occupations, trades, and professions as
3-27 authorized by Title 48 of the O.C.G.A. or other such
3-28 applicable laws as are or may hereafter be enacted; to
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3-30 and method of payment of such regulatory fees and taxes;
3-31 and to revoke such permits after due process for failure
3-32 to pay any city taxes or fees;
3-33 (5) Condemnation. To condemn property, inside or outside
3-34 the corporate limits of the city, for present or future
3-35 use and for any corporate purpose deemed necessary by
3-36 the governing authority, utilizing procedures enumerated
3-37 in Title 22 of the O.C.G.A. or such other applicable
3-38 laws as are or may hereafter be enacted;
3-39 (6) Contracts. To enter into contracts and agreements
3-40 with other governmental entities and with private
3-41 persons, firms, and corporations;
3-42 (7) Emergencies. To establish procedures for determining
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SB733/AP
4- 1 and proclaiming that an emergency situation exists
4- 2 within or outside the city and to make and carry out all
4- 3 reasonable provisions deemed necessary to deal with or
4- 4 meet such an emergency for the protection, safety,
4- 5 health, or well-being of the citizens of the city;
4- 6 (8) Environmental protection. To protect and preserve
4- 7 the natural resources, environment, and vital areas of
4- 8 the state through the preservation and improvement of
4- 9 air quality, the restoration and maintenance of water
4-10 resources, the control of erosion and sedimentation, the
4-11 management of solid and hazardous waste, and other
4-12 necessary actions for the protection of the environment;
4-13 (9) Fire regulations. To fix and establish fire limits
4-14 and from time to time to extend, enlarge, or restrict
4-15 the same; to prescribe fire safety regulations not
4-16 inconsistent with general law, relating to both fire
4-17 prevention and detection and to fire fighting; and to
4-18 prescribe penalties and punishment for violations
4-19 thereof;
4-20 (10) Garbage fees. To levy, fix, assess, and collect a
4-21 garbage, refuse, and trash collection and disposal and
4-22 other sanitary service charge, tax, or fee for such
4-23 services as may be necessary in the operation of the
4-24 city from all individuals, firms, and corporations
4-25 residing in or doing business therein benefiting from
4-26 such services; to enforce the payment of such charges,
4-27 taxes, or fees; and to provide for the manner and method
4-28 of collecting such service charges;
4-29 (11) General health, safety, and welfare. To define,
4-30 regulate, and prohibit any act, practice, conduct, or
4-31 use of property which is detrimental to health,
4-32 sanitation, cleanliness, welfare, and safety of the
4-33 inhabitants of the city and to provide for the
4-34 enforcement of such standards;
4-35 (12) Gifts. To accept or refuse gifts, donations,
4-36 bequests, or grants from any source for any purpose
4-37 related to powers and duties of the city and the general
4-38 welfare of its citizens, on such terms and conditions as
4-39 the donor or grantor may impose;
4-40 (13) Health and sanitation. To prescribe standards of
4-41 health and sanitation and to provide for the enforcement
4-42 of such standards;
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5- 1 (14) Jail sentences. To provide that persons given jail
5- 2 sentences in the city's court may work out such
5- 3 sentences in any public works or on the streets, roads,
5- 4 drains, and other public property in the city; to
5- 5 provide for commitment of such persons to any jail; or
5- 6 to provide for commitment of such persons to any county
5- 7 work camp or county jail by agreement with the
5- 8 appropriate county officials;
5- 9 (15) Motor vehicles. To regulate the operation of motor
5-10 vehicles and exercise control over all traffic,
5-11 including parking upon or across the streets, roads,
5-12 alleys, and walkways of the city;
5-13 (16) Municipal agencies and delegation of power. To
5-14 create, alter, or abolish departments, boards, offices,
5-15 commissions, and agencies of the city and to confer upon
5-16 such agencies the necessary and appropriate authority
5-17 for carrying out all the powers conferred upon or
5-18 delegated to the same;
5-19 (17) Municipal debts. To appropriate and borrow money
5-20 for the payment of debts of the city and to issue bonds
5-21 for the purpose of raising revenue to carry out any
5-22 project, program, or venture authorized by this charter
5-23 or the laws of the State of Georgia;
5-24 (18) Municipal property ownership. To acquire, dispose
5-25 of, lease, and hold in trust or otherwise any real,
5-26 personal, or mixed property, in fee simple or lesser
5-27 interest, inside or outside the corporate limits of the
5-28 city;
5-29 (19) Municipal property protection. To provide for the
5-30 preservation and protection of property and equipment of
5-31 the city and the administration and use of same by the
5-32 public; and to prescribe penalties and punishment for
5-33 violations thereof;
5-34 (20) Municipal utilities. To acquire, lease, construct,
5-35 operate, maintain, sell, and dispose of public utilities
5-36 including but not limited to a system of waterworks,
5-37 sewers and drains, sewage disposal, gas works, electric
5-38 light plants, cable television and other
5-39 telecommunications, transportation facilities, public
5-40 airports, and any other public utility; to fix the
5-41 taxes, charges, rates, fares, fees, assessments,
5-42 regulations, and penalties; and to provide for the
5-43 withdrawal of service for refusal or failure to pay the
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6- 1 same;
6- 2 (21) Nuisance. To define a nuisance and provide for its
6- 3 abatement whether on public or private property;
6- 4 (22) Penalties. To provide penalties for violation of
6- 5 any ordinances adopted pursuant to the authority of this
6- 6 charter and the laws of the State of Georgia;
6- 7 (23) Planning and zoning. To provide comprehensive city
6- 8 planning for development by zoning; and to provide
6- 9 subdivision regulation and the like as the city council
6-10 deems necessary and reasonable to ensure a safe,
6-11 healthy, and esthetically pleasing community;
6-12 (24) Police and fire protection. To exercise the power
6-13 of arrest through duly appointed police officers and to
6-14 establish, operate, or contract for a police department
6-15 and a fire-fighting agency;
6-16 (25) Public hazards; removal. To provide for the
6-17 destruction and removal of any building or other
6-18 structure which is or may become dangerous or
6-19 detrimental to the public;
6-20 (26) Public improvements. To provide for the
6-21 acquisition, construction, building, operation, and
6-22 maintenance of public ways, parks and playgrounds,
6-23 recreational facilities, cemeteries, markets and market
6-24 houses, public buildings, libraries, public housing,
6-25 airports, hospitals, terminals, docks, parking
6-26 facilities, or charitable, cultural, educational,
6-27 recreational, conservation, sport, curative, corrective,
6-28 detentional, penal, and medical institutions, agencies,
6-29 and facilities; to provide any other public
6-30 improvements, inside or outside the corporate limits of
6-31 the city; to regulate the use of public improvements;
6-32 and for such purposes, property may be acquired by
6-33 condemnation under Title 22 of the O.C.G.A. or such
6-34 other applicable laws as are or may hereafter be
6-35 enacted;
6-36 (27) Public peace. To provide for the prevention and
6-37 punishment of drunkenness, riots, and public
6-38 disturbances;
6-39 (28) Public transportation. To organize and operate such
6-40 public transportation systems as are deemed beneficial;
6-41 (29) Public utilities and services. To grant franchises
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7- 1 or make contracts for or impose taxes on public
7- 2 utilities and public service companies; and to prescribe
7- 3 the rates, fares, regulations, and standards and
7- 4 conditions of service applicable to the service to be
7- 5 provided by the franchise grantee or contractor, insofar
7- 6 as not in conflict with valid regulations of the Public
7- 7 Service Commission;
7- 8 (30) Regulation of roadside areas. To prohibit or
7- 9 regulate and control the erection, removal, and
7-10 maintenance of signs, billboards, trees, shrubs, fences,
7-11 buildings, and any and all other structures or
7-12 obstructions upon or adjacent to the rights of way of
7-13 streets and roads or within view thereof, within or
7-14 abutting the corporate limits of the city; and to
7-15 prescribe penalties and punishment for violation of such
7-16 ordinances;
7-17 (31) Retirement. To provide and maintain a retirement
7-18 plan for the employees of the city, with the exception
7-19 of the mayor and council, any member of a board,
7-20 commission, or authority, the city attorney, the city
7-21 auditor, or municipal court judges, all of whom are not
7-22 permitted to have a retirement plan;
7-23 (32) Roadways. To lay out, open, extend, widen, narrow,
7-24 establish or change the grade of, abandon or close,
7-25 construct, pave, curb, gutter, adorn with shade trees,
7-26 or otherwise improve, maintain, repair, clean, prevent
7-27 erosion of, and light the roads, alleys, and walkways
7-28 within the corporate limits of the city; and to grant
7-29 franchises and rights of way throughout the streets and
7-30 roads and over the bridges and viaducts for the use of
7-31 public utilities; and to require real estate owners to
7-32 repair and maintain in a safe condition the sidewalks
7-33 adjoining their lots or lands and to impose penalties
7-34 for failure to do so;
7-35 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-36 necessary to assure the acquiring, constructing,
7-37 equipping, operating, maintaining, and extending of a
7-38 sewage disposal plant and sewerage system and to levy on
7-39 those to whom sewers and sewerage systems are made
7-40 available a sewer service fee, charge, or sewer tax for
7-41 the availability or use of the sewers; to provide for
7-42 the manner and method of collecting such service charges
7-43 and for enforcing payment of the same; and to charge,
7-44 impose, and collect a sewer connection fee or fees to
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8- 1 those connected with the system;
8- 2 (34) Solid waste disposal. To provide for the collection
8- 3 and disposal of garbage, rubbish, and refuse; to
8- 4 regulate the collection and disposal of garbage,
8- 5 rubbish, and refuse by others; to provide for the
8- 6 separate collection of glass, tin, aluminum, cardboard,
8- 7 paper, and other recyclable materials; and to provide
8- 8 for the sale of such items;
8- 9 (35) Special areas of public regulation. To regulate or
8-10 prohibit junk dealers, pawn shops, the manufacture,
8-11 sale, or transportation of intoxicating liquors, and the
8-12 use and sale of firearms; to regulate the
8-13 transportation, storage, and use of combustible,
8-14 explosive, and flammable materials, the use of lighting
8-15 and heating equipment, and any other business or
8-16 situation which may be dangerous to persons or property;
8-17 to regulate and control the conduct of peddlers and
8-18 itinerant traders, theatrical performances, exhibitions,
8-19 and shows of any kind, by taxation or otherwise; and to
8-20 license, tax, regulate, or prohibit professional
8-21 fortunetelling, palmistry, adult bookstores, and massage
8-22 parlors;
8-23 (36) Special assessments. To levy and provide for the
8-24 collection of special assessments to cover the costs for
8-25 any public improvements;
8-26 (37) Taxes: ad valorem. To levy and provide for
8-27 assessment, valuation, revaluation, and collection of
8-28 taxes on all property subject to taxation;
8-29 (38) Taxes: other. To levy and collect such other taxes
8-30 as may be allowed now or in the future by law;
8-31 (39) Taxicabs. To regulate and license vehicles operated
8-32 for hire in the city; to limit the number of such
8-33 vehicles; to require the operators thereof to be
8-34 licensed; to require public liability insurance on such
8-35 vehicles in the amounts to be prescribed by ordinance;
8-36 and to regulate the parking of such vehicles;
8-37 (40) Urban redevelopment. To organize and operate an
8-38 urban redevelopment program; and
8-39 (41) Other powers. To exercise and enjoy all other
8-40 powers, functions, rights, privileges, and immunities
8-41 necessary or desirable to promote or protect the safety,
8-42 health, peace, security, good order, comfort,
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9- 1 convenience, or general welfare of the city and its
9- 2 inhabitants; and to exercise all implied powers
9- 3 necessary or desirable to carry into execution all
9- 4 powers granted in this charter as fully and completely
9- 5 as if such powers were fully stated herein; and to
9- 6 exercise all powers now or in the future authorized to
9- 7 be exercised by other municipal governments under other
9- 8 laws of the State of Georgia. No listing of particular
9- 9 powers in this charter shall be held to be exclusive of
9-10 others, nor restrictive of general words and phrases
9-11 granting powers, but shall be held to be in addition to
9-12 such powers unless expressly prohibited to
9-13 municipalities under the Constitution or applicable laws
9-14 of the State of Georgia.
9-15 SECTION 1.14.
9-16 Exercise of powers.
9-17 All powers, functions, rights, privileges, and immunities of
9-18 the city, its officers, agencies, or employees shall be
9-19 carried into execution as provided by this charter. If this
9-20 charter makes no provision, such shall be carried into
9-21 execution as provided by ordinance or as provided by
9-22 pertinent laws of the State of Georgia.
ARTICLE II
9-23 GOVERNMENT STRUCTURE
9-24 SECTION 2.10.
9-25 City council; creation; number; election.
9-26 The legislative authority of the government of this city,
9-27 except as otherwise specifically provided in this charter,
9-28 shall be vested in a city council to be composed of a mayor
9-29 and five councilmembers. The city council established shall
9-30 in all respects be a successor to and continuation of the
9-31 governing authority under prior law. The mayor and
9-32 councilmembers shall be elected in the manner provided by
9-33 general law and this charter.
9-34 SECTION 2.11.
9-35 City council; terms
9-36 and qualifications for office.
9-37 The members of the city council shall serve for terms of
9-38 four years and until their respective successors are elected
9-39 and qualified. No person shall be eligible to serve as
9-40 councilmember unless that person shall have been a resident
9-41 of the city for 12 months prior to the date of election of
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10- 1 mayor or members of the council. Each councilmember shall
10- 2 continue to reside in the city during that member's period
10- 3 of service and to be registered and qualified to vote in
10- 4 municipal elections of this city.
10- 5 SECTION 2.12.
10- 6 Vacancy; filling of vacancies.
10- 7 (a) Vacancies--The office of mayor or councilmember shall
10- 8 become vacant upon the occurrence of any event specified by
10- 9 the Constitution of the State of Georgia, Title 45 of the
10-10 O.C.G.A., or such other applicable laws as are or may
10-11 hereafter be enacted.
10-12 (b) Filling of vacancies--A vacancy in the office of mayor
10-13 or councilmember shall be filled for the remainder of the
10-14 unexpired term, if any, by appointment if less than six
10-15 months remain in the unexpired term, otherwise by an
10-16 election, as provided for in Section 5.14 of this charter
10-17 and in accordance with Titles 21 and 45 of the O.C.G.A. or
10-18 other such laws as are or may hereafter be enacted.
10-19 SECTION 2.13.
10-20 Compensation and expenses.
10-21 The mayor and councilmembers shall receive compensation and
10-22 expenses for their services as provided by state law and by
10-23 ordinance.
10-24 SECTION 2.14.
10-25 Conflicts of interest; holding other offices.
10-26 (a) Elected and appointed officers of this city are trustees
10-27 and servants of the residents of the city and shall act in a
10-28 fiduciary capacity for the benefit of such residents.
10-29 (b) Conflict of interest--No elected official, appointed
10-30 officer, or employee of the city or any agency or political
10-31 entity to which this charter applies shall knowingly:
10-32 (1) Engage in any business or transaction or have a
10-33 financial or other personal interest, direct or
10-34 indirect, which is incompatible with the proper
10-35 discharge of that person's official duties or which
10-36 would tend to impair the independence of the official's
10-37 judgment or action in the performance of those official
10-38 duties;
10-39 (2) Engage in or accept private employment or render
10-40 services for private interests when such employment or
10-41 service is incompatible with the proper discharge of
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11- 1 that person's official duties or would tend to impair
11- 2 the independence of the official's judgment or action in
11- 3 the performance of those official duties;
11- 4 (3) Disclose confidential information, including
11- 5 information obtained at meetings which are closed
11- 6 pursuant to Chapter 14 of Title 50 of the O.C.G.A.,
11- 7 concerning the property, government, or affairs of the
11- 8 governmental body by which the official is engaged
11- 9 without proper legal authorization; or use such
11-10 information to advance the financial or other private
11-11 interests of the official or others;
11-12 (4) Accept any gift in excess of $100.00 per annum,
11-13 whether in the form of service, loan, thing, or promise,
11-14 from any person, firm, or corporation which to the
11-15 official's knowledge is interested, directly or
11-16 indirectly, in any manner whatsoever, in business
11-17 dealings with the governmental body by which the
11-18 official is engaged; provided, however, that an elected
11-19 official who is a candidate for public office may accept
11-20 campaign contributions and services in connection with
11-21 any such campaign;
11-22 (5) Represent other private interests in any action or
11-23 proceeding against this city or any portion of its
11-24 government; or
11-25 (6) Vote or otherwise participate in the negotiation or
11-26 in the making of any contract with any business or
11-27 entity in which the official has a financial interest.
11-28 (c) Disclosure--Any elected official, appointed officer, or
11-29 employee who shall have any financial interest, directly or
11-30 indirectly, in any contract or matter pending before or
11-31 within any department of the city shall disclose such
11-32 interest to the city council. The mayor or any
11-33 councilmember who has a financial interest in any matter
11-34 pending before the city council shall disclose such interest
11-35 and such disclosure shall be entered on the records of the
11-36 city council, and that official shall disqualify himself or
11-37 herself from participating in any decision or vote relating
11-38 thereto. Any elected official, appointed officer, or
11-39 employee of any agency or political entity to which this
11-40 charter applies who shall have any financial interest,
11-41 directly or indirectly, in any contract or matter pending
11-42 before or within such entity shall disclose such interest to
11-43 the governing body of such agency or entity.
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12- 1 (d) Use of public property--No elected official, appointed
12- 2 officer, or employee of the city or any agency or entity to
12- 3 which this charter applies shall use property owned by such
12- 4 governmental entity for personal benefit, convenience, or
12- 5 profit except in accordance with policies promulgated by the
12- 6 city council or the governing body of such agency or entity.
12- 7 (e) Contracts voidable and rescindable--Any violation of
12- 8 this section which occurs with the knowledge, express or
12- 9 implied, of a party to a contract or sale shall render said
12-10 contract or sale voidable at the option of the city council.
12-11 (f) Ineligibility of elected official--Except where
12-12 authorized by law, neither the mayor nor any councilmember
12-13 shall hold any other elective or compensated appointive
12-14 office in the city or otherwise be employed by said
12-15 government or any agency thereof during the term for which
12-16 that official was elected. No former mayor and no former
12-17 councilmember shall hold any compensated appointive office
12-18 in the city until one year after the expiration of the term
12-19 for which that official was elected.
12-20 (g) Political activities of certain officers and
12-21 employees--No appointive officer of the city shall continue
12-22 in such employment upon qualifying as a candidate for
12-23 nomination or election to any public office. No employee of
12-24 the city shall continue in such employment upon election to
12-25 any public office in this city or any other public office
12-26 which is inconsistent, incompatible, or in conflict with the
12-27 duties of the city employee. Such determination shall be
12-28 made by the mayor and council either immediately upon
12-29 election or at any time such conflict may arise.
12-30 (h) Penalties for violation--
12-31 (1) Any city officer or employee who knowingly conceals
12-32 such financial interest or knowingly violates any of the
12-33 requirements of this section shall be guilty of
12-34 malfeasance in office or position and shall be deemed to
12-35 have forfeited that person's office or position.
12-36 (2) Any officer or employee of the city who shall
12-37 forfeit an office or position as described in paragraph
12-38 (1) of this subsection shall be ineligible for
12-39 appointment or election to or employment in a position
12-40 in the city government for a period of three years
12-41 thereafter.
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13- 1 SECTION 2.15.
13- 2 Inquiries and investigations.
13- 3 Following the adoption of an authorizing resolution, the
13- 4 city council may make inquiries and investigations into the
13- 5 affairs of the city and the conduct of any department,
13- 6 office, or agency thereof and for this purpose may subpoena
13- 7 witnesses, administer oaths, take testimony, and require the
13- 8 production of evidence. Any person who fails or refuses to
13- 9 obey a lawful order issued in the exercise of these powers
13-10 by the city council shall be punished as provided by
13-11 ordinance.
13-12 SECTION 2.16.
13-13 General power and authority of the city council.
13-14 Except as otherwise provided by law or this charter, the
13-15 city council shall be vested with all the powers of
13-16 government of this city.
13-17 SECTION 2.17.
13-18 Eminent domain.
13-19 The city council is empowered to acquire, construct,
13-20 operate, and maintain public ways, parks, public grounds,
13-21 cemeteries, markets, market houses, public buildings,
13-22 libraries, sewers, drains, sewage treatment, waterworks,
13-23 electrical systems, gas systems, airports, hospitals, and
13-24 charitable, educational, recreational, sport, curative,
13-25 corrective, detentional, penal, and medical institutions,
13-26 agencies, and facilities, and any other public improvements
13-27 inside or outside the city and to regulate the use thereof
13-28 and, for such purposes, property may be condemned under
13-29 procedures established under general law applicable now or
13-30 as provided in the future.
13-31 SECTION 2.18.
13-32 Organizational meetings.
13-33 (a) All newly elected officers shall take office on the
13-34 first day of the following January or as soon thereafter as
13-35 possible. The following oath shall be administered before
13-36 some officer duly authorized by law to administer oaths:
13-37 "I do solemnly (swear) (affirm) that I will faithfully
13-38 perform the duties of (mayor) (councilmember) of this city
13-39 and that I will support and defend the charter thereof as
13-40 well as the Constitution and laws of the State of Georgia
13-41 and of the United States of America, so help me God."
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14- 1 (b) The city council shall hold an organizational meeting on
14- 2 the second Monday in January. The meeting shall be called
14- 3 to order by the mayor.
14- 4 SECTION 2.19.
14- 5 Regular and special meetings.
14- 6 (a) The city council shall hold regular meetings at such
14- 7 times and places as shall be prescribed by ordinance.
14- 8 (b) Special meetings of the city council may be held on call
14- 9 of the mayor or three members of the city council. Notice
14-10 of such special meetings shall be served on all other
14-11 members personally, or by telephone personally, at least 48
14-12 hours in advance of the meeting. Such notice to
14-13 councilmembers shall not be required if the mayor and all
14-14 councilmembers are present when the special meeting is
14-15 called. Such notice of any special meeting may be waived by
14-16 a councilmember in writing before or after such a meeting
14-17 and attendance at the meeting shall also constitute a waiver
14-18 of notice on any business transacted in such councilmember's
14-19 presence. Only the business stated in the call may be
14-20 transacted at the special meeting.
14-21 (c) All meetings of the city council shall be public to the
14-22 extent required by law and notice to the public of special
14-23 meetings shall be made fully as is reasonably possible as
14-24 provided by Code Section 50-14-1 of the O.C.G.A. or other
14-25 such applicable laws as are or may hereafter be enacted.
14-26 SECTION 2.20.
14-27 Rules of procedure.
14-28 (a) The city council shall adopt its rules of procedure and
14-29 order of business consistent with the provisions of this
14-30 charter and shall provide for keeping of official minutes,
14-31 which shall be public records.
14-32 (b) All committees and officers of the city council shall be
14-33 appointed by the mayor and council and shall serve at the
14-34 pleasure of the mayor and council. The mayor and council
14-35 shall have the power to appoint new members to any committee
14-36 at any time.
14-37 SECTION 2.21.
14-38 Quorum; voting.
14-39 The mayor or mayor pro tem. and three councilmembers shall
14-40 constitute a quorum and shall be authorized to transact
14-41 business of the city council. Voting on the adoption of
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15- 1 ordinances shall be by roll call vote and the vote shall be
15- 2 recorded in the official minutes. Except as otherwise
15- 3 provided in this charter, the affirmative vote of three
15- 4 councilmembers shall be required for the adoption of any
15- 5 ordinance, resolution, or motion. An abstention shall be
15- 6 counted as not voting. If the mayor and mayor pro tem. are
15- 7 absent, a presiding officer shall be elected from their
15- 8 group.
15- 9 SECTION 2.22.
15-10 Ordinance form; procedures.
15-11 (a) Every proposed ordinance should be introduced in writing
15-12 and in the form required for final adoption. No ordinance
15-13 shall contain a subject which is not expressed in its title.
15-14 The enacting clause shall be "It is hereby ordained by the
15-15 governing authority of the City of Fort Oglethorpe" and
15-16 every ordinance shall so begin.
15-17 (b) An ordinance may be introduced by any councilmember and
15-18 be read at a regular or special meeting of the city council.
15-19 Ordinances shall be considered and adopted or rejected by
15-20 the city council in accordance with the rules which it shall
15-21 establish; provided, however, an ordinance shall not be
15-22 adopted the same day it is introduced, except for emergency
15-23 ordinances provided for in Section 2.24. Upon introduction
15-24 of any ordinance, the clerk shall as soon as possible
15-25 distribute a copy to the mayor and each councilmember and
15-26 shall file a reasonable number of copies in the office of
15-27 the clerk and at such other public places as the city
15-28 council may designate.
15-29 SECTION 2.23.
15-30 Action requiring an ordinance.
15-31 Acts of the city council which have the force and effect of
15-32 law shall be enacted by ordinance.
15-33 SECTION 2.24.
Emergencies.
15-34 (a) To meet a public emergency affecting life, health,
15-35 property, or public peace, the city council may convene on
15-36 call of the mayor or three councilmembers and promptly adopt
15-37 an emergency ordinance, but such ordinance may not levy
15-38 taxes; grant, renew, or extend a franchise; regulate the
15-39 rate charged by any public utility for its services; or
15-40 authorize the borrowing of money except for loans to be
15-41 repaid within 30 days. An emergency ordinance shall be
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16- 1 introduced in the form prescribed for ordinances generally,
16- 2 except that it shall be plainly designated as an emergency
16- 3 ordinance and shall contain, after the enacting clause, a
16- 4 declaration stating that an emergency exists and describing
16- 5 the emergency in clear and specific terms. An emergency
16- 6 ordinance may be adopted, with or without amendment, or
16- 7 rejected at the meeting at which it is introduced, but the
16- 8 affirmative vote of at least three councilmembers shall be
16- 9 required for adoption. It shall become effective upon
16-10 adoption or at such later time as it may specify. Every
16-11 emergency ordinance shall automatically stand repealed 30
16-12 days following the date upon which it was adopted, but this
16-13 shall not prevent reenactment of the ordinance in the manner
16-14 specified in this section if the emergency continues still
16-15 exists. An emergency ordinance may also be repealed by
16-16 adoption of a repealing ordinance in the same manner
16-17 specified in this section for adoption of emergency
16-18 ordinances.
16-19 Such meetings shall be open to the public to the extent
16-20 required by law and notice to the public of emergency
16-21 meetings shall be made as fully as is reasonably possible in
16-22 accordance with Code Section 50-14-1 of the O.C.G.A. or such
16-23 other applicable laws as are or may hereafter be enacted.
16-24 SECTION 2.25.
16-25 Codes of technical regulations.
16-26 (a) The city council may adopt any standard code of
16-27 technical regulations by reference thereto in an adopting
16-28 ordinance. The procedure and requirements governing such
16-29 adopting ordinance shall be as prescribed for ordinances
16-30 generally except that: (1) the requirements of subsection
16-31 (b) of Section 2.22 for distribution and filing of copies of
16-32 the ordinance shall be construed to include copies of any
16-33 code of technical regulations, as well as the adopting
16-34 ordinance; and (2) a copy of each adopted code of technical
16-35 regulations, as well as the adopting ordinance, shall be
16-36 authenticated and recorded by the clerk pursuant to Section
16-37 2.26.
16-38 (b) Copies of any adopted code of technical regulations
16-39 shall be made available by the clerk for inspection by the
16-40 public.
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17- 1 SECTION 2.26.
17- 2 Signing; authenticating;
17- 3 recording; codification; printing.
17- 4 (a) The clerk shall authenticate by the clerk's signature
17- 5 and record in full in a properly indexed book kept for that
17- 6 purpose all ordinances adopted by the council.
17- 7 (b) The city council shall provide for the preparation of a
17- 8 general codification of all the ordinances of the city
17- 9 having the force and effect of law. The general
17-10 codification shall be adopted by the city council by
17-11 ordinance and shall be published promptly, together with all
17-12 amendments thereto and such codes of technical regulations
17-13 and other rules and regulations as the city council may
17-14 specify. This compilation shall be known and cited
17-15 officially as "The Code of the City of Fort Oglethorpe,
17-16 Georgia." Copies of the code shall be furnished to all
17-17 officers, departments, and agencies of the city and shall be
17-18 made available for purchase by the public at a reasonable
17-19 price as fixed by the city council.
17-20 (c) The city council shall cause each ordinance and each
17-21 amendment to this charter to be printed promptly following
17-22 its adoption, and the printed ordinances and charter
17-23 amendments shall be made available for purchase by the
17-24 public at reasonable prices to be fixed by the city council.
17-25 Following publication of the first code under this charter
17-26 and at all times thereafter, the ordinances and charter
17-27 amendments shall be printed in substantially the same style
17-28 as the code currently in effect and shall be suitable in
17-29 form for incorporation therein. The city council shall make
17-30 such further arrangements as deemed desirable with
17-31 reproduction and distribution of any current changes in or
17-32 additions to codes of technical regulations and other rules
17-33 and regulations included in the code.
17-34 SECTION 2.27.
17-35 City manager; appointment;
17-36 qualifications; compensation.
17-37 The city council shall appoint a city manager for an
17-38 indefinite term and shall fix the manager's compensation.
17-39 The manager shall be appointed solely on the basis of
17-40 executive and administrative qualifications.
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18- 1 SECTION 2.28.
18- 2 Removal of city manager.
18- 3 (a) The city manager is an at-will employee of the city and,
18- 4 as such, may be removed from office with or without cause.
18- 5 In such a case, however, his or her removal will be
18- 6 effectuated in accordance with the following procedures:
18- 7 (1) The city council shall adopt by affirmative vote of
18- 8 a majority of all its members a preliminary resolution
18- 9 which must state the reasons for removal, if any, and
18-10 may suspend the manager from duty for a period not to
18-11 exceed 45 days. A copy of the resolution shall be
18-12 delivered promptly to the manager;
18-13 (2) Within five days after a copy of the resolution is
18-14 delivered to the manager, the manager may file with the
18-15 city council a written request for a public hearing.
18-16 This hearing shall be held within 30 days after the
18-17 request is filed. The city manager may file with the
18-18 council a written reply not later than five days before
18-19 the hearing;
18-20 (3) If the manager has not requested a public hearing
18-21 within the time specified in paragraph (2) of this
18-22 subsection, the city council may adopt a final
18-23 resolution for removal, which may be made effective
18-24 immediately, by an affirmative vote of a majority of all
18-25 its members. If the manager has requested a public
18-26 hearing, the city council may adopt a final resolution
18-27 for removal, which may be made effective immediately, by
18-28 an affirmative vote of a majority of all its members at
18-29 any time after the public hearing.
18-30 By providing the city manager an opportunity for a hearing
18-31 prior to his or her removal, the city is in no way
18-32 qualifying or restricting the city council's authority or
18-33 discretion to take such actions. The city manager is an
18-34 at-will employee of the city.
18-35 (b) The manager shall continue to receive a salary until the
18-36 effective date of a final resolution of removal.
18-37 SECTION 2.29.
18-38 Acting city manager.
18-39 By letter filed with the city clerk, the manager shall
18-40 designate, subject to approval of the city council, a
18-41 qualified city administrative officer to exercise the powers
18-42 and perform the duties of manager during the manager's
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19- 1 temporary absence or physical or mental disability. During
19- 2 such absence or disability, the city council may revoke such
19- 3 designation at any time and appoint another officer of the
19- 4 city to serve until the manager shall return or the
19- 5 manager's disability shall cease.
19- 6 SECTION 2.30.
19- 7 Powers and duties of the city manager.
19- 8 The city manager shall be the chief executive and
19- 9 administrative officer of the city. The manager shall be
19-10 responsible to the city council for the administration of
19-11 all city affairs placed in the manager's charge by or under
19-12 this charter. As the chief executive and administrative
19-13 officer, the manager shall:
19-14 (1) Appoint and, when the manager deems it necessary for
19-15 the good of the city, suspend or remove all city
19-16 employees and administrative officers the manager
19-17 appoints, except as otherwise provided by law or
19-18 personnel ordinances adopted pursuant to this charter.
19-19 The manager may authorize any administrative officer who
19-20 is subject to the manager's direction and supervision to
19-21 exercise these powers with respect to subordinates in
19-22 that officer's department, office, or agency;
19-23 (2) Direct and supervise the administration of all
19-24 departments, offices, and agencies of the city, except
19-25 as otherwise provided by this charter or by law;
19-26 (3) Attend all city council meetings except for closed
19-27 meetings held for the purposes of deliberating on the
19-28 appointment, discipline, or removal of the city manager
19-29 and have the right to take part in discussion but not
19-30 vote;
19-31 (4) See that all laws, provisions of this charter, and
19-32 acts of the city council, subject to enforcement by the
19-33 manager or by officers subject to the manager's
19-34 direction and supervision, are faithfully executed;
19-35 (5) Prepare and submit the annual operating budget and
19-36 capital budget to the city council;
19-37 (6) Submit to the city council and make available to the
19-38 public a complete report on the finances and
19-39 administrative activities of the city as of the end of
19-40 each fiscal year;
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20- 1 (7) Make such other reports as the city council may
20- 2 require concerning the operations of city departments,
20- 3 offices, and agencies subject to the manager's direction
20- 4 and supervision;
20- 5 (8) Keep the city council fully advised as to the
20- 6 financial condition and future needs of the city and
20- 7 make such recommendations to the city council concerning
20- 8 the affairs of the city as the manager deems desirable;
20- 9 and
20-10 (9) Perform other such duties as are specified in this
20-11 charter or as may be required by the city council.
20-12 SECTION 2.31.
20-13 Council interference with administration.
20-14 Except for the purpose of inquiries and investigations under
20-15 Section 2.15, the city council or its members shall deal
20-16 with city officers and employees who are subject to the
20-17 direction and supervision of the manager solely through the
20-18 manager, and neither the city council nor its members shall
20-19 give orders to any such officer or employee, either publicly
20-20 or privately.
20-21 SECTION 2.32.
20-22 Powers and duties of mayor.
20-23 The mayor shall:
20-24 (1) Preside at all meetings of the city council and
20-25 shall have the right to take part in deliberations but
20-26 shall not vote on any question except in case of a tie;
20-27 (2) Be the head of the city for the purpose of service
20-28 of process and for ceremonial purposes and be the
20-29 official spokesperson for the city and the chief
20-30 advocate of policy;
20-31 (3) Have power to administer oaths and to take
20-32 affidavits; and
20-33 (4) Sign as a matter of course on behalf of the city all
20-34 written and approved contracts, ordinances, and other
20-35 instruments executed by the city which by law are
20-36 required to be in writing.
20-37 SECTION 2.33.
20-38 Mayor pro tem.
20-39 By a majority vote at the first meeting in January of each
20-40 year, the city council shall elect a councilmember to serve
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21- 1 as mayor pro tem. During the absence or physical or mental
21- 2 disability of the mayor for any cause, the mayor pro tem. or
21- 3 in the mayor pro tem.'s absence or disability for any
21- 4 reason, any one of the councilmembers chosen by a majority
21- 5 vote of the city council shall be clothed with all the
21- 6 rights and privileges of the mayor and shall perform the
21- 7 duties of the office of the mayor so long as such absence or
21- 8 disability shall continue. Any such absence or disability
21- 9 shall be declared by majority vote of all councilmembers.
21-10 The mayor pro tem. or selected councilmember shall sign all
21-11 contracts and ordinances in which the mayor has a
21-12 disqualifying financial interest as provided in Section
21-13 2.14.
21-14 SECTION 2.34.
21-15 Election of mayor; forfeiture; compensation.
21-16 The mayor shall be elected and serve for a term of four
21-17 years and until a successor is elected and qualified. The
21-18 mayor shall be a qualified elector of this city and shall
21-19 have been a resident of the city for 12 months prior to the
21-20 election. The mayor shall continue to reside in this city
21-21 during the period of service. The mayor shall forfeit the
21-22 office on the same grounds and under the same procedure as
21-23 for councilmembers. The compensation of the mayor shall be
21-24 established in the same manner as for councilmembers.
ARTICLE III
21-25 ADMINISTRATIVE AFFAIRS
21-26 SECTION 3.10.
21-27 Administrative and service departments.
21-28 (a) Except as otherwise provided in this charter, the city
21-29 council by ordinance shall prescribe the functions or duties
21-30 of and establish, abolish, alter, consolidate, or leave
21-31 vacant all nonelective offices, positions of employment,
21-32 departments, and agencies of the city as necessary for the
21-33 proper administration of the affairs and government of this
21-34 city.
21-35 (b) Except as otherwise provided by this charter or by law,
21-36 the directors of departments and other appointed officers of
21-37 the city shall be appointed solely on the basis of their
21-38 respective administrative and professional qualifications.
21-39 (c) All appointive officers and directors of departments
21-40 shall receive such compensation as prescribed by ordinance.
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22- 1 (d) There shall be a director of each department or agency
22- 2 who shall be its principal officer. Each director shall,
22- 3 subject to the direction and supervision of the city
22- 4 manager, be responsible for the administration and direction
22- 5 of the affairs and operations of that director's department
22- 6 or agency.
22- 7 (e) All appointive officers and directors under the
22- 8 supervision of the city manager shall be nominated by the
22- 9 mayor, city manager, or any member of the city council with
22-10 confirmation of appointment by the city council. All
22-11 appointive officers and directors shall be employees at-will
22-12 and subject to removal or suspension at any time by the city
22-13 manager unless otherwise provided by law or ordinance.
22-14 SECTION 3.11.
22-15 Boards, commissions, and authorities.
22-16 (a) The city council shall create by ordinance such boards,
22-17 commissions, and authorities to fulfill any investigative,
22-18 quasi-judicial, or quasi-legislative function the city
22-19 council deems necessary and shall by ordinance establish the
22-20 composition, period of existence, duties, and powers
22-21 thereof.
22-22 (b) All members of boards, commissions, and authorities of
22-23 the city shall be appointed by the city council for such
22-24 terms of office and in such manner as shall be provided by
22-25 ordinance, except where other appointing authority, terms of
22-26 office, or manner of appointment is prescribed by this
22-27 charter or by law.
22-28 (c) The city council by ordinance may provide for the
22-29 compensation and reimbursement for actual and necessary
22-30 expenses of the members of any board, commission, or
22-31 authority.
22-32 (d) Except as otherwise provided by charter or by law, no
22-33 member of any board, commission, or authority shall hold any
22-34 elective office in the city.
22-35 (e) Any vacancy on a board, commission, or authority of the
22-36 city shall be filled for the unexpired term in the manner
22-37 prescribed in this section for original appointment, except
22-38 as otherwise provided by this charter or by law.
22-39 (f) No member of a board, commission, or authority shall
22-40 assume office until that person has executed and filed with
22-41 the clerk of the city an oath obligating himself or herself
22-42 to faithfully and impartially perform the duties of that
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23- 1 member's office, such oath to be prescribed by ordinance and
23- 2 administered by the city clerk or anyone authorized to
23- 3 administer oaths.
23- 4 (g) All board members serve at will and may be removed at
23- 5 any time by a vote of three members of the city council
23- 6 unless otherwise provided by law.
23- 7 (h) Except as otherwise provided by this charter or by law,
23- 8 each board, commission, or authority of the city shall elect
23- 9 one of its members as chair and one member as vice chair and
23-10 may elect as its secretary one of its own members or may
23-11 appoint as secretary an employee of the city. Each board,
23-12 commission, or authority of the city government may
23-13 establish such bylaws, rules, and regulations, not
23-14 inconsistent with this charter, ordinances of the city, or
23-15 law, as it deems appropriate and necessary for the
23-16 fulfillment of its duties or the conduct of its affairs.
23-17 Copies of such bylaws, rules, and regulations shall be filed
23-18 with the clerk of the city.
23-19 SECTION 3.12.
23-20 City attorney.
23-21 The city council shall appoint a city attorney, together
23-22 with such assistant city attorneys as may be authorized, and
23-23 shall provide for the payment of such attorney or attorneys
23-24 for services rendered to the city. The city attorney shall
23-25 be responsible for providing for the representation and
23-26 defense of the city in all litigation in which the city is a
23-27 party; may be the prosecuting officer in the municipal
23-28 court; shall attend the meetings of the council as directed;
23-29 shall advise the city council, mayor, and other officers and
23-30 employees of the city concerning legal aspects of the city's
23-31 affairs; and shall perform such other duties as may be
23-32 required by virtue of the person's position as city
23-33 attorney.
23-34 SECTION 3.13.
City clerk.
23-35 The city council shall appoint a city clerk who may be a
23-36 councilmember. The city clerk shall be custodian of the
23-37 official city seal and city records; maintain city council
23-38 records required by this charter; and perform such other
23-39 duties as may be required by the city council.
23-40 SECTION 3.14.
23-41 Position classification and pay plans.
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24- 1 The city manager shall be responsible for the preparation of
24- 2 a position classification and pay plan which shall be
24- 3 submitted to the city council for approval. Such plan may
24- 4 apply to all employees of the city and any of its agencies,
24- 5 departments, boards, commissions, or authorities. When a
24- 6 pay plan has been adopted, the city council shall not
24- 7 increase or decrease the salary range applicable to any
24- 8 position except by amendment of such pay plan. For purposes
24- 9 of this section, all elected and appointed city officials
24-10 are not city employees.
24-11 SECTION 3.17.
24-12 Personnel policies.
24-13 All employees serve at will and may be removed from office
24-14 at any time unless otherwise provided by ordinance.
ARTICLE IV
24-15 JUDICIAL BRANCH
24-16 SECTION 4.10.
24-17 Creation; name.
24-18 There shall be a court to be known as the Municipal Court of
24-19 the City of Fort Oglethorpe.
24-20 SECTION 4.11.
Judges.
24-21 (a) The municipal court shall be presided over by a judge or
24-22 judges as shall be provided by ordinance.
24-23 (b) No person shall be qualified or eligible to serve as a
24-24 judge on the municipal court unless that person shall have
24-25 attained the age of 21 years and shall possess all the
24-26 qualifications required by law. All judges shall be
24-27 appointed by the city council and shall serve until
24-28 successors are appointed and qualified.
24-29 (c) Compensation of the judges shall be fixed by ordinance.
24-30 (d) Judges serve at will and may be removed from office at
24-31 any time by the city council unless otherwise provided by
24-32 ordinance.
24-33 (e) Before assuming office, each judge shall take an oath,
24-34 given before some officer duly authorized by law to
24-35 administer oaths, that the judge will honestly and
24-36 faithfully discharge the duties of the office to the best of
24-37 that person's ability and without fear, favor, or
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25- 1 partiality. The oath shall be entered upon the minutes of
25- 2 the city council journal required in Section 2.20.
25- 3 SECTION 4.12.
Convening.
25- 4 The municipal court shall be convened at regular intervals
25- 5 as provided by ordinance.
25- 6 SECTION 4.13.
25- 7 Jurisdiction; powers.
25- 8 (a) The municipal court shall try and punish violations of
25- 9 this charter, all city ordinances, and such other violations
25-10 as provided by law.
25-11 (b) The municipal court shall have authority to punish those
25-12 in its presence for contempt, provided that such punishment
25-13 shall not exceed $200.00.
25-14 (c) The municipal court may fix punishment for offenses
25-15 within its jurisdiction not exceeding a fine of $1,000.00 or
25-16 imprisonment for 12 months or both such fine and
25-17 imprisonment or may fix punishment by fine, imprisonment, or
25-18 alternative sentencing, as now or hereafter provided by law.
25-19 (d) The municipal court shall have authority to establish a
25-20 schedule of fees to defray the cost of operation and shall
25-21 be entitled to reimbursement of the cost of meals,
25-22 transportation, and caretaking of prisoners bound over to
25-23 superior courts for violations of state law.
25-24 (e) The municipal court shall have authority to establish
25-25 bail and recognizances to ensure the presence of those
25-26 charged with violations before said court and shall have
25-27 discretionary authority to accept cash or personal or real
25-28 property as surety for the appearance of persons charged
25-29 with violations. Whenever any person shall give bail for
25-30 that person's appearance and shall fail to appear at the
25-31 time fixed for trial, the bond shall be forfeited by the
25-32 judge presiding at such time and an execution shall be
25-33 issued thereon by serving the defendant and the defendant's
25-34 sureties with a rule nisi at least two days before a hearing
25-35 on the rule nisi. In the event that cash or property is
25-36 accepted in lieu of bond for security for the appearance of
25-37 a defendant at trial, and if such defendant fails to appear
25-38 at the time and place fixed for trial, the cash so deposited
25-39 shall be on order of the judge declared forfeited to the
25-40 city, or the property so deposited shall have a lien against
25-41 it for the value forfeited which lien shall be enforceable
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26- 1 in the same manner and to the same extent as a lien for city
26- 2 property taxes.
26- 3 (f) The municipal court shall have the same authority as
26- 4 superior courts to compel the production of evidence in the
26- 5 possession of any party; to enforce obedience to its orders,
26- 6 judgments, and sentences; and to administer such oaths as
26- 7 are necessary.
26- 8 (g) The municipal court may compel the presence of all
26- 9 parties necessary to a proper disposal of each case by the
26-10 issuance of summonses, subpoenas, and warrants which may be
26-11 served as executed by any officer as authorized by this
26-12 charter or by law.
26-13 (h) Each judge of the municipal court shall be authorized to
26-14 issue warrants for the arrest of persons charged with
26-15 offenses against any ordinance of the city, and each judge
26-16 of the municipal court shall have the same authority as a
26-17 magistrate of the state to issue warrants for offenses
26-18 against state laws committed within the city.
26-19 SECTION 4.14.
Certiorari.
26-20 The right of certiorari from the decision and judgment of
26-21 the municipal court shall exist in all criminal cases and
26-22 ordinance violation cases, and such certiorari shall be
26-23 obtained under the sanction of a judge of either the
26-24 Superior Court of Catoosa or Walker counties, depending on
26-25 the venue of the arrest, under the laws of the State of
26-26 Georgia regulating the granting and issuance of writs of
26-27 certiorari.
26-28 SECTION 4.15.
26-29 Rules for court.
26-30 The judge or judges shall have full power and authority to
26-31 make reasonable rules and regulations necessary and proper
26-32 to secure the efficient and successful administration of the
26-33 municipal court; provided, however, that the city council
26-34 may adopt in part or in toto the rules and regulations
26-35 applicable to municipal courts. The rules and regulations
26-36 made or adopted shall be filed with the city clerk, shall be
26-37 available for public inspection, and, upon request, a copy
26-38 shall be furnished to all defendants in municipal court
26-39 proceedings at least 48 hours prior to said proceedings.
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ARTICLE V
ELECTIONS
27- 1 SECTION 5.10.
27- 2 Applicability of general law.
27- 3 All elections shall be held and conducted in accordance with
27- 4 Chapter 3 of Title 21 of the O.C.G.A., the "Georgia
27- 5 Municipal Election Code," as now or hereafter amended.
27- 6 SECTION 5.11.
27- 7 Election of the city council and mayor.
27- 8 (a) There shall be a municipal general election biennially
27- 9 in the odd years on the Tuesday next following the first
27-10 Monday in November.
27-11 (b) The mayor and councilmembers who are in office on the
27-12 effective date of this Act shall serve until the expiration
27-13 of the term of office to which they were elected and until
27-14 their successors are elected and qualified.
27-15 (c) For the purpose of electing members of the council, the
27-16 City of Fort Oglethorpe, Georgia, shall consist of one
27-17 election district with five numbered posts. Each person
27-18 seeking election shall designate the post for which he or
27-19 she seeks election.
27-20 (d) On the Tuesday next following the First Monday in
27-21 November, 1997, and on that date quadrennially thereafter,
27-22 there shall be elected councilmembers for Posts 2, 3, and 5.
27-23 Then, on the Tuesday following the first Monday in November,
27-24 1999, and on that date quadrennially thereafter, there shall
27-25 be elected a mayor and councilmembers for Posts 1 and 4. It
27-26 is the purpose of this section to provide a rotation system
27-27 for the office of mayor and councilmembers. The terms of
27-28 the offices shall begin at the taking of oath of office as
27-29 provided in Section 2.18 of this charter.
27-30 SECTION 5.12.
27-31 Nonpartisan elections.
27-32 Political parties shall not conduct primaries for city
27-33 offices and all names of candidates for city offices shall
27-34 be listed without party designations.
27-35 SECTION 5.13.
27-36 Election by 40 percent plurality.
27-37 In order to be elected, the candidate must receive at least
27-38 40 percent of the total vote in the initial election. If no
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28- 1 candidate receives 40 percent of the vote, a runoff shall be
28- 2 held between the two candidates receiving the most votes in
28- 3 the initial election.
28- 4 SECTION 5.14.
28- 5 Special elections; vacancies.
28- 6 In the event that the office of mayor or councilmember shall
28- 7 become vacant as provided in Section 2.12 of this charter,
28- 8 the city council or those remaining shall order a special
28- 9 election to fill the balance of the unexpired term of such
28-10 official; provided, however, if such vacancy occurs within
28-11 six months of the expiration of the term of that office, the
28-12 city council or those members remaining shall appoint a
28-13 successor for the remainder of the term. In all other
28-14 respects, the special election shall be held and conducted
28-15 in accordance with Chapter 3 of Title 21 of the O.C.G.A.,
28-16 the "Georgia Municipal Election Code," as now or hereafter
28-17 amended.
28-18 SECTION 5.15.
28-19 Other provisions.
28-20 Except as otherwise provided by this charter, the city
28-21 council shall, by ordinance, prescribe such rules and
28-22 regulations as it deems appropriate to fulfill any options
28-23 and duties under Chapter 3 of Title 21 of the O.C.G.A., the
28-24 "Georgia Municipal Election Code."
28-25 SECTION 5.16.
28-26 Removal of officers.
28-27 (a) The mayor, a councilmember, or other appointed officers
28-28 as provided for in this charter shall be removed from office
28-29 for any one or more of the following causes:
28-30 (1) Malpractice, misfeasance, or malfeasance in office;
28-31 (2) Conviction of a crime involving moral turpitude;
28-32 (3) Failure at any time to possess any qualifications of
28-33 office as provided by this charter or by law;
28-34 (4) Knowingly violating subsection (b) of Section 2.14
28-35 or any other express prohibition of this charter;
28-36 (5) Abandonment of office or neglect to perform the
28-37 duties thereof;
28-38 (6) Use of oppression or tyrannical partiality in the
28-39 administration or under the color of one's office;
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29- 1 (7) Use of illegal conduct in the performance or
29- 2 administration of the office which is unbecoming the
29- 3 character of a public officer;
29- 4 (8) Willfully and knowingly demanding more costs than
29- 5 one is entitled to by law in the administration and
29- 6 under color of one's office; or
29- 7 (9) Failure for any other cause to perform the duties of
29- 8 office required by this charter or by state law.
29- 9 (b) Removal of any officer pursuant to subsection (a) of
29-10 this section shall be accomplished by one of the following
29-11 methods:
29-12 (1) By the vote of four councilmembers after an
29-13 investigative hearing. In the event an elected officer
29-14 is sought to be removed by the action of the city
29-15 council, such officer shall be entitled to a written
29-16 notice specifying the ground or grounds for removal and
29-17 to a public hearing which shall be held not less than
29-18 ten days after the service of such written notice. Any
29-19 elected officer sought to be removed from office as
29-20 provided in this section shall have the right of appeal
29-21 from the decision of the city council to either the
29-22 Superior Court of Catoosa County or the Superior Court
29-23 of Walker County, the venue to be controlled by his or
29-24 her place of residence. Such appeal shall be governed
29-25 by the same rules as govern appeals to the superior
29-26 court from the probate court; or
29-27 (2) By an order of either the Superior Court of Catoosa
29-28 County or the Superior Court of Walker County, the venue
29-29 depending upon the place of residence of the officer,
29-30 following a hearing on a complaint seeking such removal
29-31 brought by any resident of the City of Fort Oglethorpe,
29-32 Georgia.
ARTICLE VI
FINANCE
29-33 SECTION 6.10.
29-34 Property tax.
29-35 The city council may assess, levy, and collect an ad valorem
29-36 tax on all real and personal property within the corporate
29-37 limits of the city that is subject to such taxation by the
29-38 state and county. This tax is for the purpose of raising
29-39 revenues to defray the costs of operating the city
29-40 government, of providing governmental services, for the
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30- 1 repayment of principal and interest on general obligations,
30- 2 and for any other public purpose as determined by the city
30- 3 council in its discretion.
30- 4 SECTION 6.11.
30- 5 Millage rate; due dates; payment methods.
30- 6 The city council by ordinance shall establish a millage rate
30- 7 for the city property tax, a due date, and the time period
30- 8 within which these taxes must be paid. The city council by
30- 9 ordinance may provide for the payment of these taxes by
30-10 installments or in one lump sum, as well as authorize the
30-11 voluntary payment of taxes prior to the time when due.
30-12 SECTION 6.12.
30-13 Occupation and business taxes.
30-14 The city council by ordinance shall have the power to levy
30-15 such occupation or business taxes as are not denied by law.
30-16 The city council may classify businesses, occupations, or
30-17 professions for the purpose of such taxation in any way
30-18 which may be lawful and may compel the payment of such taxes
30-19 as provided in Section 6.18.
30-20 SECTION 6.13.
30-21 Regulatory fees; permits.
30-22 The city council by ordinance shall have the power to
30-23 require businesses or practitioners doing business within
30-24 this city to obtain a permit for such activity from the city
30-25 and pay a reasonable regulatory fee for such permit as
30-26 provided by general law. Such fees shall reflect the total
30-27 cost to the city of regulating the activity and, if unpaid,
30-28 shall be collected as provided in Section 6.18.
30-29 SECTION 6.14.
Franchises.
30-30 (a) The city council shall have the power to grant
30-31 franchises for the use of this city's streets and alleys for
30-32 the purposes of railroads, street railways, telephone
30-33 companies, electric companies, electric membership
30-34 corporations, cable television and other telecommunications
30-35 companies, gas companies, transportation companies, and
30-36 other similar organizations. The city council shall
30-37 determine the duration, terms, whether the same shall be
30-38 exclusive or nonexclusive, and the consideration for such
30-39 franchises; provided, however, no franchise shall be granted
30-40 for a period in excess of 35 years and no franchise shall be
30-41 granted unless the city receives just and adequate
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31- 1 compensation therefor. The city council shall provide for
31- 2 the registration of all franchises with the city clerk in a
31- 3 registration book kept by the clerk. The city council may
31- 4 provide by ordinance for the registration within a
31- 5 reasonable time of all franchises previously granted.
31- 6 (b) If no franchise agreement is in effect, the city council
31- 7 has the authority to impose a tax on gross receipts for the
31- 8 use of this city's streets and alleys for the purposes of
31- 9 railroads, street railways, telephone companies, electric
31-10 companies, electric membership corporations, cable
31-11 television and other telecommunications companies, gas
31-12 companies, transportation companies, and other similar
31-13 organizations.
31-14 SECTION 6.15.
31-15 Service charges.
31-16 The city council by ordinance shall have the power to assess
31-17 and collect fees, charges, and tolls for sewers, sanitary
31-18 and health services, or any other services provided or made
31-19 available within and outside the corporate limits of the
31-20 city for the total cost to the city of providing or making
31-21 available such services. If unpaid, such charges shall be
31-22 collected as provided in Section 6.18.
31-23 SECTION 6.16.
31-24 Special assessments.
31-25 The city council by ordinance shall have the power to assess
31-26 and collect the cost of constructing, reconstructing,
31-27 widening, or improving any public way, street, sidewalk,
31-28 curbing, gutters, sewers, or other utility mains and
31-29 appurtenances from the abutting property owners under such
31-30 terms and conditions as are reasonable. If unpaid, such
31-31 charges shall be collected as provided in Section 6.18.
31-32 SECTION 6.17.
31-33 Construction; other taxes and fees.
31-34 This city shall be empowered to levy any other tax or fee
31-35 allowed now or hereafter by law, and the specific mention of
31-36 any right, power, or authority in this article shall not be
31-37 construed as limiting in any way the general powers of this
31-38 city to govern its local affairs.
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32- 1 SECTION 6.18.
32- 2 Collection of delinquent taxes and fees.
32- 3 The city council by ordinance may provide generally for the
32- 4 collection of delinquent taxes, fees, or other revenue due
32- 5 the city under Sections 6.10 through 6.17 by whatever
32- 6 reasonable means as are not precluded by law. This shall
32- 7 include providing for the dates when the taxes or fees are
32- 8 due; late penalties or interest; issuance and execution of
32- 9 fi. fas.; creation and priority of liens; making delinquent
32-10 taxes and fees personal debts of the persons required to pay
32-11 the taxes or fees imposed; revoking city permits for failure
32-12 to pay any city taxes or fees; and providing for the
32-13 assignment or transfer of tax executions.
32-14 SECTION 6.19.
32-15 General obligation bonds.
32-16 The city council shall have the power to issue bonds for the
32-17 purpose of raising revenue to carry out any project,
32-18 program, or venture authorized under this charter or the
32-19 laws of the state. Such bonding authority shall be exercised
32-20 in accordance with the laws governing bond issuance by
32-21 municipalities in effect at the time said issue is
32-22 undertaken.
32-23 SECTION 6.20.
32-24 Revenue bonds.
32-25 Revenue bonds may be issued by the city council as state law
32-26 now or hereafter provides. Such bonds are to be paid out of
32-27 any revenue produced by the project, program, or venture for
32-28 which they were issued.
32-29 SECTION 6.21.
32-30 Short-term loans.
32-31 The city may obtain short-term loans and must repay such
32-32 loans not later than December 31 of each year, unless
32-33 otherwise provided by law.
32-34 SECTION 6.22.
32-35 Lease-purchase contracts.
32-36 The city may enter into multiyear lease, purchase, or lease
32-37 purchase contracts for the acquisition of goods, materials,
32-38 real and personal property, services, and supplies provided
32-39 the contract terminates without further obligation on the
32-40 part of the municipality at the close of the calendar year
32-41 in which it was executed and at the close of each succeeding
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33- 1 calendar year for which it may be renewed. Contracts must
33- 2 be executed in accordance with the requirements of Code
33- 3 Section 36-60-13 of the O.C.G.A. or other such applicable
33- 4 laws as are or may hereafter be enacted.
33- 5 SECTION 6.23.
Fiscal year.
33- 6 The city council shall set the fiscal year by ordinance.
33- 7 This fiscal year shall constitute the budget year and the
33- 8 year for financial accounting and reporting of each and
33- 9 every office, department, agency, and activity of the city
33-10 government.
33-11 SECTION 6.24.
33-12 Preparation of budgets.
33-13 The city council shall provide an ordinance on the
33-14 procedures and requirements for the preparation and
33-15 execution of an annual operating budget, a capital
33-16 improvement plan, and a capital budget, including
33-17 requirements as to the scope, content, and form of such
33-18 budgets and plans.
33-19 SECTION 6.25.
33-20 Submission of operating budget
33-21 to city council.
33-22 On or before a date fixed by the city council but not later
33-23 than 90 days prior to the beginning of each fiscal year, the
33-24 city manager shall submit to the city council a proposed
33-25 operating budget for the ensuing fiscal year. The budget
33-26 shall be accompanied by a message from the city manager
33-27 containing a statement of the general fiscal policies of the
33-28 city, the important features of the budget, explanations of
33-29 major changes recommended for the next fiscal year, a
33-30 general summary of the budget, and such other pertinent
33-31 comments and information. The operating budget and the
33-32 capital budget hereinafter provided for, the budget message,
33-33 and all supporting documents shall be filed in the office of
33-34 the city clerk and shall be open to public inspection.
33-35 SECTION 6.26.
33-36 Action by city council on budget.
33-37 (a) The city council may amend the operating budget proposed
33-38 by the city manager, except that the budget as finally
33-39 amended and adopted must provide for all expenditures
33-40 required by state law or by other provisions of this charter
33-41 and for all debt service requirements for the ensuing fiscal
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34- 1 year, and the total appropriations from any fund shall not
34- 2 exceed the estimated fund balance, reserves, and revenues.
34- 3 (b) The city council by ordinance shall adopt the final
34- 4 operating budget for the ensuing fiscal year not later than
34- 5 the first day of December of each year. If the city council
34- 6 fails to adopt the budget by this date, the amounts
34- 7 appropriated for operation for the current fiscal year shall
34- 8 be deemed adopted for the ensuing fiscal year on a
34- 9 month-to-month basis, with all items prorated accordingly,
34-10 until such time as the city council adopts a budget for the
34-11 ensuing fiscal year. Adoption of the budget shall take the
34-12 form of an appropriations ordinance setting out the
34-13 estimated revenues in detail by sources and making
34-14 appropriations according to fund and by organizational unit,
34-15 purpose, or activity as set out in the budget preparation
34-16 ordinance adopted pursuant to Section 6.24.
34-17 (c) The amount set out in the adopted operating budget for
34-18 each organizational unit shall constitute the annual
34-19 appropriation for such, and no expenditure shall be made or
34-20 encumbrance created in excess of the otherwise unencumbered
34-21 balance of the appropriations or allotment thereof to which
34-22 it is chargeable.
34-23 SECTION 6.27.
Tax levies.
34-24 The city council shall levy by ordinance such taxes as are
34-25 necessary. The taxes and tax rates set by such ordinance
34-26 shall be such that reasonable estimates of revenues from
34-27 such levy shall at least be sufficient, together with other
34-28 anticipated revenues, fund balances, and applicable
34-29 reserves, to equal the total amount appropriated for each of
34-30 the several funds set forth in the annual operating budget
34-31 for defraying the expenses of the general government of this
34-32 city.
34-33 SECTION 6.28.
34-34 Changes in appropriations.
34-35 The city council by ordinance may make changes in the
34-36 appropriations contained in the current operating budget at
34-37 any regular meeting or any special or emergency meeting
34-38 called for such purpose, but any additional appropriations
34-39 may be made only from an existing unexpended surplus.
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35- 1 SECTION 6.29.
35- 2 Capital budget.
35- 3 (a) On or before the date fixed by the city council, but not
35- 4 later than 90 days prior to the beginning of each fiscal
35- 5 year, the city manager shall submit to the city council a
35- 6 proposed capital improvements plan with a recommended
35- 7 capital budget containing the means of financing the
35- 8 improvements proposed for the ensuing fiscal year. The city
35- 9 council shall have power to accept, with or without
35-10 amendments, or reject the proposed plan and proposed budget.
35-11 The city council shall not authorize an expenditure for the
35-12 construction of any building, structure, work, or
35-13 improvement unless the appropriations for such project are
35-14 included in the capital budget, except to meet a public
35-15 emergency as provided in Section 2.24.
35-16 (b) The city council shall adopt by ordinance the final
35-17 capital budget for the ensuing fiscal year not later than
35-18 the first day of December of each year. No appropriations
35-19 provided for in a prior capital budget shall lapse until the
35-20 purpose for which the appropriation was made shall have been
35-21 accomplished or abandoned; provided, however, the city
35-22 manager may submit amendments to the capital budget at any
35-23 time during the fiscal year, accompanied by the
35-24 recommendations. Any such amendments to the capital budget
35-25 shall become effective only upon adoption by ordinance.
35-26 SECTION 6.30.
35-27 Independent audit.
35-28 There shall be an annual independent audit of all city
35-29 accounts, funds, and financial transactions by a certified
35-30 public accountant selected by the city council. The audit
35-31 shall be conducted according to generally accepted auditing
35-32 principles. Any audit of any funds by the state or federal
35-33 governments may be accepted as satisfying the requirements
35-34 of this charter. Copies of annual audit reports shall be
35-35 available at printing costs to the public.
35-36 SECTION 6.31.
35-37 Contracting procedures.
35-38 (a) No contract with the city shall be binding on the city
35-39 unless:
35-40 (1) It is in writing;
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36- 1 (2) It is drawn by or submitted and reviewed by the city
36- 2 attorney and, as a matter of course, is signed by the
36- 3 city attorney to indicate such drafting or review; and
36- 4 (3) It is made or authorized by the city council and
36- 5 such approval is entered in the city council journal of
36- 6 proceedings pursuant to Section 2.21.
36- 7 (b) If the mayor is unable to execute contracts due to his
36- 8 or her absentee or disability, the mayor pro tem. shall sign
36- 9 such contract pursuant to the terms of Section 2.33.
36-10 SECTION 6.32.
36-11 Centralized purchasing.
36-12 The city council shall by ordinance prescribe procedures for
36-13 a system of centralized purchasing for the city.
36-14 SECTION 6.33.
36-15 Sale and lease of city property.
36-16 (a) The city council may sell and convey or lease any real
36-17 or personal property owned or held by the city for
36-18 governmental or other purposes as now or hereafter provided
36-19 by law.
36-20 (b) The city council may quitclaim any rights it may have in
36-21 property not needed for public purposes upon report by the
36-22 city manager and adoption of a resolution, both finding that
36-23 the property is not needed for public or other purposes and
36-24 that the interest of the city has no readily ascertainable
36-25 monetary value.
36-26 (c) Whenever in opening, extending, or widening any street,
36-27 avenue, alley, or public place of the city, a small parcel
36-28 or tract of land is cut off or separated by such work from a
36-29 larger tract or boundary of land owned by the city, the city
36-30 council may authorize the city manager to sell and convey
36-31 said cut off or separated parcel or tract of land to an
36-32 abutting or adjoining property owner or owners where such
36-33 sale and conveyance facilitates the enjoyment of the highest
36-34 and best use of the abutting owner's property. Included in
36-35 the sales contract shall be a provision for the rights of
36-36 way of said street, avenue, alley, or public place. Each
36-37 abutting property owner shall be notified of the
36-38 availability of the property and given the opportunity to
36-39 purchase said property under such terms and conditions as
36-40 set out by ordinance. All deeds and conveyances heretofore
36-41 and hereafter so executed and delivered shall convey all
36-42 title and interest the city has in such property,
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37- 1 notwithstanding the fact that no public sale after
37- 2 advertisement was or is hereafter made.
ARTICLE VII
37- 3 MISCELLANEOUS
37- 4 SECTION 7.10.
37- 5 Bonds for officials.
37- 6 The officers and employees of this city, both elected and
37- 7 appointive, shall execute such surety or fidelity bonds in
37- 8 such amounts and upon such terms and conditions as the city
37- 9 council shall from time to time require by ordinance or as
37-10 may be provided by law.
37-11 SECTION 7.11.
37-12 Existing ordinances,
37-13 resolutions, rules, and regulations.
37-14 Existing ordinances, resolutions, rules, and regulations of
37-15 this city not in conflict with this charter shall continue
37-16 in force, unless repealed or amended, for two years from the
37-17 effective date of this charter. During such two-year
37-18 period, the city council shall review all such provisions
37-19 and shall readopt, repeal, or amend each, so that a
37-20 codification as provided by subsection (b) of Section 2.26
37-21 is accomplished. Every two years thereafter this charter
37-22 and all ordinances shall be reviewed by a committee
37-23 appointed by the mayor and council with recommendations made
37-24 to the council.
37-25 SECTION 7.12.
37-26 Existing personnel and officers.
37-27 Except as specifically provided otherwise by this charter,
37-28 all personnel and officers of this city and their rights,
37-29 privileges, and powers shall continue beyond the time this
37-30 charter takes effect for a period of 60 days before or
37-31 during which the existing city council shall pass a
37-32 transition ordinance detailing the changes in personnel and
37-33 appointed officers required or desired and arranging such
37-34 titles, rights, privileges, and powers as may be required or
37-35 desired to allow a reasonable transition.
37-36 SECTION 7.13.
37-37 Pending matters.
37-38 Except as specifically provided otherwise by this charter,
37-39 all rights, claims, actions, orders, contracts, and legal or
37-40 administrative proceedings shall continue and any such
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38- 1 ongoing work or cases shall be completed by such city
38- 2 agencies, personnel, or offices as may be provided by the
38- 3 city council.
38- 4 SECTION 7.14.
38- 5 Polo grounds.
38- 6 The area known as the Polo Grounds, which is surrounded by
38- 7 Barnhardt Circle Drive, shall be preserved in its present
38- 8 condition for the use and benefit of the general public and
38- 9 no future construction or obstruction of any sort shall be
38-10 allowed in said circle. Those structures now existing,
38-11 including ball parks, may be improved within their present
38-12 boundaries, except that nothing herein shall affect the
38-13 right of the Catoosa County Board of Education relative to
38-14 those areas previously conveyed to that entity.
38-15 SECTION 7.15.
38-16 Construction.
38-17 (a) Section captions in this charter are informative only
38-18 and are not to be considered as a part thereof.
38-19 (b) The word "shall" is mandatory and the word "may" is
38-20 permissive.
38-21 (c) The singular shall include the plural, the masculine
38-22 shall include the feminine, and vice versa.
38-23 SECTION 7.16.
38-24 Severability.
38-25 If any article, section, subsection, paragraph, sentence, or
38-26 part thereof of this charter shall be held to be invalid or
38-27 unconstitutional, such invalidity or unconstitutionality
38-28 shall not affect or impair other parts of this charter
38-29 unless it clearly appears that such other parts are wholly
38-30 and necessarily dependent upon the part held to be invalid
38-31 or unconstitutional, it being the legislative intent in
38-32 enacting this charter that each article, section,
38-33 subsection, paragraph, sentence, or part thereof be enacted
38-34 separately and independent of each other.
38-35 SECTION 7.17.
38-36 Specific repealer.
38-37 An Act incorporating the City of Fort Oglethorpe in the
38-38 Counties of Walker and Catoosa, approved February 17, 1949
38-39 (Ga. L. 1949, p. 703), as amended, is repealed in its
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39- 1 entirety and all amendatory Acts thereto are likewise
39- 2 repealed in their entirety.
39- 3 SECTION 7.18.
39- 4 Unless prohibited by the federal Voting Rights Act of 1965,
39- 5 as amended, the election superintendent of the City of Fort
39- 6 Oglethorpe shall call and conduct an election as provided in
39- 7 this section for the purpose of submitting this Act to the
39- 8 electors of the City of Fort Oglethorpe for approval or
39- 9 rejection. The election superintendent shall conduct that
39-10 election on the date of the general primary in July, 1996,
39-11 and shall issue the call and conduct that election as
39-12 provided by general law. The superintendent shall cause the
39-13 date and purpose of the election to be published once a week
39-14 for two weeks immediately preceding the date thereof in the
39-15 official organs of Catoosa County and Walker County. The
39-16 ballot shall have written or printed thereon the words:
39-17 "( ) YES Shall the Act be approved which provides a new
39-18 ( ) NO charter for the City of Fort Oglethorpe?"
39-19 All persons desiring to vote for approval of the Act shall
39-20 vote "Yes," and those persons desiring to vote for rejection
39-21 of the Act shall vote "No." If more than one-half of the
39-22 votes cast on such question are for approval of the Act, it
39-23 shall become of full force and effect on January 1, 1997.
39-24 If the Act is not so approved or if the election is not
39-25 conducted as provided in this section, the remaining
39-26 sections of this Act shall not become effective and this Act
39-27 shall be automatically repealed on January 1, 1997.
39-28 The expense of such election shall be borne by the City of
39-29 Fort Oglethorpe. It shall be the election superintendent's
39-30 duty to certify the result thereof to the Secretary of
39-31 State.
39-32 SECTION 7.19.
39-33 Effective date.
39-34 Section 7.18 of this charter and this section shall become
39-35 effective upon signature of the Governor. The remaining
39-36 sections of this charter shall become effective as provided
39-37 in Section 7.18 of this charter.
39-38 SECTION 7.20.
39-39 General repealer.
39-40 All laws and parts of laws in conflict with this Act are
39-41 repealed.
S. B. 733
-39- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97