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| HB 1873 - Fort Gaines, City of; new charter |
First Reader Summary
A BILL to provide a new charter for the City of Fort Gaines; and
for other purposes.
| House
| Action
| Senate
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| 3/6/98
| Read 1st Time
| 3/12/98
|
| 3/9/98
| Read 2nd Time
|
|
| 3/10/98
| Favorably Reported
| 3/18/98
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| 3/10/98
| Read 3rd Time
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| 3/10/98
| Passed/Adopted
| 3/18/98
|
| 3/27/98
| Sent to Governor
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| 4/2/98
| Signed by Governor
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| 773
| Act/Veto Number
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| 7/1/98
| Effective Date
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HB 1873 LC 9 9525
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Fort Gaines; 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 removal from office relative to
1- 7 members of such governing authority; to provide for
1- 8 inquiries and investigations; to provide for oaths,
1- 9 organization, meetings, quorum, voting, rules, and
1-10 procedures; to provide for eminent domain; to provide for
1-11 ordinances and codes; to provide for a mayor and mayor pro
1-12 tem. and certain duties, powers, and other matters relative
1-13 thereto; to provide for administrative affairs and
1-14 responsibilities; to provide for boards, commissions, and
1-15 authorities; to provide for a city attorney, a city clerk,
1-16 and other personnel and matters relating thereto; to provide
1-17 for rules and regulations; to provide for a municipal court
1-18 and the judge or judges thereof and other matters relative
1-19 to those judges; to provide for the court's jurisdiction,
1-20 powers, practices, and procedures; to provide for the right
1-21 of certiorari; to provide for rules; to provide for
1-22 elections; to provide for taxation, licenses, and fees; to
1-23 provide for franchises, service charges, and assessments; to
1-24 provide for bonded and other indebtedness; to provide for
1-25 auditing, accounting, budgeting, and appropriations; to
1-26 provide for city contracts and purchasing; to provide for
1-27 the conveyance of property and interests therein; to
1-28 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
1-31 definitions and construction; to provide for other matters
1-32 relative to the foregoing; to provide for severability; to
1-33 repeal a specific Act; to provide for an effective date; to
1-34 repeal conflicting laws; and for other purposes.
1-35 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1-
2- 1 INCORPORATION AND POWERS
2- 2 SECTION 1.10.
2- 3 This city and the inhabitants thereof are reincorporated by
2- 4 the enactment of this charter and are hereby constituted and
2- 5 declared a body politic and corporate under the name and
2- 6 style City of Fort Gaines, Georgia, and by that name shall
2- 7 have perpetual existence.
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 to be retained permanently in the
2-15 City of Fort Gaines City Hall and to be identified by the
2-16 city clerk as "Official Map of the Corporate Limits of the
2-17 City of Fort Gaines, Georgia." Photographic, typed, or other
2-18 copy of such map or description certified by the City of
2-19 Fort Gaines shall be admitted as evidence in all courts and
2-20 shall have the same force and effect as with the original
2-21 map or description.
2-22 (b) The city council may provide for the redrawing of any
2-23 such map by ordinance to reflect lawful changes in the
2-24 corporate boundaries. A redrawn map shall supersede for all
2-25 purposes the entire map or maps which it is designated to
2-26 replace.
2-27 SECTION 1.12.
2-28 Powers and construction.
2-29 (a) This city shall have all powers possible for a city to
2-30 have under the present or future Constitution and laws of
2-31 this state as fully and completely as though they were
2-32 specifically enumerated in this charter. This city shall
2-33 have all the powers of self-government not otherwise
2-34 prohibited by this charter or by general law.
2-35 (b) The powers of this city shall be construed liberally in
2-36 favor of the city. The specific mention or failure to
2-37 mention particular powers shall not be construed as limiting
2-38 in any way the powers of this city.
-2-
3- 1 SECTION 1.13.
3- 2 Specific powers.
3- 3 The powers of the city shall include, but not be limited to,
3- 4 the following:
3- 5 (1) Animal regulations. To regulate and license or to
3- 6 prohibit the keeping or running at large of animals and
3- 7 fowl and to provide for the impoundment of same if in
3- 8 violation of any ordinance or lawful order; to provide
3- 9 for the disposition by sale, gift, or humane destruction
3-10 of animals and fowl when not redeemed as provided by
3-11 ordinance; and to provide punishment for violation of
3-12 ordinances enacted under this charter;
3-13 (2) Appropriations and expenditures. To make
3-14 appropriations for the support of the government of the
3-15 city; to authorize the expenditure of money for any
3-16 purposes authorized by this charter or for
3-17 municipalities by the laws of the State of Georgia and
3-18 to provide for the payment of 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 collection of regulatory fees and taxes on
3-26 privileges, occupations, trades, and professions as
3-27 authorized by Title 48 of the Official Code of Georgia
3-28 Annotated or such other applicable laws as are or may
3-29 hereafter be enacted; to permit and regulate the same;
3-30 to provide for the manner and method of payment of such
3-31 regulatory fees and taxes; and to revoke such permits
3-32 after due process for failure to pay any city taxes or
3-33 fees;
3-34 (5) Condemnation. To condemn property inside or outside
3-35 the corporate limits of the city for present or future
3-36 use and for any corporate purpose deemed necessary by
3-37 the governing authority, utilizing procedures provided
3-38 by the Official Code of Georgia Annotated;
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-
4- 1 (7) Emergencies. To establish procedures for determining
4- 2 and proclaiming that an emergency situation exists
4- 3 within or outside the city and to make and carry out all
4- 4 reasonable provisions deemed necessary to deal with or
4- 5 meet such an emergency for the protection, safety,
4- 6 health, or well-being of the citizens of the city;
4- 7 (8) Environmental protection. To protect and preserve
4- 8 the natural resources, environment, and vital areas of
4- 9 the city through the preservation and improvement of air
4-10 quality, the restoration and maintenance of water
4-11 resources, the control of erosion and sedimentation, the
4-12 management of solid and hazardous waste, and other
4-13 necessary actions for the protection of the environment;
4-14 (9) Fire regulations. To fix and establish fire limits
4-15 and from time to time to extend, enlarge, or restrict
4-16 the same; to prescribe fire safety regulations not
4-17 inconsistent with general law, relating to fire
4-18 prevention and detection and to fire fighting; and to
4-19 prescribe penalties and punishment for violations
4-20 thereof;
4-21 (10) Garbage fees. To levy, fix, assess, and collect a
4-22 garbage, refuse, and trash collection and disposal and
4-23 other sanitary service charge, tax, or fee for such
4-24 services as may be necessary in the operation of the
4-25 city from all individuals, firms, and corporations
4-26 residing in or doing business in the city benefiting
4-27 from such services or to whom such services are
4-28 available; to enforce the payment of such charges,
4-29 taxes, or fees; and to provide for the manner and method
4-30 of collecting such service charges;
4-31 (11) General health, safety, and welfare. To define,
4-32 regulate, and prohibit any act, practice, conduct, or
4-33 use of property which is detrimental to health,
4-34 sanitation, cleanliness, welfare, and safety of the
4-35 inhabitants of the city and to provide for the
4-36 enforcement of such standards;
4-37 (12) Gifts. To accept or refuse gifts, donations,
4-38 bequests, or grants from any source for any purpose
4-39 related to powers and duties of the city and the general
4-40 welfare of its citizens, on such terms and conditions as
4-41 the donor or grantor may impose;
-4-
5- 1 (13) Health and sanitation. To prescribe standards of
5- 2 health and sanitation and to provide for the enforcement
5- 3 of such standards;
5- 4 (14) Jail sentences. To provide that persons given jail
5- 5 sentences in the municipal court may work out such
5- 6 sentences in any public works or on the streets, roads,
5- 7 drains, and other public property in the city; or to
5- 8 provide for commitment of such persons to any county
5- 9 work camp or county jail by agreement with the
5-10 appropriate county officials;
5-11 (15) Motor vehicles. To regulate the operation of motor
5-12 vehicles and exercise control over all traffic,
5-13 including parking upon or across the streets, roads,
5-14 alleys, and walkways of the city;
5-15 (16) Municipal agencies and delegation of power. To
5-16 create, alter, or abolish departments, boards, offices,
5-17 commissions, and agencies of the city and to confer upon
5-18 such agencies the necessary and appropriate authority
5-19 for carrying out all the powers conferred upon or
5-20 delegated to the same;
5-21 (17) Municipal debts. To appropriate and borrow money
5-22 for the payment of debts of the city and to issue bonds
5-23 for the purpose of raising revenue to carry out any
5-24 project, program, or venture authorized by this charter
5-25 or the laws of the State of Georgia;
5-26 (18) Municipal property ownership. To acquire, dispose
5-27 of, lease, option, and hold in trust or otherwise any
5-28 real, personal, or mixed property, in fee simple or
5-29 lesser interest, inside or outside the property limits
5-30 of the city;
5-31 (19) Municipal property protection. To provide for the
5-32 preservation and protection of property and equipment of
5-33 the city and the administration and use of same by the
5-34 public; and to prescribe penalties and punishment for
5-35 violations thereof;
5-36 (20) Municipal utilities. To acquire, lease, construct,
5-37 operate, maintain, sell, and dispose of public
5-38 utilities, including but not limited to a system of
5-39 waterworks, sewers and drains, sewage disposal, gas
5-40 works, electric light plants, cable television and other
5-41 telecommunications, transportation facilities, public
5-42 airports, and any other public utility; and to fix the
-5-
6- 1 taxes, charges, rates, fares, fees, assessments,
6- 2 regulations, and penalties and to provide for the
6- 3 withdrawal of service for refusal or failure to pay the
6- 4 same;
6- 5 (21) Nuisance. To define a nuisance and provide for its
6- 6 abatement whether on public or private property;
6- 7 (22) Penalties. To provide penalties for violation of
6- 8 any ordinances adopted pursuant to the authority of this
6- 9 charter and the laws of the State of Georgia;
6-10 (23) Planning and zoning. To provide comprehensive city
6-11 planning for development by zoning; and to provide
6-12 subdivision regulation and the like as the city council
6-13 deems necessary and reasonable to ensure a safe,
6-14 healthy, and esthetically pleasing community;
6-15 (24) Police and fire protection. To exercise the power
6-16 of arrest through duly appointed police officers and to
6-17 establish, operate, or contract for a police and a
6-18 fire-fighting agency;
6-19 (25) Public hazards; removal. To provide for the
6-20 destruction and removal of any building or other
6-21 structure which is or may become dangerous or
6-22 detrimental to the public;
6-23 (26) Public improvements. To provide for the
6-24 acquisition, construction, building, operation, and
6-25 maintenance of public ways, parks and playgrounds,
6-26 recreational facilities, cemeteries, markets and market
6-27 houses, public buildings, libraries, public housing,
6-28 airports, hospitals, terminals, docks, parking
6-29 facilities, and charitable, cultural, educational,
6-30 recreational, conservation, sport, curative, corrective,
6-31 detentional, penal, and medical institutions, agencies,
6-32 and facilities; and to provide any other public
6-33 improvements, inside or outside the corporate limits of
6-34 the city; to regulate the use of public improvements;
6-35 and, for such purposes, property may be acquired by
6-36 condemnation under procedures provided by the Official
6-37 Code of Georgia Annotated;
6-38 (27) Public peace. To provide for the prevention and
6-39 punishment of drunkenness, riots, and public
6-40 disturbances;
6-41 (28) Public transportation. To organize and operate such
6-42 public transportation systems as are deemed beneficial;
-6-
7- 1 (29) Public utilities and services. To grant franchises
7- 2 or make contracts for or impose taxes on public
7- 3 utilities and public service companies; and to prescribe
7- 4 the rates, fares, regulations, and standards and
7- 5 conditions of service applicable to the service to be
7- 6 provided by the franchise grantee or contractor, insofar
7- 7 as not in conflict with valid regulations of the Georgia
7- 8 Public Service Commission;
7- 9 (30) Regulation of roadside areas. To prohibit or
7-10 regulate and control the erection, removal, and
7-11 maintenance of signs, billboards, trees, shrubs, fences,
7-12 buildings, and any and all other structures or
7-13 obstructions upon or adjacent to the rights of way of
7-14 streets and roads or within view thereof, within or
7-15 abutting the corporate limits of the city; and to
7-16 prescribe penalties and punishment for violation of such
7-17 ordinances;
7-18 (31) Retirement. To provide and maintain a retirement
7-19 plan for officers and employees of the city;
7-20 (32) Roadways. To lay out, open, extend, widen, narrow,
7-21 establish or change the grade of, abandon or close,
7-22 construct, pave, curb, gutter, provide drainage for,
7-23 adorn with shade trees, or otherwise improve, maintain,
7-24 repair, clean, prevent erosion of, and light the roads,
7-25 alleys, and walkways within the corporate limits of the
7-26 city; and to grant franchises and rights of way
7-27 throughout the streets and roads and over the bridges
7-28 and viaducts for the use of public utilities; and to
7-29 require real estate owners to repair and maintain in a
7-30 safe condition the sidewalks adjoining their lots or
7-31 lands and to impose penalties for failure to do so;
7-32 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-33 necessary to assure the acquiring, constructing,
7-34 equipping, operating, maintaining, and extending of a
7-35 sanitary sewage disposal plant and sewerage system and
7-36 to levy on those to whom sewers and sewerage systems are
7-37 made available a sewer service fee, charge, or sewer tax
7-38 for the availability or use of the sewers; to provide
7-39 for the manner and method of collecting such service
7-40 charges and for enforcing payment of the same; and to
7-41 charge, impose, and collect a sewer connection fee or
7-42 fees to those connected with the system;
-7-
8- 1 (34) Solid waste disposal. To provide for the collection
8- 2 and disposal of garbage, rubbish, and refuse and to
8- 3 regulate the collection and disposal of garbage,
8- 4 rubbish, and refuse by others; and to provide for the
8- 5 separate collection of glass, tin, aluminum, cardboard,
8- 6 paper, and other recyclable materials and to provide for
8- 7 the sale of such items;
8- 8 (35) Special areas of public regulation. To regulate or
8- 9 prohibit junk dealers, pawn shops, the manufacture,
8-10 sale, or transportation of any intoxicating liquors, and
8-11 the use and sale of firearms; to regulate the
8-12 transportation, storage, and use of combustible,
8-13 explosive, and inflammable materials, the use of
8-14 lighting and heating equipment, and any other business
8-15 or situation which the city may deem to be dangerous to
8-16 persons or property; to regulate and control the conduct
8-17 of peddlers and itinerant traders, theatrical
8-18 performances, exhibitions, and shows of any kind, by
8-19 taxation or otherwise; and to license, tax, regulate, or
8-20 prohibit professional fortunetelling, palmistry, adult
8-21 bookstores, and massage parlors;
8-22 (36) Special assessments. To levy and provide for the
8-23 collection of special assessments to cover the costs for
8-24 any public improvements;
8-25 (37) Taxes: ad valorem. To levy and provide for the
8-26 assessment, valuation, revaluation, and collection of
8-27 taxes on all property subject to taxation;
8-28 (38) Taxes: other. To levy and collect such other taxes
8-29 as may be allowed now or in the future by law;
8-30 (39) Taxicabs. To regulate and license vehicles operated
8-31 for hire in the city; to limit the number of such
8-32 vehicles; to require the operators thereof to be
8-33 licensed; to require public liability insurance on such
8-34 vehicles in the amounts to be prescribed by ordinance;
8-35 and to regulate the parking of such vehicles;
8-36 (40) Urban redevelopment. To organize and operate an
8-37 urban redevelopment program; and
8-38 (41) Other powers. To exercise and enjoy all other
8-39 powers, functions, rights, privileges, and immunities
8-40 necessary or desirable to promote or protect the safety,
8-41 health, peace, security, good order, comfort,
8-42 convenience, or general welfare of the city and its
-8-
9- 1 inhabitants; and to exercise all implied powers
9- 2 necessary or desirable to carry into execution all
9- 3 powers granted in this charter as fully and completely
9- 4 as if such powers were fully stated in this charter; and
9- 5 to exercise all powers now or in the future authorized
9- 6 to be exercised by other municipal governments under
9- 7 other laws of the State of Georgia; and no listing of
9- 8 particular powers in this charter shall be held to be
9- 9 exclusive of others, nor restrictive of general words
9-10 and phrases granting powers, but shall be held to be in
9-11 addition to such powers unless expressly prohibited to
9-12 municipalities under the Constitution or applicable laws
9-13 of the State of Georgia.
9-14 SECTION 1.14.
9-15 Exercise of powers.
9-16 All powers, functions, rights, privileges, and immunities of
9-17 the city, its officers, agencies, or employees shall be
9-18 carried into execution as provided by this charter. If this
9-19 charter makes no provision, such shall be carried into
9-20 execution as provided by ordinance or as provided by
9-21 pertinent laws of the State of Georgia.
9-22 GOVERNMENT STRUCTURE
9-23 SECTION 2.10.
9-24 City council; creation; number; election.
9-25 The legislative authority of the government of this city,
9-26 except as otherwise specifically provided in this charter,
9-27 shall be vested in a city council to be composed of a mayor
9-28 and six councilmembers. The city council established in
9-29 this charter shall in all respects be a successor to and
9-30 continuation of the governing authority under prior law.
9-31 The mayor and councilmembers shall be elected in the manner
9-32 provided by general law and this charter.
9-33 SECTION 2.11.
9-34 City council;
9-35 terms and qualifications for office.
9-36 The members of the city council shall serve for terms of
9-37 four years and until their respective successors are elected
9-38 and qualified. No person shall be eligible to serve as
9-39 mayor or councilmember unless that person is 21 years of age
9-40 and has been a resident of the city for one year prior to
9-41 the date of the election of mayor or members of the city
-9-
10- 1 council; each shall continue to reside therein during that
10- 2 member's period of service and to be registered and
10- 3 qualified to vote in municipal elections of this city.
10- 4 SECTION 2.12.
10- 5 Vacancy; filling of vacancies.
10- 6 (a) Vacancies--The office of mayor or councilmember shall
10- 7 become vacant upon the occurrence of any event specified by
10- 8 the Constitution, Title 45 of the Official Code of Georgia
10- 9 Annotated, or such other applicable laws as are or may
10-10 hereafter be enacted.
10-11 (b) Filling of vacancies--A vacancy in the office of mayor
10-12 shall be filled for the remainder of the unexpired term, if
10-13 any, by appointment by the councilmembrs if less than six
10-14 months remain in the unexpired term, otherwise by an
10-15 election, as provided for in Section 5.14 of this charter
10-16 and in accordance with Titles 21 and 45 of the Official Code
10-17 of Georgia Annotated, or other such laws as are or may
10-18 hereafter be enacted. A vacancy in the office of
10-19 councilmember shall be filled for the remainder of the
10-20 unexpired term, if any, by appointment by the remaining
10-21 councilmembers and the mayor.
10-22 SECTION 2.13.
10-23 Compensation and expenses.
10-24 The mayor and councilmembers shall receive compensation and
10-25 expenses for their services as provided by ordinance.
10-26 SECTION 2.14.
10-27 Holding other offices; voting when financially interested.
10-28 (a) Elected and appointed officers of the city are trustees
10-29 and servants of the residents of the city and shall act in a
10-30 fiduciary capacity for the benefit of such residents.
10-31 (b) Neither the mayor nor any member of the city council
10-32 shall vote upon, sign, or veto any ordinance, resolution,
10-33 contract, or other matter in which that person is
10-34 financially interested.
10-35 SECTION 2.15.
10-36 Inquiries and investigations.
10-37 Following the adoption of an authorizing resolution, the
10-38 city council may make inquiries and investigations into the
10-39 affairs of the city and the conduct of any department,
10-40 office, or agency thereof and for this purpose may subpoena
10-41 witnesses, administer oaths, take testimony, and require the
-10-
11- 1 production of evidence. Any person who fails or refuses to
11- 2 obey a lawful order issued in the exercise of these powers
11- 3 by the city council shall be punished as provided by
11- 4 ordinance.
11- 5 SECTION 2.16.
11- 6 General power and authority of the city council.
11- 7 Except as otherwise provided by law or this charter, the
11- 8 city council shall be vested with all the powers of
11- 9 government of this city.
11-10 SECTION 2.17.
11-11 Eminent domain.
11-12 The city council is empowered to acquire, construct,
11-13 operate, and maintain public ways, parks, public grounds,
11-14 cemeteries, markets, market houses, public buildings,
11-15 libraries, sewers, drains, sewage treatment, waterworks,
11-16 electrical systems, gas systems, airports, hospitals, and
11-17 charitable, educational, recreational, sport, curative,
11-18 corrective, detentional, penal, and medical institutions,
11-19 agencies, and facilities, and any other public improvements
11-20 inside or outside the city and to regulate the use thereof
11-21 and, for such purposes, property may be condemned under
11-22 procedures established under general law applicable now or
11-23 as provided in the future.
11-24 SECTION 2.18.
11-25 Organizational meetings.
11-26 The city council shall hold an organizational meeting in
11-27 January following the regular election, as provided in
11-28 Section 5.11 of this charter. The meeting shall be called
11-29 to order by the city clerk and the oath of office shall be
11-30 administered to the newly elected members as follows:
11-31 "I do solemnly (swear) (affirm) that I will faithfully
11-32 perform the duties of (mayor) (councilmember) of this city
11-33 and that I will support and defend the charter thereof as
11-34 well as the Constitution and laws of the State of Georgia
11-35 and the United States of America."
11-36 SECTION 2.19.
11-37 Regular and special meetings.
11-38 (a) The city council shall hold regular meetings at such
11-39 times and places as shall be prescribed by ordinance.
11-40 (b) Special meetings of the city council may be held on call
11-41 of the mayor or three members of the city council. Notice
-11-
12- 1 of such special meeting shall be served on all other members
12- 2 personally, or by telephone personally, at least 24 hours in
12- 3 advance of the meeting. Such notice to councilmembers shall
12- 4 not be required if the mayor and all councilmembers are
12- 5 present when the special meeting is called. Such notice of
12- 6 any special meeting may be waived by a councilmember in
12- 7 writing before or after such a meeting, and attendance at
12- 8 the meeting shall also constitute a waiver of notice on any
12- 9 business transacted in such councilmember's presence. Only
12-10 the business stated in the call may be transacted at the
12-11 special meeting.
12-12 (c) All meetings of the city council shall be public to the
12-13 extent required by law, and notice to the public of special
12-14 meetings shall be made as fully as is reasonably possible as
12-15 provided by Code Section 50-14-1 of the Official Code of
12-16 Georgia Annotated or other such applicable laws as are or
12-17 may hereafter be enacted.
12-18 SECTION 2.20.
12-19 Rules of procedure.
12-20 (a) The city council shall adopt its rules of procedure and
12-21 order of business consistent with the provisions of this
12-22 charter and shall provide for keeping a journal of its
12-23 proceedings, which shall be a public record.
12-24 (b) All committees and committee chairs and officers of the
12-25 city council shall be appointed by the mayor and shall serve
12-26 at the pleasure of the mayor. The mayor shall have the
12-27 power to appoint new members to any committee at any time.
12-28 SECTION 2.21.
12-29 Quorum; voting.
12-30 Four councilmembers other than the mayor or the mayor and
12-31 three councilmembers shall constitute a quorum and shall be
12-32 authorized to transact business of the city council. Voting
12-33 on the adoption of ordinances shall be by voice vote, and
12-34 the vote shall be recorded in the journal; but any member of
12-35 the city council shall have the right to request a roll-call
12-36 vote, and such vote shall be recorded in the journal.
12-37 Except as otherwise provided in this charter, the
12-38 affirmative vote of four councilmembers or the mayor and
12-39 three councilmembers shall be required for the adoption of
12-40 any ordinance, resolution, or motion. The mayor shall vote
12-41 only in the event of a tie or in the event that an
12-42 affirmative or negative vote of the mayor shall constitute a
12-43 majority.
-12-
13- 1 SECTION 2.22.
13- 2 Ordinance form; procedures.
13- 3 (a) Every proposed ordinance should be introduced in writing
13- 4 and in the form required for final adoption. No ordinance
13- 5 shall contain a subject which is not expressed in its title.
13- 6 The enacting clause shall be "It is hereby ordained by the
13- 7 governing authority of the City of Fort Gaines," and every
13- 8 ordinance shall so begin.
13- 9 (b) An ordinance may be introduced by any councilmember and
13-10 be read at a regular or special meeting of the city council.
13-11 Ordinances shall be considered and adopted or rejected by
13-12 the city council in accordance with the rules which it shall
13-13 establish; provided, however, an ordinance shall not be
13-14 adopted the same day it is introduced, except for emergency
13-15 ordinances provided for in Section 2.24 of this charter.
13-16 Upon introduction of any ordinance, the clerk shall as soon
13-17 as possible distribute a copy to the mayor and to each
13-18 councilmember and shall file a reasonable number of copies
13-19 in the office of the clerk and at such other public places
13-20 as the city council may designate.
13-21 SECTION 2.23.
13-22 Action requiring an ordinance.
13-23 Acts of the city council which have the force and effect of
13-24 law shall be enacted by ordinance.
13-25 SECTION 2.24.
13-26 (a) To meet a public emergency affecting life, health,
13-27 property, or public peace, the city council may convene on
13-28 call of the mayor or three councilmembers and may promptly
13-29 adopt an emergency ordinance, but such ordinance may not
13-30 levy taxes; grant, renew, or extend a franchise; regulate
13-31 the rate charged by any public utility for its services; or
13-32 authorize the borrowing of money except for loans to be
13-33 repaid within 30 days. An emergency ordinance shall be
13-34 introduced in the form prescribed for ordinances generally,
13-35 except that it shall be plainly designated as an emergency
13-36 ordinance and shall contain, after the enacting clause, a
13-37 declaration stating that an emergency exists and describing
13-38 the emergency in clear and specific terms. An emergency
13-39 ordinance may be adopted, with or without amendment, or
13-40 rejected at the meeting at which it is introduced, but the
13-41 affirmative vote of at least three councilmembers shall be
13-42 required for adoption. It shall become effective upon
-13-
14- 1 adoption or at such later time as it may specify. Every
14- 2 emergency ordinance shall automatically stand repealed 30
14- 3 days following the date upon which it was adopted, but this
14- 4 shall not prevent reenactment of the ordinance in the manner
14- 5 specified in this section if the emergency still exists. An
14- 6 emergency ordinance may also be repealed by adoption of a
14- 7 repealing ordinance in the same manner specified in this
14- 8 section for adoption of emergency ordinances.
14- 9 (b) Such meetings shall be open to the public to the extent
14-10 required by law, and notice to the public of emergency
14-11 meetings shall be made as fully as is reasonably possible in
14-12 accordance with Code Section 50-14-1 of the Official Code of
14-13 Georgia Annotated or such other applicable laws as are or
14-14 may hereafter be enacted.
14-15 SECTION 2.25.
14-16 Codes of technical regulations.
14-17 (a) The city council may adopt any standard code of
14-18 technical regulations by reference thereto in an adopting
14-19 ordinance. The procedure and requirements governing such
14-20 adopting ordinance shall be as prescribed for ordinances
14-21 generally except that: (1) the requirements of subsection
14-22 (b) of Section 2.22 of this charter for distribution and
14-23 filing of copies of the ordinance shall be construed to
14-24 include copies of any code of technical regulations, as well
14-25 as the adopting ordinance; and (2) a copy of each adopted
14-26 code of technical regulations, as well as the adopting
14-27 ordinance, shall be authenticated and recorded by the clerk
14-28 pursuant to Section 2.26 of this charter.
14-29 (b) Copies of any adopted code of technical regulations
14-30 shall be made available by the clerk for inspection by the
14-31 public.
14-32 SECTION 2.26.
14-33 Signing; authenticating;
14-34 recording; codification; printing.
14-35 (a) The clerk shall authenticate by the clerk's signature
14-36 and record in full in a properly indexed book kept for that
14-37 purpose all ordinances adopted by the city council.
14-38 (b) The city council shall provide for the preparation of a
14-39 general codification of all the ordinances of the city
14-40 having the force and effect of law. The general
14-41 codification shall be adopted by the city council by
14-42 ordinance and shall be published promptly, together with all
-14-
15- 1 amendments thereto and such codes of technical regulations
15- 2 and other rules and regulations as the city council may
15- 3 specify. This compilation shall be known and cited
15- 4 officially as "The Code of the City of Fort Gaines,
15- 5 Georgia." Copies of the code shall be furnished to all
15- 6 officers, departments, and agencies of the city and made
15- 7 available for purchase by the public at a reasonable price
15- 8 as fixed by the city council.
15- 9 (c) The city council shall cause each ordinance and each
15-10 amendment to this charter to be printed promptly following
15-11 its adoption, and the printed ordinances and charter
15-12 amendments shall be made available for purchase by the
15-13 public at reasonable prices to be fixed by the city council.
15-14 Following publication of the first code under this charter
15-15 and at all times thereafter, the ordinances and charter
15-16 amendments shall be printed in substantially the same style
15-17 as the code currently in effect and shall be suitable in
15-18 form for incorporation therein. The city council shall make
15-19 such further arrangements as deemed desirable with
15-20 reproduction and distribution of any current changes in or
15-21 additions to codes of technical regulations and other rules
15-22 and regulations included in the code.
15-23 SECTION 2.27.
15-24 Election of mayor; forfeiture; compensation.
15-25 The mayor shall be elected and serve for a term of four
15-26 years and until a successor is elected and qualified. The
15-27 mayor shall be a qualified elector of this city and shall
15-28 have been a resident of the city for one year preceding the
15-29 election. The mayor shall continue to reside in this city
15-30 during the period of service. The mayor shall forfeit the
15-31 office on the same grounds and under the same procedure as
15-32 for councilmembers. The compensation of the mayor shall be
15-33 established in the same manner as for councilmembers.
15-34 SECTION 2.28.
15-35 Chief executive officer.
15-36 The mayor shall be the chief executive of this city. The
15-37 mayor shall possess all of the executive and administrative
15-38 power granted to the city under the Constitution and laws of
15-39 the State of Georgia and all the executive powers contained
15-40 in this charter.
-15-
16- 1 SECTION 2.29.
16- 2 Powers and duties of mayor.
16- 3 As the chief executive of this city, the mayor shall:
16- 4 (1) See that all laws and ordinances of the city are
16- 5 faithfully executed;
16- 6 (2) Exercise supervision over all executive and
16- 7 administrative work of the city and over all employees
16- 8 and departments of the city and provide for the
16- 9 coordination of administrative activities;
16-10 (3) Prepare and submit to the city council a recommended
16-11 operating budget and capital budget;
16-12 (4) Submit to the city council at least once a year a
16-13 statement covering the financial conditions of the city,
16-14 and, from time to time, such other information as the
16-15 city council may request;
16-16 (5) Recommend to the city council such measures relative
16-17 to the affairs of the city, improvement of the
16-18 government, and promotion of the welfare of its
16-19 inhabitants as the mayor may deem expedient;
16-20 (6) Call special meetings of the city council as
16-21 provided for in subsection (b) of Section 2.19 of this
16-22 charter;
16-23 (7) Preside at all meetings of the city council and vote
16-24 in the event of a tie vote of the council or in the
16-25 event that an affirmative or negative vote of the mayor
16-26 shall constitute a majority;
16-27 (8) Provide for an annual audit of all accounts of the
16-28 city;
16-29 (9) Require any department or agency of the city to
16-30 submit written reports whenever the mayor deems it
16-31 expedient; and
16-32 (10) Perform such other duties as may be required by
16-33 law, this charter, or by ordinance.
16-34 SECTION 2.30.
16-35 Mayor pro tem.; selection; duties.
16-36 By a majority vote, the city council shall elect a
16-37 councilmember to serve as mayor pro tem. In the mayor's
16-38 absence, the mayor pro tem. shall preside at meetings of the
16-39 city council and shall assume the duties and powers of the
-16-
17- 1 mayor upon the mayor's physical or mental disability,
17- 2 provided that the mayor pro tem. shall vote as a member of
17- 3 the council at all times when serving as herein provided.
17- 4 ADMINISTRATIVE AFFAIRS
17- 5 SECTION 3.10.
17- 6 Administrative and service departments.
17- 7 (a) Except as otherwise provided in this charter, the city
17- 8 council, by ordinance, shall prescribe the functions or
17- 9 duties and establish, abolish, alter, consolidate, or leave
17-10 vacant all nonelective offices, positions of employment,
17-11 departments, and agencies of the city as necessary for the
17-12 proper administration of the affairs and government of this
17-13 city.
17-14 (b) Except as otherwise provided by this charter or by law,
17-15 the directors of city departments and other appointed
17-16 officers of the city shall be appointed solely on the basis
17-17 of their respective administrative and professional
17-18 qualifications.
17-19 (c) All appointive officers and directors of departments
17-20 shall receive such compensation as prescribed by ordinance.
17-21 (d) There shall be a director of each department or agency
17-22 who shall be its principal officer. Each director shall,
17-23 subject to the direction and supervision of the mayor, be
17-24 responsible for the administration and direction of the
17-25 affairs and operations of that director's department or
17-26 agency.
17-27 (e) All appointive officers, directors, and department heads
17-28 under the supervision of the mayor shall be nominated by the
17-29 mayor with confirmation of appointment by the city council.
17-30 All appointive officers, directors, and department heads
17-31 shall be employees at will and subject to removal or
17-32 suspension at any time by the mayor and council unless
17-33 otherwise provided by law or ordinance.
17-34 SECTION 3.11.
17-35 Boards, commissions, and authorities.
17-36 (a) The city council shall create by ordinance such boards,
17-37 commissions, and authorities to fulfill any investigative,
17-38 quasi-judicial, or quasi-legislative function the city
17-39 council deems necessary and shall by ordinance establish the
-17-
18- 1 composition, period of existence, duties, and powers
18- 2 thereof.
18- 3 (b) All members of boards, commissions, and authorities of
18- 4 the city shall be appointed by the city council for such
18- 5 terms of office and in such manner as shall be provided by
18- 6 ordinance, except where other appointing authority, terms of
18- 7 office, or manner of appointment is prescribed by this
18- 8 charter or by law.
18- 9 (c) The city council, by ordinance, may provide for the
18-10 compensation and reimbursement for actual and necessary
18-11 expenses of the members of any board, commission, or
18-12 authority.
18-13 (d) Except as otherwise provided by charter or by law, no
18-14 member of any board, commission, or authority shall hold any
18-15 elective office in the city.
18-16 (e) Any vacancy on a board, commission, or authority of the
18-17 city shall be filled for the unexpired term in the manner
18-18 prescribed in this charter for original appointment, except
18-19 as otherwise provided by this charter or by law.
18-20 (f) No member of a board, commission, or authority shall
18-21 assume office until that person has executed and filed with
18-22 the clerk of the city an oath obligating that person to
18-23 perform faithfully and impartially the duties of that
18-24 member's office, such oath to be prescribed by ordinance and
18-25 administered by the mayor.
18-26 (g) All board members serve at will and may be removed at
18-27 any time by a vote of four members of the city council
18-28 unless otherwise provided by law.
18-29 (h) Except as otherwise provided by this charter or by law,
18-30 each board, commission, or authority of the city shall elect
18-31 one of its members as chair and one member as vice chair and
18-32 may elect as its secretary one of its own members or may
18-33 appoint as secretary an employee of the city. Each board,
18-34 commission, or authority of the city government may
18-35 establish such bylaws, rules, and regulations, not
18-36 inconsistent with this charter, ordinances of the city, or
18-37 law, as it deems appropriate and necessary for the
18-38 fulfillment of its duties or the conduct of its affairs.
18-39 Copies of such bylaws, rules, and regulations shall be filed
18-40 with the city clerk.
-18-
19- 1 SECTION 3.12.
19- 2 City attorney.
19- 3 The city council shall appoint a city attorney, together
19- 4 with such assistant city attorneys as may be authorized, and
19- 5 shall provide for the payment of such attorney or attorneys
19- 6 for services rendered to the city. The city attorney shall
19- 7 be responsible for providing for the representation and
19- 8 defense of the city in all litigation in which the city is a
19- 9 party; may be the prosecuting officer in the municipal
19-10 court; shall attend the meetings of the city council as
19-11 directed; shall advise the city council, mayor, and other
19-12 officers and employees of the city concerning legal aspects
19-13 of the city's affairs; and shall perform such other duties
19-14 as may be required by virtue of such person's position as
19-15 city attorney.
19-16 SECTION 3.13.
19-17 The city council shall appoint a city clerk who shall not be
19-18 a councilmember. The city clerk shall be custodian of the
19-19 official city seal and city records; maintain city council
19-20 records required by this charter; and perform such other
19-21 duties as may be required by the city council.
19-22 SECTION 3.14.
19-23 Personnel policies.
19-24 All employees serve at will and may be removed from office
19-25 at any time unless otherwise provided by ordinance.
19-26 JUDICIAL BRANCH
19-27 SECTION 4.10.
19-28 Municipal court; creation.
19-29 There shall be a court to be known as the Municipal Court of
19-30 the City of Fort Gaines.
19-31 SECTION 4.11.
19-32 Chief judge; associate judge.
19-33 (a) The municipal court shall be presided over by a chief
19-34 judge and such part-time, full-time, or stand-by judges as
19-35 shall be provided by ordinance.
19-36 (b) No person shall be qualified or eligible to serve as a
19-37 judge on the municipal court unless that person shall have
19-38 attained the age of 21 years, shall be a member of the State
-19-
20- 1 Bar of Georgia, and shall possess all qualifications
20- 2 required by law. All judges shall be appointed by the city
20- 3 council and shall serve until a successor is appointed and
20- 4 qualified.
20- 5 (c) Compensation of the judges shall be fixed by ordinance.
20- 6 (d) Judges serve at will and may be removed from office at
20- 7 any time by the city council unless otherwise provided by
20- 8 ordinance.
20- 9 (e) Before assuming office, each judge shall take an oath,
20-10 given by the mayor, that such judge will honestly and
20-11 faithfully discharge the duties of the office to the best
20-12 that person's ability and without fear, favor, or
20-13 partiality. The oath shall be entered upon the minutes of
20-14 the city council journal required in Section 2.20 of this
20-15 charter.
20-16 SECTION 4.12.
20-17 The municipal court shall be convened at regular intervals
20-18 as provided by ordinance.
20-19 SECTION 4.13.
20-20 Jurisdiction; powers.
20-21 (a) The municipal court shall try and punish violations of
20-22 this charter, all city ordinances, and such other violations
20-23 as provided by law.
20-24 (b) The municipal court shall have authority to punish those
20-25 in its presence for contempt, provided that such punishment
20-26 shall not exceed $200.00 or ten days in jail.
20-27 (c) The municipal court may fix punishment for offenses
20-28 within its jurisdiction not exceeding a fine of $1,000.00 or
20-29 imprisonment for 180 days or both such fine and imprisonment
20-30 or may fix punishment by fine, imprisonment, or alternative
20-31 sentencing, as now or hereafter provided by law.
20-32 (d) The municipal court shall have authority to establish a
20-33 schedule of fees to defray the cost of operation and shall
20-34 be entitled to reimbursement of the cost of meals,
20-35 transportation, and caretaking of prisoners bound over to
20-36 superior courts for violations of state law.
20-37 (e) The municipal court shall have authority to establish
20-38 bail and recognizances to ensure the presence of those
20-39 charged with violations before such court and shall have
-20-
21- 1 discretionary authority to accept cash or personal or real
21- 2 property as surety for the appearance of persons charged
21- 3 with violations. Whenever any person shall give bail for
21- 4 that person's appearance and shall fail to appear at the
21- 5 time fixed for trial, the bond shall be forfeited by the
21- 6 judge presiding at such time and an execution issued thereon
21- 7 by serving the defendant and the defendant's sureties with a
21- 8 rule nisi at least two days before a hearing on the rule
21- 9 nisi. In the event that cash or property is accepted in
21-10 lieu of bond for security for the appearance of a defendant
21-11 at trial, and if such defendant fails to appear at the time
21-12 and place fixed for trial, the cash so deposited shall be on
21-13 order of the judge declared forfeited to the city, or the
21-14 property so deposited shall have a lien against it for the
21-15 value forfeited which lien shall be enforceable in the same
21-16 manner and to the same extent as a lien for city property
21-17 taxes.
21-18 (f) The municipal court shall have the same authority as
21-19 superior courts to compel the production of evidence in the
21-20 possession of any party; to enforce obedience to its orders,
21-21 judgments, and sentences; and to administer such oaths as
21-22 are necessary.
21-23 (g) The municipal court may compel the presence of all
21-24 parties necessary to a proper disposal of each case by the
21-25 issuance of summonses, subpoenas, and warrants which may be
21-26 served as executed by any officer as authorized by this
21-27 charter or by law.
21-28 (h) Each judge of the municipal court shall be authorized to
21-29 issue warrants for the arrest of persons charged with
21-30 offenses against any ordinance of the city, and each judge
21-31 of the municipal court shall have the same authority as a
21-32 magistrate of the state to issue warrants for offenses
21-33 against state laws committed within the city.
21-34 SECTION 4.14.
21-35 The right of certiorari from the decision and judgment of
21-36 the municipal court shall exist in all criminal cases and
21-37 ordinance violation cases, and such certiorari shall be
21-38 obtained under the sanction of a judge of the Superior Court
21-39 of Clay County under the laws of the State of Georgia
21-40 regulating the granting and issuance of writs of certiorari.
-21-
22- 1 SECTION 4.15.
22- 2 Rules for court.
22- 3 With the approval of the city council, the judge of the
22- 4 municipal court shall have full power and authority to make
22- 5 reasonable rules and regulations necessary and proper to
22- 6 secure the efficient and successful administration of the
22- 7 municipal court; provided, however, that the city council
22- 8 may adopt in part or in toto the rules and regulations
22- 9 applicable to municipal courts. The rules and regulations
22-10 made or adopted shall be filed with the city clerk, shall be
22-11 available for public inspection, and, upon request, a copy
22-12 shall be furnished to all defendants in municipal court
22-13 proceedings at least 48 hours prior to such proceedings.
22-14 ELECTIONS AND REMOVAL
22-15 SECTION 5.10.
22-16 Applicability of general law.
22-17 All primaries and elections shall be held and conducted in
22-18 accordance with Chapter 3 of Title 21 of the Official Code
22-19 of Georgia Annotated, the "Georgia Municipal Election Code,"
22-20 as now or hereafter amended.
22-21 SECTION 5.11.
22-22 Regular elections; time for holding.
22-23 Beginning in 1999, and every four years thereafter, on the
22-24 Tuesday following the first Monday in November, there shall
22-25 be an election for four members of the city council.
22-26 Beginning in 2001, and every four years thereafter, on the
22-27 Tuesday following the first Monday in November, there shall
22-28 be an election for the office of mayor and two members of
22-29 the city council. The terms of office shall begin at the
22-30 organizational meeting as provided for in Section 2.18 of
22-31 this charter.
22-32 SECTION 5.12.
22-33 Nonpartisan elections.
22-34 Political parties shall not conduct primaries for city
22-35 offices, and all names of candidates for city offices shall
22-36 be listed without party designations.
22-37 SECTION 5.13.
22-38 Election by majority.
22-39 The person receiving a majority of the votes cast for any
22-40 city office shall be elected.
-22-
23- 1 SECTION 5.14.
23- 2 Special elections; vacancies.
23- 3 In the event that the office of councilmember shall become
23- 4 vacant as provided in Section 2.12 of this charter, the city
23- 5 council or those remaining shall appoint a successor for the
23- 6 remainder of the term. In the event that the office of
23- 7 mayor shall become vacant as provided in Section 2.12 of
23- 8 this charter, the remainder of the unexpired term shall be
23- 9 filled by appointment by the city councilmembers if less
23-10 than six months remain on the unexpired term, otherwise, by
23-11 a special election. The special election shall be held and
23-12 conducted in accordance with Chapter 3 of Title 21 of the
23-13 Official Code of Georgia Annotated, the "Georgia Municipal
23-14 Election Code," as now or hereafter amended.
23-15 SECTION 5.15.
23-16 Other provisions.
23-17 Except as otherwise provided by this charter, the city
23-18 council shall, by ordinance, prescribe such rules and
23-19 regulations as it deems appropriate to fulfill any options
23-20 and duties under Chapter 3 of Title 21 of the Official Code
23-21 of Georgia Annotated, the "Georgia Municipal Election Code."
23-22 SECTION 5.16.
23-23 Removal of officers.
23-24 (a) The mayor, councilmember, or other appointed officers
23-25 provided for in this charter shall be removed from office
23-26 for any one or more of the causes provided in Title 45 of
23-27 the Official Code of Georgia Annotated or such other
23-28 applicable laws as are or may hereafter be enacted.
23-29 (b) Removal of an officer pursuant to subsection (a) of this
23-30 section shall be accomplished by one of the following
23-31 methods:
23-32 (1) Following a hearing at which an impartial panel
23-33 shall render a decision. In the event an elected officer
23-34 is sought to be removed by the action of the city
23-35 council, such officer shall be entitled to a written
23-36 notice specifying the ground or grounds for removal and
23-37 to a public hearing which shall be held not less than
23-38 ten days after the service of such written notice. The
23-39 city council shall provide by ordinance for the manner
23-40 in which such hearings shall be held. Any elected
23-41 officer sought to be removed from office as provided in
23-42 this section shall have the right of appeal from the
-23-
24- 1 decision of the city council to the Superior Court of
24- 2 Clay County. Such appeal shall be governed by the same
24- 3 rules as govern appeals to the superior court from the
24- 4 probate court; or
24- 5 (2) By an order of the Superior Court of Clay County
24- 6 following a hearing on a complaint seeking such removal
24- 7 brought by any resident of the City of Fort Gaines.
24- 8 SECTION 6.10.
24- 9 Property tax.
24-10 The city council may assess, levy, and collect an ad valorem
24-11 tax on all real and personal property within the corporate
24-12 limits of the city that is subject to such taxation by the
24-13 state and county. This tax is for the purpose of raising
24-14 revenues to defray the costs of operating the city
24-15 government, of providing governmental services, for the
24-16 repayment of principal and interest on general obligations,
24-17 and for any other public purpose as determined by the city
24-18 council in its discretion.
24-19 SECTION 6.11.
24-20 Millage rate; due dates; payment methods.
24-21 The city council, by ordinance, shall establish a millage
24-22 rate for the city property tax, a due date, and the time
24-23 period within which these taxes must be paid. The city
24-24 council, by ordinance, may provide for the payment of these
24-25 taxes by installments or in one lump sum, as well as
24-26 authorize the voluntary payment of taxes prior to the time
24-27 when due.
24-28 SECTION 6.12.
24-29 Occupation and business taxes.
24-30 The city council, by ordinance, shall have the power to levy
24-31 such occupation or business taxes as are not denied by law.
24-32 The city council may classify businesses, occupations, or
24-33 professions for the purpose of such taxation in any way
24-34 which may be lawful and may compel the payment of such taxes
24-35 as provided in Section 6.18 of this charter.
24-36 SECTION 6.13.
24-37 Regulatory fees; permits.
24-38 The city council, by ordinance, shall have the power to
24-39 require businesses or practitioners doing business in this
-24-
25- 1 city to obtain a permit for such activity from the city and
25- 2 pay a reasonable regulatory fee for such permit as provided
25- 3 by general law. Such fees shall reflect the total cost to
25- 4 the city of regulating the activity and, if unpaid, shall be
25- 5 collected as provided in Section 6.18 of this charter.
25- 6 SECTION 6.14.
25- 7 (a) The city council shall have the power to grant
25- 8 franchises for the use of this city's streets and alleys for
25- 9 the purposes of railroads, street railways, telephone
25-10 companies, electric companies, electric membership
25-11 corporations, cable television and other telecommunications
25-12 companies, gas companies, transportation companies, and
25-13 other similar organizations. The city council shall
25-14 determine the duration, terms, whether the same shall be
25-15 exclusive or nonexclusive, and the consideration for such
25-16 franchises; provided, however, no franchise shall be granted
25-17 for a period in excess of 35 years, and no franchise shall
25-18 be granted unless the city receives just and adequate
25-19 compensation therefor. The city council shall provide for
25-20 the registration of all franchises with the city clerk in a
25-21 registration book kept by the city clerk. The city council
25-22 may provide by ordinance for the registration within a
25-23 reasonable time of all franchises previously granted.
25-24 (b) If no franchise agreement is in effect, the city council
25-25 has the authority to impose a tax on gross receipts for the
25-26 use of this city's streets and alleys for the purposes of
25-27 railroads, street railways, telephone companies, electric
25-28 companies, electric membership corporations, cable
25-29 television and other telecommunications companies, gas
25-30 companies, transportation companies, and other similar
25-31 organizations.
25-32 SECTION 6.15.
25-33 Service charges.
25-34 The city council, by ordinance, shall have the power to
25-35 assess and collect fees, charges, and tolls for sewers,
25-36 sanitary and health services, or any other services provided
25-37 or made available within and outside the corporate limits of
25-38 the city for the total cost to the city of providing or
25-39 making available such services. If unpaid, such charges
25-40 shall be collected as provided in Section 6.18 of this
25-41 charter.
-25-
26- 1 SECTION 6.16.
26- 2 Special assessments.
26- 3 The city council, by ordinance, shall have the power to
26- 4 assess and collect the cost of constructing, reconstructing,
26- 5 widening, or improving any public way, street, sidewalk,
26- 6 curbing, gutters, sewers, or other utility mains and
26- 7 appurtenances from the abutting property owners under such
26- 8 terms and conditions as are reasonable. If unpaid, such
26- 9 charges shall be collected as provided in Section 6.18 of
26-10 this charter.
26-11 SECTION 6.17.
26-12 Construction; other taxes and fees.
26-13 The city shall be empowered to levy any other tax or fee
26-14 allowed now or hereafter by law, and the specific mention of
26-15 any right, power, or authority in this article shall not be
26-16 construed as limiting in any way the general powers of this
26-17 city to govern its local affairs.
26-18 SECTION 6.18.
26-19 Collection of delinquent taxes and fees.
26-20 The city council, by ordinance, may provide generally for
26-21 the collection of delinquent taxes, fees, or other revenue
26-22 due the city under Sections 6.10 through 6.17 of this
26-23 charter by whatever reasonable means as are not precluded by
26-24 law. This shall include providing for the dates when the
26-25 taxes or fees are due; late penalties or interest; issuance
26-26 and execution of fi. fas.; creation and priority of liens;
26-27 making delinquent taxes and fees the personal debts of the
26-28 persons required to pay the taxes or fees imposed; revoking
26-29 city permits for failure to pay any city taxes or fees; and
26-30 providing for the assignment or transfer of tax executions.
26-31 SECTION 6.19.
26-32 General obligation bonds.
26-33 The city council shall have the power to issue bonds for the
26-34 purpose of raising revenue to carry out any project,
26-35 program, or venture authorized under this charter or the
26-36 laws of the state. Such bonding authority shall be
26-37 exercised in accordance with the laws governing bond
26-38 issuance by municipalities in effect at the time such issue
26-39 is undertaken.
-26-
27- 1 SECTION 6.20.
27- 2 Revenue bonds.
27- 3 Revenue bonds may be issued by the city council as state law
27- 4 now or hereafter provides. Such bonds are to be paid out of
27- 5 any revenue produced by the project, program, or venture for
27- 6 which they were issued.
27- 7 SECTION 6.21.
27- 8 Short-term loans.
27- 9 The city may obtain short-term loans and must repay such
27-10 loans not later than December 31 of each year, unless
27-11 otherwise provided by law.
27-12 SECTION 6.22.
27-13 Lease-purchase contracts.
27-14 The city may enter into multiyear lease, purchase, or
27-15 lease-purchase contracts for the acquisition of goods,
27-16 materials, real and personal property, services, and
27-17 supplies, provided the contract terminates without further
27-18 obligation on the part of the municipality at the close of
27-19 the calendar year in which it was executed and at the close
27-20 of each succeeding calendar year for which it may be
27-21 renewed. Contracts must be executed in accordance with the
27-22 requirements of Code Section 36-60-13 of the Official Code
27-23 of Georgia Annotated, or other such applicable laws as are
27-24 or may hereafter be enacted.
27-25 SECTION 6.23.
27-26 The city council shall set the fiscal year by ordinance.
27-27 This fiscal year shall constitute the budget year and the
27-28 year for financial accounting and reporting of each and
27-29 every office, department, agency, and activity of the city
27-30 government.
27-31 SECTION 6.24.
27-32 Preparation of budgets.
27-33 The city council shall provide an ordinance on the
27-34 procedures and requirements for the preparation and
27-35 execution of an annual operating budget, a capital
27-36 improvement plan, and a capital budget, including
27-37 requirements as to the scope, content, and form of such
27-38 budgets and plans.
-27-
28- 1 SECTION 6.25.
28- 2 Submission of operating budget to city council.
28- 3 On or before a date fixed by the city council but not later
28- 4 than 60 days prior to the beginning of each fiscal year, the
28- 5 mayor shall submit to the city council a proposed operating
28- 6 budget for the ensuing fiscal year. The budget shall be
28- 7 accompanied by a message from the mayor containing a
28- 8 statement of the general fiscal policies of the city, the
28- 9 important features of the budget, explanations of major
28-10 changes recommended for the next fiscal year, a general
28-11 summary of the budget, and such other pertinent comments and
28-12 information. The operating budget and the capital budget
28-13 hereinafter provided for, the budget message, and all
28-14 supporting documents shall be filed in the office of the
28-15 city clerk and shall be open to public inspection.
28-16 SECTION 6.26.
28-17 Action by city council on budget.
28-18 (a) The city council may amend the operating budget proposed
28-19 by the mayor, except that the budget as finally amended and
28-20 adopted must provide for all expenditures required by state
28-21 law or by other provisions of this charter and for all debt
28-22 service requirements for the ensuing fiscal year. The total
28-23 appropriations from any fund shall not exceed the estimated
28-24 fund balance, reserves, and revenues.
28-25 (b) The city council, by ordinance, shall adopt the final
28-26 operating budget for the ensuing fiscal year not later than
28-27 the beginning date of each fiscal year. If the city council
28-28 fails to adopt the budget by this date, the amounts
28-29 appropriated for operation for the then current fiscal year
28-30 shall be deemed adopted for the ensuing fiscal year on a
28-31 month-to-month basis, with all items prorated accordingly,
28-32 until such time as the city council adopts a budget for the
28-33 ensuing fiscal year. Adoption of the budget shall take the
28-34 form of an appropriations ordinance setting out the
28-35 estimated revenues in detail by sources and making
28-36 appropriations according to fund and by organizational unit,
28-37 purpose, or activity as set out in the budget preparation
28-38 ordinance adopted pursuant to Section 6.24 of this charter.
28-39 (c) The amount set out in the adopted operating budget for
28-40 each organizational unit shall constitute the annual
28-41 appropriation for such, and no expenditure shall be made or
28-42 encumbrance created in excess of the otherwise unencumbered
-28-
29- 1 balance of the appropriations or allotment thereof to which
29- 2 it is chargeable.
29- 3 SECTION 6.27.
29- 4 The city council shall levy by ordinance such taxes as are
29- 5 necessary. The taxes and tax rates set by such ordinance
29- 6 shall be such that reasonable estimates of revenues from
29- 7 such levy shall at least be sufficient, together with other
29- 8 anticipated revenues, fund balances, and applicable
29- 9 reserves, to equal the total amount appropriated for each of
29-10 the several funds set forth in the annual operating budget
29-11 for defraying the expenses of the general government of this
29-12 city.
29-13 SECTION 6.28.
29-14 Changes in appropriations.
29-15 The city council, by ordinance, may make changes in the
29-16 appropriations contained in the current operating budget at
29-17 any regular meeting or special or emergency meeting called
29-18 for such purpose, but any additional appropriations may be
29-19 made only from an existing unexpended surplus.
29-20 SECTION 6.29.
29-21 Independent audit.
29-22 There shall be an annual independent audit of all city
29-23 accounts, funds, and financial transactions by a certified
29-24 public accountant selected by the city council. The audit
29-25 shall be conducted according to generally accepted auditing
29-26 principles. Any audit of any funds by the state or federal
29-27 governments may be accepted as satisfying the requirements
29-28 of this charter. Copies of annual audit reports shall be
29-29 available at printing costs to the public.
29-30 SECTION 6.30.
29-31 Contracting procedures.
29-32 No contract with the city shall be binding on the city
29-33 unless:
29-34 (1) It is in writing;
29-35 (2) It is drawn by or submitted and reviewed by the city
29-36 attorney and, as a matter of course, is signed by the
29-37 city attorney to indicate such drafting or review; and
-29-
30- 1 (3) It is made or authorized by the city council and
30- 2 such approval is entered in the city council journal of
30- 3 proceedings pursuant to Section 2.21 of this charter.
30- 4 SECTION 6.31.
30- 5 Centralized purchasing.
30- 6 The city council, by ordinance, shall prescribe procedures
30- 7 for a system of centralized purchasing for the city.
30- 8 SECTION 6.32.
30- 9 Sale and lease of city property.
30-10 (a) The city council may sell and convey or lease any real
30-11 or personal property owned or held by the city for
30-12 governmental or other purposes as now or hereafter provided
30-13 by law.
30-14 (b) The city council may quitclaim any rights it may have in
30-15 property not needed for public purposes upon report by the
30-16 mayor and adoption of a resolution, both finding that the
30-17 property is not needed for public or other purposes and that
30-18 the interest of the city has no readily ascertainable
30-19 monetary value.
30-20 (c) Whenever in opening, extending, or widening any street,
30-21 avenue, alley, or public place of the city a small parcel or
30-22 tract of land is cut off or separated by such work from a
30-23 larger tract or boundary of land owned by the city, the city
30-24 council may authorize the mayor to sell and convey said
30-25 cut-off or separated parcel or tract of land to an abutting
30-26 or adjoining property owner or owners where such sale and
30-27 conveyance facilitates the highest and best use of the
30-28 abutting owner's property. Included in the sales contract
30-29 shall be a provision for the rights of way of said street,
30-30 avenue, alley, or public place. Each abutting property
30-31 owner shall be notified of the availability of the property
30-32 and given the opportunity to purchase said property under
30-33 such terms and conditions as set out by ordinance. All
30-34 deeds and conveyances heretofore and hereafter so executed
30-35 and delivered shall convey all title and interest the city
30-36 has in such property, notwithstanding the fact that no
30-37 public sale after advertisement was or is hereafter made.
-30-
31- 1 GENERAL PROVISIONS
31- 2 SECTION 7.10.
31- 3 Bonds for officials.
31- 4 The officers and employees of this city, both elective and
31- 5 appointive, shall execute such surety or fidelity bonds in
31- 6 such amounts and upon such terms and conditions as the city
31- 7 council shall from time to time require by ordinance or as
31- 8 may be provided by law.
31- 9 SECTION 7.11.
31-10 Prior ordinances.
31-11 All ordinances, resolutions, rules, and regulations now in
31-12 force in the city and not inconsistent with this charter are
31-13 declared valid and of full effect and force until amended or
31-14 repealed by the city council.
31-15 SECTION 7.12.
31-16 Existing personnel and officers.
31-17 Except as specifically provided otherwise by this charter,
31-18 all personnel and officers of this city and their rights,
31-19 privileges, and powers shall continue beyond the time this
31-20 charter takes effect for a period of 180 days before or
31-21 during which time the existing city council shall pass a
31-22 transition ordinance detailing the changes in personnel and
31-23 appointive officers required or desired and arranging such
31-24 titles, rights, privileges, and powers as may be required or
31-25 desired to allow a reasonable transition.
31-26 SECTION 7.13.
31-27 Pending matters.
31-28 Except as specifically provided otherwise by this charter,
31-29 all rights, claims, actions, orders, contracts, and legal or
31-30 administrative proceedings shall continue, and any such
31-31 ongoing work or cases shall be completed by such city
31-32 agencies, personnel, or offices as may be provided by the
31-33 city council.
31-34 SECTION 7.14.
31-35 Construction and definitions.
31-36 (a) Section captions in this charter are informative only
31-37 and are not be considered as a part thereof.
31-38 (b) The word "shall" is mandatory and the word "may" is
31-39 permissive.
-31-
32- 1 (c) The singular shall include the plural, the masculine
32- 2 shall include the feminine, and vice versa.
32- 3 SECTION 7.15.
32- 4 Severability.
32- 5 If any article, section, subsection, paragraph, sentence, or
32- 6 part thereof of this charter shall be held to be invalid or
32- 7 unconstitutional, such invalidity or unconstitutionality
32- 8 shall not affect nor impair other parts of this charter
32- 9 unless it clearly appears that such other parts are wholly
32-10 and necessarily dependent upon the part held to be invalid
32-11 or unconstitutional, it being the legislative intent in
32-12 enacting this charter that each article, section,
32-13 subsection, paragraph, sentence, or part thereof be enacted
32-14 separately and independently of each other.
32-15 SECTION 7.16.
32-16 Specific repealer.
32-17 An Act incorporating the City of Fort Gaines in the County
32-18 of Clay, State of Georgia, approved August 12, 1914 (Ga. L.
32-19 1914, p. 836), as amended, is repealed in its entirety.
32-20 SECTION 7.17.
32-21 Effective date.
32-22 This Act shall become effective on July 1, 1998.
32-23 SECTION 7.18.
32-24 General repealer.
32-25 All laws and parts of laws in conflict with this Act are
32-26 repealed.
-32-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98