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| HB 1465 - Bostwick, City of; new charter |
First Reader Summary
A BILL to reincorporate and provide a new charter for the City of
Bostwick; and for other purposes.
| House
| Action
| Senate
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| 1/30/98
| Read 1st Time
| 2/4/98
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| 2/2/98
| Read 2nd Time
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| 2/3/98
| Favorably Reported
| 2/6/98
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| 2/3/98
| Read 3rd Time
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| 2/3/98
| Passed/Adopted
| 2/6/98
|
| 3/24/98
| Sent to Governor
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| 3/27/98
| Signed by Governor
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| 583
| Act/Veto Number
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| 7/1/98
| Effective Date
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HB 1465 LC 9 9490
A BILL TO BE ENTITLED
AN ACT
1- 1 To reincorporate and provide a new charter for the City of
1- 2 Bostwick; to provide for corporate boundaries and maps or
1- 3 descriptions thereof; to provide for powers and the exercise
1- 4 of powers; to provide for construction; to provide for a
1- 5 city council and for the members and their terms of office,
1- 6 qualifications, residence, vacancies, compensation,
1- 7 expenses, regular and special meetings, oaths, rules,
1- 8 journal, committees, chairpersons and officers, quorum, and
1- 9 voting; to prohibit holding any other city office and acting
1-10 upon matters in which a councilmember or the mayor is
1-11 personally interested; to provide for inquiries,
1-12 investigations, and subpoena power; to provide for eminent
1-13 domain; to provide for the form of ordinances and procedures
1-14 related thereto; to provide for emergency ordinances; to
1-15 provide for the adoption of codes of technical regulations;
1-16 to provide for the authentication, codification, and
1-17 printing of ordinances; to provide for a mayor and such
1-18 official's election, term of office, qualifications,
1-19 residence, compensation, powers, and duties; to provide for
1-20 administrative and service departments and the directors
1-21 thereof and such directors' appointment, compensation,
1-22 responsibilities, nomination, removal, and suspension; to
1-23 provide for boards, commissions, and authorities and their
1-24 creation, composition, duties, powers, officers, and bylaws
1-25 and their members' appointment, compensation, expenses,
1-26 oaths, and removal; to provide for a city attorney, city
1-27 clerk, city treasurer, city accountant, position
1-28 classifications, pay plans, and personnel policies; to
1-29 provide for a municipal court and its convening,
1-30 jurisdiction, powers, fees, bails, warrants, certiorari,
1-31 rules, and regulations; to provide for judges and their
1-32 qualifications, appointment, compensation, removal, and
1-33 oaths; to provide for nonpartisan election by plurality and
1-34 the time for holding elections; to provide for the
1-35 applicability of general law to elections; to provide for
1-36 special elections to fill vacancies; to provide for removal
1-37 of officers; to provide for property taxes, occupation and
-1-
2- 1 business taxes, regulatory fees, and permits; to provide for
2- 2 the millage rate, due dates, and methods of payment; to
2- 3 provide for franchises, service charges, special
2- 4 assessments, and other taxes and fees; to provide for the
2- 5 collection of delinquent taxes and fees; to provide for
2- 6 general obligation bonds, revenue bonds, and short-term
2- 7 loans; to provide for a fiscal year; to provide for
2- 8 operating and capital budgets and their preparation,
2- 9 submission, amendment, and adoption; to provide for tax
2-10 levies, changes in appropriations, and independent audits;
2-11 to provide for contracting procedures, centralized
2-12 purchasing, and the sale of city property; to provide for
2-13 bonds for officials; to provide for transition, including
2-14 existing ordinances and regulations, existing employees and
2-15 officers, and pending matters; to provide for construction
2-16 and severability; to repeal an Act incorporating the City of
2-17 Bostwick in the County of Morgan, approved August 8, 1916
2-18 (Ga. L. 1916, p. 588); to provide an effective date; to
2-19 repeal conflicting laws; and for other purposes.
2-20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2-21 INCORPORATION AND POWERS
2-22 SECTION 1.10.
2-23 This city and the inhabitants thereof are hereby constituted
2-24 and declared a body politic and corporate under the name and
2-25 style Bostwick, Georgia, and by that name shall have
2-26 perpetual succession.
2-27 SECTION 1.11.
2-28 Corporate boundaries.
2-29 (a) The boundaries of this city shall be those existing on
2-30 the effective date of the adoption of this charter with such
2-31 alterations as may be made from time to time in the manner
2-32 provided by law. The boundaries of this city at all times
2-33 shall be shown on a map, a written description, or any
2-34 combination thereof, to be retained permanently in the city
2-35 hall and to be designated, as the case may be: "Official
2-36 (Map) (Description) of the corporate limits of the City of
2-37 Bostwick, Georgia." Photographic, typed, or other copies of
2-38 such map or description certified by the city clerk shall be
2-39 admitted as evidence in all courts and shall have the same
2-40 force and effect as with the original map or description.
-2-
3- 1 (b) The city council may provide for the redrawing of any
3- 2 such map by ordinance to reflect lawful changes in the
3- 3 corporate boundaries. A redrawn map shall supersede for all
3- 4 purposes the entire map or maps which it is designated to
3- 5 replace.
3- 6 SECTION 1.12.
3- 7 Powers and construction.
3- 8 (a) This city shall have all powers possible for a city to
3- 9 have under the present or future Constitution and laws of
3-10 this state as fully and completely as though they were
3-11 specifically enumerated in this charter. This city shall
3-12 have all the powers of self-government not otherwise
3-13 prohibited by this charter or by general law.
3-14 (b) The powers of this city shall be construed liberally in
3-15 favor of the city. The specific mention or failure to
3-16 mention particular powers shall not be construed as limiting
3-17 in any way the powers of this city.
3-18 SECTION 1.13.
3-19 Examples of powers.
3-20 The powers of the city shall include, but are not limited
3-21 to, the following matters:
3-22 (1) Air and water pollution. To regulate the emission
3-23 of smoke or other exhaust which pollutes the air, and to
3-24 prevent the pollution of natural streams which flow
3-25 within the corporate limits of the city;
3-26 (2) Animal regulations. To regulate and license or to
3-27 prohibit the keeping or running at large of animals and
3-28 fowl, and to provide for the impoundment of same if in
3-29 violation of any ordinance or lawful order; to provide
3-30 for the disposition by sale, gift, or humane destruction
3-31 of animals and fowl when not redeemed as provided by
3-32 ordinance; and to provide punishment for violation of
3-33 ordinances enacted under this paragraph;
3-34 (3) Appropriations and expenditures. To make
3-35 appropriations for the support of the government of the
3-36 city; to authorize the expenditure of money for any
3-37 purposes authorized by this charter and for any purpose
3-38 for which a municipality is authorized by the laws of
3-39 the State of Georgia; and to provide for the payment of
3-40 expenses of the city;
-3-
4- 1 (4) Building regulation. To regulate and to license the
4- 2 erection and construction of buildings and all other
4- 3 structures; to adopt building, housing, plumbing,
4- 4 electric, gas, and heating and air-conditioning codes;
4- 5 and to regulate all housing, and building trades;
4- 6 (5) Business regulation and taxation. To levy and to
4- 7 provide for the collection of license fees and taxes on
4- 8 privileges, occupations, trades, and professions; to
4- 9 license and regulate the same; to provide for the manner
4-10 and method of payment of such license fees and taxes;
4-11 and to revoke such licenses after due process for
4-12 failure to pay any city taxes or fees;
4-13 (6) Condemnation. To condemn property, inside or
4-14 outside the corporate limits of the city, for present or
4-15 future use and for any corporate purpose deemed
4-16 necessary by the governing authority, utilizing
4-17 procedures enumerated in Title 22 of the Official Code
4-18 of Georgia Annotated, or such other applicable laws as
4-19 are or may hereafter be enacted;
4-20 (7) Contracts. To enter into contracts and agreements
4-21 with other governmental entities and with private
4-22 persons, firms, and corporations;
4-23 (8) Emergencies. To establish procedures for
4-24 determining and proclaiming that an emergency situation
4-25 exists inside or outside the city, and to make and carry
4-26 out all reasonable provisions deemed necessary to deal
4-27 with or meet such an emergency for the protection,
4-28 safety, health, or well-being of the citizens of the
4-29 city;
4-30 (9) Fire regulations. To fix and establish fire limits
4-31 and from time to time to extend, enlarge, or restrict
4-32 the same; to prescribe fire safety regulations not
4-33 inconsistent with general law relating to both fire
4-34 prevention and detection and to fire fighting; and to
4-35 prescribe penalties and punishment for violations
4-36 thereof;
4-37 (10) Garbage fees. To levy, fix, assess, and collect a
4-38 garbage, refuse, and trash collection and disposal and
4-39 other sanitary service charge, tax, or fee for such
4-40 services as may be necessary in the operation of the
4-41 city from all individuals, firms, and corporations
4-42 residing in or doing business therein benefiting from
4-43 such services; to enforce the payment of such charges,
-4-
5- 1 taxes, or fees; and to provide for the manner and method
5- 2 of collecting such service charges;
5- 3 (11) General health, safety and welfare. To define,
5- 4 regulate, and prohibit any act, practice, conduct, or
5- 5 use of property which is detrimental to health,
5- 6 sanitation, cleanliness, welfare, and safety of the
5- 7 inhabitants of the city; and to provide for the
5- 8 enforcement of such standards;
5- 9 (12) Gifts. To accept or refuse gifts, donations,
5-10 bequests, or grants from any source for any purpose
5-11 related to powers and duties of the city and the general
5-12 welfare of its citizens, on such terms and conditions as
5-13 the donor or grantor may impose;
5-14 (13) Health and sanitation. To prescribe standards of
5-15 health and sanitation and to provide for the enforcement
5-16 of such standards;
5-17 (14) Jail sentences. To provide that persons given jail
5-18 sentences in the municipal court may work out such
5-19 sentences in any public works or on the streets, roads,
5-20 drains, and squares in the city; to provide for
5-21 commitment of such persons to any jail; or to provide
5-22 for commitment of such persons to any county work camp
5-23 or county jail by agreement with the appropriate county
5-24 officials;
5-25 (15) Motor vehicles. To regulate the operation of motor
5-26 vehicles and exercise control over all traffic,
5-27 including parking upon or across the streets, roads,
5-28 alleys, and walkways of the city;
5-29 (16) Municipal agencies and delegation of power. To
5-30 create, alter, or abolish departments, boards, offices,
5-31 commissions, and agencies of the city, and to confer
5-32 upon such agencies the necessary and appropriate
5-33 authority for carrying out all the powers conferred upon
5-34 or delegated to the same;
5-35 (17) Municipal debts. To appropriate and borrow money
5-36 for the payment of debts of the city and to issue bonds
5-37 for the purpose of raising revenue to carry out any
5-38 project, program, or venture authorized by this charter
5-39 or the laws of the State of Georgia;
5-40 (18) Municipal property ownership. To acquire, dispose
5-41 of, and hold in trust or otherwise, any real, personal,
-5-
6- 1 or mixed property, in fee simple or lesser interest,
6- 2 inside or outside the property limits of the city;
6- 3 (19) Municipal property protection. To provide for the
6- 4 preservation and protection of property and equipment of
6- 5 the city and the administration and use of same by the
6- 6 public; and to prescribe penalties and punishment for
6- 7 violations thereof;
6- 8 (20) Municipal utilities. To acquire, lease, construct,
6- 9 operate, maintain, sell, and dispose of public
6-10 utilities, including but not limited to a system of
6-11 waterworks, sewers and drains, sewage disposal, gas
6-12 works, electric light plants, transportation facilities,
6-13 public airports, and any other public utility; and to
6-14 fix the taxes, charges, rates, fares, fees, assessments,
6-15 regulations, and penalties and to provide for the
6-16 withdrawal of service for refusal or failure to pay the
6-17 same; and to authorize the extension of water, sewerage,
6-18 and electrical distribution systems and all necessary
6-19 appurtenances by which said utilities are distributed,
6-20 inside and outside the corporate limits of the city; and
6-21 to provide utility services to persons, firms, and
6-22 corporations inside and outside the corporate limits of
6-23 the city as provided by ordinance;
6-24 (21) Nuisance. To define a nuisance and provide for its
6-25 abatement whether on public or private property;
6-26 (22) Penalties. To provide penalties for violation of
6-27 any ordinances adopted pursuant to the authority of this
6-28 charter and the laws of the State of Georgia;
6-29 (23) Planning and zoning. To provide comprehensive city
6-30 planning for development by zoning; and to provide
6-31 subdivision regulation and the like as the city council
6-32 deems necessary and reasonable to ensure a safe,
6-33 healthy, and esthetically pleasing community;
6-34 (24) Police and fire protection. To exercise the power
6-35 of arrest through duly appointed police officers; and to
6-36 establish, operate, or contract for a police and a fire
6-37 fighting agency;
6-38 (25) Public hazards: removal. To provide for the
6-39 destruction and removal of any building or other
6-40 structure which is or may become dangerous or
6-41 detrimental to the public;
-6-
7- 1 (26) Public improvements. To provide for the
7- 2 acquisition, construction, building, operation, and
7- 3 maintenance of public ways, parks and playgrounds,
7- 4 recreational facilities, cemeteries, markets and market
7- 5 houses, public buildings, libraries, public housing,
7- 6 airports, hospitals, terminals, docks, parking
7- 7 facilities, or charitable, cultural, educational,
7- 8 recreational, conservation, sport, curative, corrective,
7- 9 detentional, penal, and medical institutions, agencies,
7-10 and facilities; and to provide any other public
7-11 improvements, inside or outside the corporate limits of
7-12 the city; and to regulate the use of public
7-13 improvements; and, for such purposes, property may be
7-14 acquired by condemnation under Title 22 of the Official
7-15 Code of Georgia Annotated, or such other applicable laws
7-16 as are or may hereafter be enacted;
7-17 (27) Public peace. To provide for the prevention and
7-18 punishment of drunkenness, riots, and public
7-19 disturbances;
7-20 (28) Public transportation. To organize and operate
7-21 such public transportation systems as are deemed
7-22 beneficial;
7-23 (29) Public utilities and services. To grant franchises
7-24 or make contracts for public utilities and public
7-25 services; and to prescribe the rates, fares,
7-26 regulations, and standards and conditions of service
7-27 applicable to the service to be provided by the
7-28 franchise grantee or contractor, insofar as not in
7-29 conflict with valid regulations of the Public Service
7-30 Commission;
7-31 (30) Regulation of roadside areas. To prohibit or
7-32 regulate and control the erection, removal, and
7-33 maintenance of signs, billboards, trees, shrubs, fences,
7-34 buildings, and any and all other structures or
7-35 obstructions upon or adjacent to the rights of way of
7-36 streets and roads or within view thereof, within or
7-37 abutting the corporate limits of the city; and to
7-38 prescribe penalties and punishment for violation of such
7-39 ordinances;
7-40 (31) Retirement. To provide and maintain a retirement
7-41 plan for officers and employees of the city;
7-42 (32) Roadways. To lay out, open, extend, widen, narrow,
7-43 establish or change the grade of, abandon or close,
-7-
8- 1 construct, pave, maintain, repair, clean, prevent
8- 2 erosion of, and light the roads, alleys, and walkways
8- 3 within the corporate limits of the city; and to
8- 4 negotiate and execute leases over, through, under, or
8- 5 across any city property or the right of way of any
8- 6 street, road, alley, and walkway or portion thereof
8- 7 within the corporate limits of the city, for bridges,
8- 8 passageways, or any other purpose or use between
8- 9 buildings on opposite sides of the street and for other
8-10 bridges, overpasses, and underpasses for private use at
8-11 such location, and to charge a rental therefor in such
8-12 manner as may be provided by ordinance; and to authorize
8-13 and control the construction of bridges, overpasses, and
8-14 underpasses within the corporate limits of the city; and
8-15 to grant franchises and rights of way throughout the
8-16 streets and roads and over the bridges and viaducts for
8-17 the use of public utilities and for private use; and to
8-18 require real estate owners to repair and maintain in a
8-19 safe condition the sidewalks adjoining their lots or
8-20 lands and to impose penalties for failure to do so;
8-21 (33) Sewer fees. To levy a fee, charge, or sewer tax as
8-22 necessary to assure the acquiring, constructing,
8-23 equipping, operating, maintaining, and extending of a
8-24 sewage disposal plant and sewerage system, and to levy
8-25 on those to whom sewers and sewerage systems are made
8-26 available a sewer service fee, charge, or sewer tax for
8-27 the availability or use of the sewers; to provide for
8-28 the manner and method of collecting such service charges
8-29 and for enforcing payment of the same; and to charge,
8-30 impose, and collect a sewer connection fee or fees to
8-31 those connected with the system;
8-32 (34) Solid waste disposal. To provide for the
8-33 collection and disposal of garbage, rubbish, and refuse,
8-34 and to regulate the collection and disposal of garbage,
8-35 rubbish, and refuse by others; and to provide for the
8-36 separate collection of glass, tin, aluminum, cardboard,
8-37 paper, and other recyclable materials; and to provide
8-38 for the sale of such items;
8-39 (35) Special areas of public regulation. To regulate or
8-40 prohibit junk dealers, pawn shops, the manufacture,
8-41 sale, or transportation of intoxicating liquors, and the
8-42 use and sale of firearms; to regulate the
8-43 transportation, storage, and use of combustible,
8-44 explosive, and flammable materials, the use of lighting
-8-
9- 1 and heating equipment, and any other business or
9- 2 situation which may be dangerous to persons or property;
9- 3 to regulate and control the conduct of peddlers and
9- 4 itinerant traders, theatrical performances, exhibitions,
9- 5 and shows of any kind, by taxation or otherwise; and to
9- 6 license, tax, regulate, or prohibit professional
9- 7 fortunetelling, palmistry, adult bookstores, and massage
9- 8 parlors;
9- 9 (36) Special assessments. To levy and provide for the
9-10 collection of special assessments to cover the costs for
9-11 any public improvements;
9-12 (37) Taxes: ad valorem. To levy and provide for the
9-13 assessment, valuation, revaluation, and collection of
9-14 taxes on all property subject to taxation;
9-15 (38) Taxes: other. To levy and collect such other
9-16 taxes as may be allowed now or in the future by law;
9-17 (39) Taxicabs. To regulate and license vehicles
9-18 operated for hire in the city; to limit the number of
9-19 such vehicles; to require the operators thereof to be
9-20 licensed; to require public liability insurance on such
9-21 vehicles in the amounts to be prescribed by ordinance;
9-22 and to regulate the parking of such vehicles;
9-23 (40) Urban redevelopment. To organize and operate an
9-24 urban redevelopment program; and
9-25 (41) Other powers. To exercise and enjoy all other
9-26 powers, functions, rights, privileges, and immunities
9-27 necessary or desirable to promote or protect the safety,
9-28 health, peace, security, good order, comfort,
9-29 convenience, or general welfare of the city and its
9-30 inhabitants; and to exercise all implied powers
9-31 necessary to carry into execution all powers granted in
9-32 this charter as fully and completely as if such powers
9-33 were fully stated in this charter; and to exercise all
9-34 powers now or in the future authorized to be exercised
9-35 by other municipal governments under other laws of the
9-36 State of Georgia; and no listing of particular powers in
9-37 this charter shall be held to be exclusive of others,
9-38 nor restrictive of general words and phrases granting
9-39 powers, but shall be held to be in addition to such
9-40 powers unless expressly prohibited to municipalities
9-41 under the Constitution or applicable laws of the State
9-42 of Georgia.
-9-
10- 1 SECTION 1.14.
10- 2 Exercise of powers.
10- 3 All powers, functions, rights, privileges, and immunities of
10- 4 the city, its officers, agencies, or employees shall be
10- 5 carried into execution as provided by this charter. If this
10- 6 charter makes no provision, such shall be carried into
10- 7 execution as provided by ordinance or as provided by
10- 8 pertinent laws of the State of Georgia.
10- 9 GOVERNMENT STRUCTURE
10-10 SECTION 2.10.
10-11 City council creation; number; election.
10-12 The legislative authority of the government of this city,
10-13 except as otherwise specifically provided in this charter,
10-14 shall be vested in a city council to be composed of a mayor
10-15 and four councilmembers. The mayor and councilmembers shall
10-16 be elected in the manner provided by this charter.
10-17 SECTION 2.11.
10-18 City council terms and qualifications for office.
10-19 The members of the city council shall serve for terms of
10-20 four years and until their respective successors are elected
10-21 and qualified. No person shall be eligible to serve as mayor
10-22 or councilmember unless he or she shall have been a resident
10-23 of the city one year prior to the date of the election of
10-24 mayor or members of the city council. Each such person shall
10-25 continue to reside in the city during his or her period of
10-26 service and be registered and qualified to vote in municipal
10-27 elections of this city.
10-28 SECTION 2.12.
10-29 Vacancy; filling of vacancies; suspensions.
10-30 The office of mayor or councilmember shall become vacant
10-31 upon the incumbent's death, resignation, forfeiture of
10-32 office, or removal from office in any manner authorized by
10-33 this charter or the general laws of the State of Georgia. A
10-34 vacancy in the office of mayor or councilmember shall be
10-35 filled for the remainder of the unexpired term, if any, as
10-36 provided for in this charter.
10-37 SECTION 2.13.
10-38 Compensation and expenses.
10-39 The mayor and councilmembers shall receive compensation and
10-40 expenses for their services as provided by ordinance.
-10-
11- 1 SECTION 2.14.
11- 2 Holding other office; voting when personally interested.
11- 3 (a) Except as authorized by law or as approved by the mayor
11- 4 and council, the mayor or any councilmember shall not hold
11- 5 any other city office or city employment during the term for
11- 6 which he or she was elected.
11- 7 (b) Neither the mayor nor any member of the city council
11- 8 shall vote upon, sign, or veto any ordinance, resolution,
11- 9 contract, or other matter in which he or she is personally
11-10 interested.
11-11 SECTION 2.15.
11-12 Inquiries and investigations.
11-13 The city council may make inquiries and investigations into
11-14 the affairs of the city and the conduct of any department,
11-15 office, or agency thereof, and for this purpose may subpoena
11-16 witnesses, administer oaths, take testimony, and require the
11-17 production of evidence. Any person who fails or refuses to
11-18 obey a lawful order issued in the exercise of these powers
11-19 by the city council shall be punished as provided by
11-20 ordinance.
11-21 SECTION 2.16.
11-22 General power and authority of the city council.
11-23 Except as otherwise provided by the charter, the city
11-24 council shall be vested with all the powers of government of
11-25 this city as provided by Article I.
11-26 SECTION 2.17.
11-27 Eminent domain.
11-28 The city council is hereby empowered to acquire, construct,
11-29 operate, and maintain public ways, parks, public grounds,
11-30 cemeteries, markets, market houses, public buildings,
11-31 libraries, sewers, drains, sewage treatment, waterworks,
11-32 electrical systems, gas systems, airports, hospitals, and
11-33 charitable, educational, recreational, sport, curative,
11-34 corrective, detentional, penal, and medical institutions,
11-35 agencies, and facilities, and any other public improvements
11-36 inside or outside the city, and to regulate the use thereof;
11-37 and for such purposes, property may be condemned under
11-38 procedures established under general law applicable now or
11-39 as provided in the future.
11-40 SECTION 2.18.
11-41 Organizational meetings.
-11-
12- 1 The mayor and city council shall hold an organizational
12- 2 meeting during the last week of December following each
12- 3 municipal election. In the event both the mayor and the
12- 4 mayor pro tem are serving terms of office which are to
12- 5 expire on December 31 of that election year, the meeting
12- 6 shall be called to order by the city clerk and the oath of
12- 7 office shall be administered to the newly elected members as
12- 8 follows:
12- 9 "I do solemnly (swear)(affirm) that I will faithfully
12-10 perform the duties of (mayor)(councilmember) of this city
12-11 and that I will support and defend the charter thereof as
12-12 well as the Constitution and laws of the State of Georgia
12-13 and of the United States of America."
12-14 SECTION 2.19.
12-15 Regular and special meetings.
12-16 (a) The city council shall hold regular meetings at such
12-17 times and places as prescribed by ordinance.
12-18 (b) Special meetings of the city council may be held on call
12-19 of the mayor or three members of the city council. Notice
12-20 of such special meetings shall be served on all other
12-21 members personally, or by telephone personally, at least 48
12-22 hours in advance of the meeting. Such notice to
12-23 councilmembers shall not be required if the mayor and all
12-24 councilmembers are present when the special meeting is
12-25 called. Such notice of any special meeting may be waived by
12-26 a councilmember in writing before or after such a meeting,
12-27 and attendance at the meeting shall also constitute a waiver
12-28 of notice on any business transacted in such councilmember's
12-29 presence. Only the business stated in the call may be
12-30 transacted at the special meeting.
12-31 (c) All meetings of the city council shall be public to the
12-32 extent required by law, and notice to the public of special
12-33 meetings shall be made fully as is reasonably possible 48
12-34 hours prior to such meetings.
12-35 SECTION 2.20.
12-36 Rules of procedure.
12-37 (a) The city council shall adopt its rules of procedure and
12-38 order of business consistent with the provisions of this
12-39 charter and shall provide for keeping a journal of its
12-40 proceedings, which shall be a public record.
12-41 (b) All committees and committee chairpersons and officers
12-42 of the city council shall be appointed by the mayor and
-12-
13- 1 shall serve at his or her pleasure. The mayor shall have the
13- 2 power to appoint new members to any committee at any time.
13- 3 SECTION 2.21.
13- 4 Quorum; voting.
13- 5 Three councilmembers shall constitute a quorum and shall be
13- 6 authorized to transact business of the city council. Voting
13- 7 on the adoption of ordinances shall be by voice vote and the
13- 8 vote shall be recorded in the journal, but any member of the
13- 9 city council shall have the right to request a roll-call
13-10 vote, and such vote shall be recorded in the journal.
13-11 Except as otherwise provided in this charter, the
13-12 affirmative vote of three councilmembers shall be required
13-13 for the adoption of any ordinance, resolution, or motion.
13-14 SECTION 2.22.
13-15 Ordinance form; procedures.
13-16 (a) Every proposed ordinance should be introduced in writing
13-17 and in the form required for final adoption. No ordinance
13-18 shall contain a subject which is not expressed in its title.
13-19 The enacting clause shall be "The Council of the City of
13-20 Bostwick hereby ordains . . ." and every ordinance shall so
13-21 begin.
13-22 (b) An ordinance may be introduced by any councilmember and
13-23 be read at a regular or special meeting of the city council.
13-24 Ordinances shall be considered and adopted or rejected by
13-25 the city council in accordance with the rules which it shall
13-26 establish; provided, however, an ordinance shall not be
13-27 adopted the same day it is introduced, except for emergency
13-28 ordinances provided in Section 2.24.
13-29 (c) Upon introduction of any ordinance, the clerk shall as
13-30 soon as possible distribute a copy to the mayor and to each
13-31 councilmember and shall file a reasonable number of copies
13-32 in the office of the clerk and at such other public places
13-33 as the city council may designate.
13-34 SECTION 2.23.
13-35 Action requiring an ordinance.
13-36 Acts of the city council which have the force and effect of
13-37 law shall be enacted by ordinance.
13-38 SECTION 2.24.
13-39 To meet a public emergency affecting life, health, property,
13-40 or public peace, the city council may convene on call of the
-13-
14- 1 mayor or two councilmembers and promptly adopt an emergency
14- 2 ordinance, but such ordinance may not levy taxes; grant,
14- 3 renew, or extend a franchise; regulate the rate charged by
14- 4 any public utility for its services; or authorize the
14- 5 borrowing of money except for loans to be repaid within 30
14- 6 days. An emergency ordinance shall be introduced in the
14- 7 form prescribed for ordinances generally, except that it
14- 8 shall be plainly designated as an emergency ordinance and
14- 9 shall contain, after the enacting clause, a declaration
14-10 stating that an emergency exists and describing the
14-11 emergency in clear and specific terms. An emergency
14-12 ordinance may be adopted, with or without amendment, or
14-13 rejected at the meeting at which it is introduced, but the
14-14 affirmative vote of at least three councilmembers shall be
14-15 required for adoption. It shall become effective upon
14-16 adoption or at such later time as it may specify. Every
14-17 emergency ordinance shall automatically stand repealed 30
14-18 days following the date upon which it was adopted, but this
14-19 shall not prevent reenactment of the ordinance in the manner
14-20 specified in this section if the emergency still exists. An
14-21 emergency ordinance may also be repealed by adoption of a
14-22 repealing ordinance in the same manner specified in this
14-23 section for adoption of emergency ordinances.
14-24 SECTION 2.25.
14-25 Codes of technical regulations.
14-26 (a) The city council may adopt any standard code of
14-27 technical regulations by reference thereto in an adopting
14-28 ordinance. The procedure and requirements governing such
14-29 adopting ordinance shall be as prescribed for ordinances
14-30 generally except that: (1) the requirements of Section
14-31 2.22(b) for distribution and filing of copies of the
14-32 ordinance shall be construed to include copies of any code
14-33 of technical regulations, as well as the adopting ordinance;
14-34 and (2) a copy of each adopted code of technical
14-35 regulations, as well as the adopting ordinance, shall be
14-36 authenticated and recorded by the clerk pursuant to Section
14-37 2.26.
14-38 (b) Copies of any adopted code of technical regulations
14-39 shall be made available by the clerk for distribution or for
14-40 purchase at a reasonable price.
14-41 SECTION 2.26.
14-42 Signing; authenticating; recording; codification; printing.
-14-
15- 1 (a) The clerk shall authenticate by his or her signature and
15- 2 record in full, in a properly indexed book kept for that
15- 3 purpose, all ordinances adopted by the council.
15- 4 (b) The city council shall provide for the preparation of a
15- 5 general codification of all the ordinances of the city
15- 6 having the force and effect of law. The general
15- 7 codification shall be adopted by the city council by
15- 8 ordinance and shall be published promptly, together with all
15- 9 amendments thereto and such codes of technical regulations
15-10 and other rules and regulations as the city council may
15-11 specify. This compilation shall be known and cited
15-12 officially as "The Code of the City of Bostwick, Georgia."
15-13 Copies of the code shall be furnished to all officers,
15-14 departments, and agencies of the city and made available for
15-15 purchase by the public at a reasonable price as fixed by the
15-16 city council.
15-17 (c) The city council shall cause each ordinance and each
15-18 amendment to this charter to be printed promptly following
15-19 its adoption, and the printed ordinances and charter
15-20 amendments shall be made available for purchase by the
15-21 public at reasonable prices to be fixed by the city council.
15-22 Following publication of the first code under this charter
15-23 and at all times thereafter, the ordinances and charter
15-24 amendments shall be printed in substantially the same style
15-25 as the code currently in effect and shall be suitable in
15-26 form for incorporation therein. The city council shall make
15-27 such further arrangements as deemed desirable with the
15-28 reproduction and distribution of any current changes in or
15-29 additions to codes of technical regulations and other rules
15-30 and regulations included in the code.
15-31 SECTION 2.27.
15-32 Election of mayor; forfeiture; compensation.
15-33 The mayor shall be elected and serve for a term of four
15-34 years and until his or her successor is elected and
15-35 qualified. He or she shall be a qualified elector of this
15-36 city and shall have been a resident of this city six months
15-37 preceding his or her election. He or she shall continue to
15-38 reside in this city during the period of his or her service.
15-39 He or she shall forfeit his or her office on the same
15-40 grounds and under the same procedure as for councilmembers.
15-41 The compensation of the mayor shall be established in the
15-42 same manner as for councilmembers.
-15-
16- 1 SECTION 2.28.
16- 2 Chief executive officer.
16- 3 The mayor shall be the executive of this city. He or she
16- 4 shall possess all of the executive and administrative powers
16- 5 granted to the city under the Constitution and laws of the
16- 6 State of Georgia and all the executive and administrative
16- 7 powers contained in this charter.
16- 8 SECTION 2.29.
16- 9 Powers and duties of mayor.
16-10 As the chief executive of this city, the mayor shall:
16-11 (1) See that all laws and ordinances of the city are
16-12 faithfully executed;
16-13 (2) Appoint and remove all officers, department heads,
16-14 and employees of the city, except as otherwise provided
16-15 in this charter;
16-16 (3) Exercise supervision over all executive and
16-17 administrative work of the city and provide for the
16-18 coordination of administrative activities;
16-19 (4) Prepare and submit to the city council a recommended
16-20 operating budget and recommended capital budget;
16-21 (5) Submit to the city council at least once a year a
16-22 statement covering the financial conditions of the city
16-23 and, from time to time, such other information as the
16-24 city council may request;
16-25 (6) Recommend to the city council such measures relative
16-26 to the affairs of the city, improvement of the
16-27 government, and promotion of the welfare of its
16-28 inhabitants as he or she may deem expedient;
16-29 (7) Call special meetings of the city council as
16-30 provided for in Section 2.19(b);
16-31 (8) Provide for an annual audit of all accounts of the
16-32 city;
16-33 (9) Require any department or agency of the city to
16-34 submit written reports whenever he or she deems it
16-35 expedient; and
16-36 (10) Perform such other duties as may be required by
16-37 law, this charter, or ordinance.
16-38 SECTION 2.32.
16-39 Mayor pro tem; selection; duties.
-16-
17- 1 By a majority vote, the city council shall elect a
17- 2 councilmember to serve as mayor pro tem. The mayor pro tem
17- 3 shall preside at all meetings of the city council and shall
17- 4 assume the duties and powers of the mayor upon the mayor's
17- 5 disability or absence. The city council by a majority vote
17- 6 shall elect a new presiding officer from among its members
17- 7 for any period in which the mayor pro tem is disabled,
17- 8 absent, or acting as mayor. Any such absence or disability
17- 9 shall be declared by majority vote of all councilmembers.
17-10 ADMINISTRATIVE AFFAIRS
17-11 SECTION 3.10.
17-12 Administrative and service departments.
17-13 (a) Except as otherwise provided in this charter, the city
17-14 council, by ordinance, shall prescribe the functions or
17-15 duties and establish, abolish, or alter all nonelective
17-16 offices, positions of employment, departments, and agencies
17-17 of the city, as necessary for the proper administration of
17-18 the affairs and government of the city.
17-19 (b) Except as otherwise provided by this charter or by law,
17-20 the directors of departments and other appointed officers of
17-21 the city shall be appointed solely on the basis of their
17-22 respective administrative and professional qualifications.
17-23 (c) All appointive officers and directors of departments
17-24 shall receive such compensation as prescribed by ordinance.
17-25 (d) There shall be a director of each department or agency
17-26 who shall be its principal officer. Each director shall,
17-27 subject to the direction and supervision of the mayor, be
17-28 responsible for the administration and direction of the
17-29 affairs and operations of his or her department or agency.
17-30 (e) All directors under the supervision of the mayor shall
17-31 be nominated by the mayor with confirmation of appointment
17-32 by the city council. The mayor may suspend or remove
17-33 directors under his or her supervisor but such shall not be
17-34 effective for seven calendar days following the mayor giving
17-35 written notice of such action and the reasons therefor to
17-36 the director involved and to the city council. The director
17-37 involved may appeal to the city council which, after a
17-38 hearing, may override the mayor's action by a vote of three
17-39 councilmembers.
17-40 SECTION 3.11.
17-41 Boards, commissions, and authorities.
-17-
18- 1 (a) The city council shall create by ordinance such boards,
18- 2 commissions, and authorities to fulfill any investigative,
18- 3 quasi-judicial, or quasi-legislative function the city
18- 4 council deems necessary and shall by ordinance establish the
18- 5 composition, period of existence, duties, and powers
18- 6 thereof.
18- 7 (b) All members of boards, commissions, and authorities of
18- 8 the city shall be appointed by the city council for such
18- 9 terms of office and in such manner as shall be provided by
18-10 ordinance, except where other appointing authority, terms of
18-11 office, or manner of appointment is prescribed by this
18-12 charter or by law.
18-13 (c) The city council, by ordinance, may provide for the
18-14 compensation and reimbursement for actual and necessary
18-15 expenses of the members of any board, commission, or
18-16 authority.
18-17 (d) Except as otherwise provided by charter or by law, no
18-18 member of any board, commission, or authority shall hold any
18-19 elective office in the city.
18-20 (e) Any vacancy on a board, commission, or authority of the
18-21 city shall be filled for the unexpired term in the manner
18-22 prescribed in this charter for original appointment, except
18-23 as otherwise provided by this charter or by law.
18-24 (f) No member of a board, commission, or authority shall
18-25 assume office until he or she has executed and filed with
18-26 the clerk of the city an oath obligating himself or herself
18-27 to faithfully and impartially perform the duties of his or
18-28 her office, such oath to be prescribed by ordinance and
18-29 administered by the mayor.
18-30 (g) Any member of a board, commission, or authority may be
18-31 removed from office for cause by a vote of three members of
18-32 the city council.
18-33 (h) Except as otherwise provided by this charter or by law,
18-34 each board, commission, or authority of the city shall elect
18-35 one of its members as chairperson and one member as vice
18-36 chairperson and may elect as its secretary one of its own
18-37 members or may appoint as secretary an employee of the city.
18-38 Each board, commission, or authority may establish such
18-39 bylaws, rules, and regulations, not inconsistent with this
18-40 charter, ordinances of the city, or law, as it deems
18-41 appropriate and necessary for the fulfillment of its duties
18-42 or the conduct of its affairs. Copies of such bylaws,
-18-
19- 1 rules, and regulations shall be filed with the clerk of the
19- 2 city.
19- 3 SECTION 3.12.
19- 4 City attorney.
19- 5 The city council shall appoint a city attorney, together
19- 6 with such assistant city attorneys as may be authorized, and
19- 7 shall provide for the payment of such attorney or attorneys
19- 8 for services rendered to the city. The city attorney shall
19- 9 be responsible for representing and defending the city in
19-10 all litigation in which the city is a party; may be
19-11 prosecuting officer in the municipal court; shall attend the
19-12 meetings of the council as directed; shall advise the city
19-13 council, mayor, and other officers and employees of the city
19-14 concerning legal aspects of the city's affairs; and shall
19-15 perform such other duties as may be required of him or her
19-16 by virtue of his or her position as city attorney.
19-17 SECTION 3.13.
19-18 The city council shall appoint a city clerk who shall not be
19-19 a councilmember. The city clerk shall be custodian of the
19-20 official city seal; maintain city council records required
19-21 by this charter; and perform such other duties as may be
19-22 required by the city council.
19-23 SECTION 3.14.
19-24 City treasurer.
19-25 The city council shall appoint a city treasurer to collect
19-26 all taxes, licenses, fees, and other moneys belonging to the
19-27 city subject to the provisions of this charter and the
19-28 ordinances of the city, and to enforce all laws of Georgia
19-29 relating to the collection of delinquent taxes and sale or
19-30 foreclosure for nonpayment of taxes by the city. The city
19-31 treasurer shall also be responsible for the general duties
19-32 of a treasurer and fiscal officer.
19-33 SECTION 3.15.
19-34 City accountant.
19-35 The city council shall appoint a city accountant to perform
19-36 the duties of an accountant.
19-37 SECTION 3.16.
19-38 Position classification and pay plans.
19-39 The mayor shall be responsible for the preparation of a
19-40 position classification and pay plan which shall be
-19-
20- 1 submitted to the city council for approval. Such plan may
20- 2 apply to all employees of the city and any of its agencies,
20- 3 departments, boards, commissions, or authorities. When a
20- 4 pay plan has been adopted, the city council shall not
20- 5 increase or decrease the salary range applicable to any
20- 6 position except by amendment of such pay plan. For purposes
20- 7 of this section, all elected and appointed city officials
20- 8 are not city employees.
20- 9 SECTION 3.17.
20-10 Personnel policies.
20-11 The city council shall adopt rules and regulations
20-12 consistent with this charter concerning: (1) the method of
20-13 employee selection and probationary periods of employment;
20-14 (2) the administration of the position classification and
20-15 pay plan, methods of promotion and application of service
20-16 ratings thereto, and transfer of employees within the
20-17 classification plan; (3) hours of work, vacation, sick
20-18 leave, and other leaves of absence, overtime pay, and the
20-19 order and manner in which layoffs shall be effected; (4)
20-20 such dismissal hearings as due process may require; and (5)
20-21 such other personnel notices as may be necessary to provide
20-22 for adequate and systematic handling of personnel affairs.
20-23 JUDICIAL BRANCH
20-24 SECTION 4.10.
20-25 Creation; name.
20-26 There shall be a court to be known as the Municipal Court of
20-27 the City of Bostwick.
20-28 SECTION 4.11.
20-29 Chief judge; associate judge.
20-30 (a) The municipal court shall be presided over by a chief
20-31 judge and such part-time, full-time, or standby judges as
20-32 shall be provided by ordinance. The method of selection and
20-33 terms of such judges shall be provided by ordinance.
20-34 (b) No person shall be qualified or eligible to serve as a
20-35 judge on the municipal court unless he or she shall have
20-36 attained the age of 25 years and shall have a high school
20-37 diploma or its equivalent. The chief judge shall be
20-38 nominated and appointed by the mayor and council and shall
20-39 serve at the pleasure of the mayor and council. All other
20-40 judges shall be nominated by the chief judge and appointed
20-41 by the mayor and city council.
-20-
21- 1 (c) Compensation of the judges shall be fixed by ordinance.
21- 2 (d) Judges may be removed for cause by a vote of three
21- 3 members of the city council.
21- 4 (e) Before assuming office, each judge shall take an oath,
21- 5 given by the mayor, that he or she will honestly and
21- 6 faithfully discharge the duties of his or her office to the
21- 7 best of his or her ability and without fear, favor, or
21- 8 partiality. The oath shall be entered upon the minutes of
21- 9 the city council journal required in Section 2.20.
21-10 SECTION 4.12.
21-11 The municipal court shall be convened at regular intervals
21-12 as provided by ordinance.
21-13 SECTION 4.13.
21-14 Jurisdiction; powers.
21-15 (a) The municipal court shall try and punish violations of
21-16 this charter, all city ordinances, and such other violations
21-17 as provided by law.
21-18 (b) The municipal court shall have authority to punish those
21-19 in its presence for contempt, provided that such punishment
21-20 shall not exceed $200.00 or ten days in jail.
21-21 (c) The municipal court may fix punishment for offenses
21-22 within its jurisdiction not exceeding a fine of $1,000.00 or
21-23 imprisonment for no more than six months or both such fine
21-24 and imprisonment or may fix punishment by fine,
21-25 imprisonment, or alternative sentencing as now or hereafter
21-26 provided by law.
21-27 (d) The municipal court shall have authority to establish a
21-28 schedule of fees to defray the cost of operation and shall
21-29 be entitled to reimbursement of the cost of meals,
21-30 transportation, and caretaking of prisoners bound over to
21-31 superior courts for violations of state law.
21-32 (e) The municipal court shall have authority to establish
21-33 bail and recognizances to ensure the presence of those
21-34 charged with violations before said court and shall have
21-35 discretionary authority to accept cash or personal or real
21-36 property as surety for the appearance of persons charged
21-37 with violations. Whenever any person shall give bail for
21-38 his or her appearance and shall fail to appear at the time
21-39 fixed for trial, his or her bond shall be forfeited by the
21-40 judge presiding at such time and an execution issued thereon
-21-
22- 1 by serving the defendant and his or her sureties with a rule
22- 2 nisi, at least two days before a hearing on the rule nisi.
22- 3 In the event that cash or property is accepted in lieu of
22- 4 bond for security for the appearance of a defendant at
22- 5 trial, and if such defendant fails to appear at the time and
22- 6 place fixed for trial, the cash so deposited shall be on
22- 7 order of the judge declared forfeited to the city, or the
22- 8 property so deposited shall have a lien against it for the
22- 9 value forfeited, which lien shall be enforceable in the same
22-10 manner and to the same extent as a lien for city property
22-11 taxes.
22-12 (f) The municipal court shall have the same authority as
22-13 superior courts to compel the production of evidence in the
22-14 possession of any party; to enforce obedience to its orders,
22-15 judgments, and sentences; and to administer such oaths as
22-16 are necessary.
22-17 (g) The municipal court may compel the presence of all
22-18 parties necessary to a proper disposal of each case by the
22-19 issuance of summonses, subpoenas, and warrants which may be
22-20 served as executed by any officer as authorized by this
22-21 charter or by law.
22-22 (h) Each judge of the municipal court shall be authorized to
22-23 issue warrants for the arrest of persons charged with
22-24 offenses against any ordinance of the city, and each judge
22-25 of the municipal court shall have the same authority as a
22-26 magistrate of the state to issue warrants for offenses
22-27 against state laws committed within the city.
22-28 (i) The municipal court is specifically vested with all the
22-29 jurisdiction and powers throughout the geographic area of
22-30 this city granted by law to municipal courts, and
22-31 particularly by such laws as authorize the abatement of
22-32 nuisances and prosecution of traffic violations.
22-33 SECTION 4.14.
22-34 The right of certiorari from the decision and judgment of
22-35 the municipal court shall exist in all criminal cases and
22-36 ordinance violation cases, and such certiorari shall be
22-37 obtained under the sanction of a judge of the Superior Court
22-38 of Morgan County under the laws of the State of Georgia
22-39 regulating the granting and issuance of writs of certiorari.
22-40 SECTION 4.15.
22-41 Rules for court.
-22-
23- 1 With the approval of the city council, the judge shall have
23- 2 full power and authority to make reasonable rules and
23- 3 regulations necessary and proper to secure the efficient and
23- 4 successful administration of the municipal court; provided,
23- 5 however, that the city council may adopt in part or in toto
23- 6 the rules and regulations applicable to superior courts. The
23- 7 rules and regulations made or adopted shall be filed with
23- 8 the city clerk, shall be available for public inspection,
23- 9 and, upon request, a copy shall be furnished to all
23-10 defendants in municipal court proceedings at least 48 hours
23-11 prior to said proceedings.
23-12 ELECTIONS AND REMOVAL
23-13 SECTION 5.10.
23-14 Applicability of general law.
23-15 All primaries and elections shall be held and conducted in
23-16 accordance with Chapter 3 of Title 21 of the Official Code
23-17 of Georgia Annotated, known as the "Georgia Municipal
23-18 Election Code," as now or hereafter amended.
23-19 SECTION 5.11.
23-20 Election of the city council and mayor.
23-21 (a) There shall be a municipal general election quadrenially
23-22 on the Tuesday following the first Monday in November
23-23 commencing in 2001.
23-24 (b) There shall be elected the mayor and four councilmembers
23-25 at this election and at every other election thereafter.
23-26 SECTION 5.12.
23-27 Nonpartisan elections.
23-28 Political parties shall not conduct primaries for city
23-29 offices and all names of candidates for city offices shall
23-30 be listed without party designations.
23-31 SECTION 5.13.
23-32 Election by plurality.
23-33 The person receiving a plurality of the votes cast for any
23-34 city office shall be elected.
23-35 SECTION 5.14.
23-36 Special elections; vacancies.
23-37 In the event that the office of mayor or councilmember shall
23-38 become vacant for any cause whatsoever, the city council or
23-39 those remaining shall order a special election to fill the
-23-
24- 1 balance of the unexpired term of such official; provided,
24- 2 however, if such vacancy occurs within 24 months of the
24- 3 expiration of the term of that office, the city council or
24- 4 those remaining shall appoint a successor for the remainder
24- 5 of the term. In all other respects, the special election
24- 6 shall be held and conducted in accordance with Chapter 3 of
24- 7 Title 21 of the Official Code of Georgia Annotated, known as
24- 8 the "Georgia Municipal Election Code," as now or hereafter
24- 9 amended.
24-10 SECTION 5.15.
24-11 Other provisions.
24-12 Except as otherwise provided by this charter, the city
24-13 council shall, by ordinance, prescribe such rules and
24-14 regulations as it deems appropriate to fulfill any options
24-15 and duties under Chapter 3 of Title 21 of the Official Code
24-16 of Georgia Annotated, known as the "Georgia Municipal
24-17 Election Code."
24-18 SECTION 5.16.
24-19 Removal of officers.
24-20 The mayor, councilmembers, or other appointed officers
24-21 provided for in this charter shall be removed from office
24-22 for any one or more of the following causes:
24-23 (1) By an order of the Superior Court of Morgan County
24-24 following a hearing on a complaint seeking such removal
24-25 brought by any resident of the City of Bostwick;
24-26 (2) By recall pursuant to Georgia law; or
24-27 (3) Pursuant to the terms of general law.
24-28 SECTION 6.10.
24-29 Property tax.
24-30 The city council may assess, levy, and collect an ad valorem
24-31 tax on all real and personal property within the corporate
24-32 limits of the city that is subject to such taxation by the
24-33 state and county. This tax is for the purpose of raising
24-34 revenues to defray the costs of operating the city
24-35 government, of providing governmental services, for the
24-36 repayment of principal and interest on general obligations,
24-37 and for any other public purpose as determined by the city
24-38 council in its discretion.
-24-
25- 1 SECTION 6.11.
25- 2 Millage rate; due dates; payment methods.
25- 3 The city council, by ordinance, shall establish a millage
25- 4 rate for the city property tax, a due date, and the time
25- 5 period within which these taxes must be paid. The city
25- 6 council, by ordinance, may provide for the payment of these
25- 7 taxes by installments or in one lump sum, as well as
25- 8 authorize the voluntary payment of taxes prior to the time
25- 9 when due.
25-10 SECTION 6.12.
25-11 Occupation and business taxes.
25-12 The city council by ordinance shall have the power to levy
25-13 such occupation or business taxes as are not denied by law.
25-14 Such taxes may be levied on both individuals and
25-15 corporations who transact business in this city or who
25-16 practice or offer to practice any profession or calling
25-17 therein to the extent such persons have a constitutionally
25-18 sufficient nexus to this city to be so taxed. The city
25-19 council may classify businesses, occupations, professions,
25-20 or callings for the purpose of such taxation in any way
25-21 which may be lawful and may compel the payment of such taxes
25-22 as provided in Section 6.18.
25-23 SECTION 6.13.
25-24 Licenses; permits; fees.
25-25 The city council by ordinance shall have the power to
25-26 require any individuals or corporations who transact
25-27 business in this city or who practice or offer to practice
25-28 any professional or calling therein to obtain a license or
25-29 permit for such activity from the city and pay a reasonable
25-30 fee for such license or permit where such activities are not
25-31 now regulated by general law in such a way as to preclude
25-32 city regulations. Such fees may reflect the total cost to
25-33 the city of regulating the activity and, if unpaid, shall be
25-34 collected as provided in Section 6.18. The city council by
25-35 ordinance may establish reasonable requirements for
25-36 obtaining or keeping such licenses as the public health,
25-37 safety, and welfare necessitate.
25-38 SECTION 6.14.
25-39 The city council shall have the power to grant franchises
25-40 for the use of this city's streets and alleys for the
25-41 purposes of railroads, street railways, telephone companies,
-25-
26- 1 electric companies, cable television, gas companies,
26- 2 transportation companies, and other similar organizations.
26- 3 The city council shall determine the duration, terms,
26- 4 whether the same shall be exclusive or nonexclusive, and the
26- 5 consideration for such franchises; provided, however, no
26- 6 franchise shall be granted unless the city receives just and
26- 7 adequate compensation therefor. The city council shall
26- 8 provide for the registration of all franchises with the city
26- 9 clerk in a registration book kept by the clerk. The city
26-10 council may provide by ordinance for the registration within
26-11 a reasonable time of all franchises previously granted.
26-12 SECTION 6.15.
26-13 Service charges.
26-14 The city council by ordinance shall have the power to assess
26-15 and collect fees, charges, and tolls for sewers, sanitary
26-16 and health services, or any other services provided or made
26-17 available inside or outside the corporate limits of the city
26-18 for the total cost to the city of providing or making
26-19 available such services. If unpaid, such charges shall be
26-20 collected as provided in Section 6.18.
26-21 SECTION 6.16.
26-22 Special assessments.
26-23 The city council by ordinance shall have the power to assess
26-24 and collect the cost of constructing, reconstructing,
26-25 widening, or improving any public way, street, sidewalk,
26-26 curbing, gutters, sewers, or other utility mains and
26-27 appurtenances from the abutting property owners under such
26-28 terms and conditions as are reasonable. If unpaid, such
26-29 charges shall be collected as provided in Section 6.18.
26-30 SECTION 6.17.
26-31 Construction; other taxes.
26-32 This city shall be empowered to levy any other tax allowed
26-33 now or hereafter by law, and the specific mention of any
26-34 right, power, or authority in this article shall not be
26-35 construed as limiting in any way the general powers of this
26-36 city to govern its local affairs.
26-37 SECTION 6.18.
26-38 Collection of delinquent taxes and fees.
26-39 The city council, by ordinance, may provide generally for
26-40 the collection of delinquent taxes, fees, or other revenue
26-41 due the city under Sections 6.10 through 6.17 by whatever
26-42 reasonable means as are not precluded by law. This shall
-26-
27- 1 include providing for the dates when the taxes or fees are
27- 2 due; late penalties or interest; issuance and execution of
27- 3 fi. fa.'s; creation and priority of liens; making delinquent
27- 4 taxes and fees personal debts of the persons required to pay
27- 5 the taxes or fees imposed; revoking city licenses for
27- 6 failure to pay any city taxes or fees; and providing for the
27- 7 assignment or transfer of tax executions.
27- 8 SECTION 6.19.
27- 9 General obligation bonds.
27-10 The city council shall have the power to issue bonds for the
27-11 purpose of raising revenue to carry out any project,
27-12 program, or venture authorized under this charter or the
27-13 laws of the state. Such bonding authority shall be
27-14 exercised in accordance with the laws governing bond
27-15 issuance by municipalities in effect at the time said issue
27-16 is undertaken.
27-17 SECTION 6.20.
27-18 Revenue bonds.
27-19 Revenue bonds may be issued by the city council as state law
27-20 now or hereafter provides. Such bonds are to be paid out of
27-21 any revenue produced by the project, program, or venture for
27-22 which they were issued.
27-23 SECTION 6.21.
27-24 Short-term loans.
27-25 The city may obtain short-term loans and must repay such
27-26 loans not later than December 31 of each year, unless
27-27 otherwise provided by law.
27-28 SECTION 6.22.
27-29 The city council shall set the fiscal year by ordinance.
27-30 This fiscal year shall constitute the budget year and the
27-31 year for financial accounting and reporting of each and
27-32 every office, department, agency, and activity of the city
27-33 government.
27-34 SECTION 6.23.
27-35 Preparation of budgets.
27-36 The city council shall provide an ordinance on the
27-37 procedures and requirements for the preparation and
27-38 execution of an annual operating budget, a capital
27-39 improvement program, and a capital budget, including
-27-
28- 1 requirements as to the scope, content, and form of such
28- 2 budgets and programs.
28- 3 SECTION 6.24.
28- 4 Submission of operating budget to city council.
28- 5 On or before a date fixed by the city council but not later
28- 6 than 45 days prior to the beginning of each fiscal year, the
28- 7 mayor shall submit to the city council a proposed operating
28- 8 budget for the ensuing fiscal year. The budget shall be
28- 9 accompanied by a message from the mayor containing a
28-10 statement of the general fiscal policies of the city, the
28-11 important features of the budget, explanations of major
28-12 changes recommended for the next fiscal year, a general
28-13 summary of the budget, and such other comments and
28-14 information as he or she may deem pertinent. The operating
28-15 budget and the capital improvements budget, the budget
28-16 message, and all supporting documents shall be filed in the
28-17 office of the city clerk and shall be open to public
28-18 inspection.
28-19 SECTION 6.25.
28-20 Action by city council on budget.
28-21 (a) The city council may amend the operating budget proposed
28-22 by the mayor except that the budget as finally amended and
28-23 adopted must provide for all expenditures required by state
28-24 law or by other provisions of this charter and for all debt
28-25 service requirements for the ensuing fiscal year; and the
28-26 total appropriations from any fund shall not exceed the
28-27 estimated fund balance, reserves, and revenues.
28-28 (b) The city council by ordinance shall adopt the final
28-29 operating budget for the ensuing fiscal year not later than
28-30 the thirty-first day of January each year. If the city
28-31 council fails to adopt the budget by this date, the amounts
28-32 appropriated for operation for the current fiscal year shall
28-33 be deemed adopted for the ensuing fiscal year on a
28-34 month-to-month basis, with all items prorated accordingly
28-35 until such time as the city council adopts a budget for the
28-36 ensuing fiscal year. Adoption of the budget shall take the
28-37 form of an appropriations ordinance setting out the
28-38 estimated revenues in detail by sources and making
28-39 appropriations according to fund and by organizational unit,
28-40 purpose, or activity as set out in the budget preparation
28-41 ordinance adopted pursuant to Section 6.23.
28-42 (c) The amount set out in the adopted operating budget for
28-43 each organizational unit shall constitute the annual
-28-
29- 1 appropriation for such, and no expenditure shall be made or
29- 2 encumbrance created in excess of the otherwise encumbered
29- 3 balance of the appropriation or allotment thereof to which
29- 4 it is chargeable.
29- 5 SECTION 6.26.
29- 6 Following adoption of the operating budget, the city council
29- 7 shall levy by ordinance such taxes as are necessary. The
29- 8 taxes and tax rates set by such ordinance shall be such that
29- 9 reasonable estimates of revenues from such levy shall at
29-10 least be sufficient, together with other anticipated
29-11 revenues, fund balances, and applicable reserves, to equal
29-12 the total amount appropriated for each of the several funds
29-13 set forth in the annual operating budget for defraying the
29-14 expenses of the general government of this city.
29-15 SECTION 6.27.
29-16 Changes in appropriations.
29-17 The city council by ordinance may make changes in the
29-18 appropriations contained in the current operating budget at
29-19 any regular meeting, special meeting, or emergency meeting
29-20 called for such purpose, but any additional appropriations
29-21 may be made only from an existing unexpended surplus.
29-22 SECTION 6.28.
29-23 Capital improvements budget.
29-24 (a) On or before the date fixed by the city council but no
29-25 later than 45 days prior to the beginning of each fiscal
29-26 year, the mayor shall submit to the city council a proposed
29-27 capital improvements budget with his or her recommendations
29-28 as to the means of financing the improvements proposed for
29-29 the ensuing fiscal year. The city council shall have power
29-30 to accept, with or without amendments, or reject the
29-31 proposed program and proposed means of financing. The city
29-32 council shall not authorize an expenditure for the
29-33 constructing of any building, structure, work, or
29-34 improvement, unless the appropriations for such project are
29-35 included in the capital improvements budget, except to meet
29-36 a public emergency as provided in Section 2.24.
29-37 (b) The city council shall adopt by ordinance the final
29-38 capital improvements budget for the ensuing fiscal year not
29-39 later than the thirty-first day of January of each year. No
29-40 appropriation provided for in a prior capital improvement
29-41 budget shall lapse until the purpose for which the
-29-
30- 1 appropriation was made shall have been accomplished or
30- 2 abandoned; provided, however, that the mayor may submit
30- 3 amendments to the capital improvements budget at any time
30- 4 during the fiscal year, accompanied by his or her
30- 5 recommendations. Any such amendments to the capital
30- 6 improvements budget shall become effective only upon
30- 7 adoption by ordinance.
30- 8 SECTION 6.29.
30- 9 Independent audit.
30-10 There shall be an annual independent audit of all city
30-11 accounts, funds, and financial transactions by a certified
30-12 public accountant selected by the city council. The audit
30-13 shall be conducted according to generally accepted auditing
30-14 principles. Any audit of any funds by the state or federal
30-15 governments may be accepted as satisfying the requirements
30-16 of this charter. Copies of all audit reports shall be
30-17 available at printing costs to the public.
30-18 SECTION 6.30.
30-19 Contracting procedures.
30-20 No contract with the city shall be binding on the city
30-21 unless:
30-22 (1) It is in writing;
30-23 (2) It is drawn by or submitted and reviewed by the city
30-24 attorney and, as a matter of course, it is signed by him
30-25 or her to indicate such drafting or review; and
30-26 (3) It is made or authorized by the city council and
30-27 such approval is entered in the city journal of
30-28 proceedings pursuant to Section 2.21.
30-29 SECTION 6.31.
30-30 Centralized purchasing.
30-31 The city council shall by ordinance prescribe procedures for
30-32 a system of centralized purchasing for the city.
30-33 SECTION 6.32.
30-34 Sale of city property.
30-35 (a) The city council may sell and convey any real or
30-36 personal property owned or held by the city for governmental
30-37 or other purposes as now or hereafter provided by law.
30-38 (b) The city council may quitclaim any rights it may have in
30-39 property not needed for public purposes upon report by the
30-40 mayor and adoption of a resolution, both finding that the
-30-
31- 1 property is not needed for public or other purposes and that
31- 2 the interest of the city has no readily ascertainable
31- 3 monetary value.
31- 4 (c) Whenever in opening, extending, or widening any street,
31- 5 avenue, alley, or public place of the city, a small parcel
31- 6 or tract of land is cut off or separated by such work from a
31- 7 larger tract or boundary of land owned by the city, the city
31- 8 council may authorize the mayor to execute and deliver in
31- 9 the name of the city a deed conveying said cut-off or
31-10 separated parcel or tract of land to an abutting or
31-11 adjoining property owner or owners in exchange for rights of
31-12 way of said street, avenue, alley, or public place when such
31-13 swap is deemed to be in the best interest of the city. All
31-14 deeds and conveyances heretofore and hereafter so executed
31-15 and delivered shall convey all title and interest the city
31-16 has in such property, notwithstanding the fact that no
31-17 public sale after advertisement was or is hereafter made.
31-18 GENERAL PROVISIONS
31-19 SECTION 7.10.
31-20 Bonds for officials.
31-21 The officers and employees of this city, both elective and
31-22 appointive, shall execute such surety or fidelity bonds in
31-23 such amounts and upon such terms and conditions as the city
31-24 council shall from time to time require by ordinance or as
31-25 may be provided by law.
31-26 SECTION 7.11.
31-27 Prior ordinances.
31-28 All ordinances, resolutions, rules, and regulations now in
31-29 force in the city not inconsistent with this charter are
31-30 hereby declared valid and of full effect and force until
31-31 amended or repealed by the city council.
31-32 SECTION 7.12.
31-33 First election under this charter.
31-34 The first municipal election held under this charter shall
31-35 be on the Tuesday following the first Monday in November,
31-36 2001, at which the mayor and four councilmember positions
31-37 shall be filled. Each councilmember elected shall serve a
31-38 term as provided in Section 2.11.
31-39 SECTION 7.13.
31-40 Existing personnel and officers.
-31-
32- 1 Except as specifically provided otherwise by this charter,
32- 2 all personnel and officers of the city and their rights,
32- 3 privileges, and powers shall continue beyond the time this
32- 4 charter takes effect for a period of 365 days before or
32- 5 during which the existing city council shall pass a
32- 6 transition ordinance detailing the changes in personnel and
32- 7 appointive officers required or desired and arranging such
32- 8 titles, rights, privileges, and powers as may be required or
32- 9 desired to allow a reasonable transition.
32-10 SECTION 7.14.
32-11 Pending matters.
32-12 Except as specifically provided otherwise by this charter,
32-13 all rights, claims, actions, orders, contracts, and legal or
32-14 administrative proceedings shall continue, and any such
32-15 ongoing work or cases shall be completed by such city
32-16 agencies, personnel, or offices as may be provided by the
32-17 city council.
32-18 SECTION 7.15.
32-19 Construction.
32-20 (a) Section captions in this charter are informative only
32-21 and are not to be considered as a part thereof.
32-22 (b) The word "shall" is mandatory, and the word "may" is
32-23 permissive.
32-24 (c) The singular shall include the plural, the masculine
32-25 shall include the feminine, and vice versa.
32-26 SECTION 7.16.
32-27 Severability.
32-28 If any article, section, subsection, paragraph, sentence, or
32-29 part thereof of this charter shall be held to be invalid or
32-30 unconstitutional, such invalidity or unconstitutionality
32-31 shall not affect or impair other parts of this charter
32-32 unless it clearly appears that such other parts are wholly
32-33 and necessarily dependent upon the part held to be invalid
32-34 or unconstitutional, it being the legislative intent in
32-35 enacting this charter that each article, section,
32-36 subsection, paragraph, sentence or part thereof be enacted
32-37 separately and independently of each other.
32-38 SECTION 7.17.
32-39 Specific Repealer.
-32-
33- 1 An Act incorporating the City of Bostwick in the County of
33- 2 Morgan, approved August 8, 1916 (Ga. L. 1916, p. 588), is
33- 3 repealed in its entirety.
33- 4 SECTION 7.18.
33- 5 Effective date.
33- 6 This charter shall become effective on July 1, 1998.
33- 7 SECTION 7.19.
33- 8 All laws and parts of laws in conflict with this Act are
33- 9 repealed.
-33-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98