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| HB 653 - Blythe, City of; new charter |
First Reader Summary
A BILL to provide a new charter for the City of Blythe; and for
other purposes.
| House
| Action
| Senate
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| 2/18/97
| Read 1st Time
| 3/4/97
|
| 2/20/97
| Read 2nd Time
|
|
| 3/3/97
| Favorably Reported
| 3/7/97
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| 3/3/97
| Read 3rd Time
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| 3/3/97
| Passed/Adopted
| 3/7/97
|
| 4/14/97
| Sent to Governor
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| 4/29/97
| Signed by Governor
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| 445
| Act/Veto Number
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| 7/1/97
| Effective Date
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HB 653 LC 21 4356
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Blythe; to provide
1- 2 for incorporation, boundaries, and powers of the city; to
1- 3 provide for a governing authority of such city and the
1- 4 powers, duties, authority, election, terms, vacancies,
1- 5 compensation, expenses, qualifications, prohibitions,
1- 6 conflicts of interest, and suspension and removal from
1- 7 office relative to members of such governing authority; to
1- 8 provide for inquiries and investigations; to provide for
1- 9 oaths, organization, meetings, quorum, voting, rules, and
1-10 procedures; to provide for ordinances and codes; to provide
1-11 for a mayor and mayor pro tempore and certain duties,
1-12 powers, and other matters relative thereto; to provide for
1-13 administrative affairs and responsibilities; to provide for
1-14 boards, commissions, and authorities; to provide for a city
1-15 attorney, a city clerk, and other personnel and matters
1-16 relating thereto; to provide for rules and regulations; to
1-17 provide for a municipal court and the judge or judges
1-18 thereof and other matters relative to those judges; to
1-19 provide for the court's jurisdiction, powers, practices, and
1-20 procedures; to provide for the right of certiorari; to
1-21 provide for elections; to provide for taxation, licenses,
1-22 and fees; to provide for franchises, service charges, and
1-23 assessments; to provide for bonded and other indebtedness;
1-24 to provide for auditing, accounting, budgeting, and
1-25 appropriations; to provide for city contracts and
1-26 purchasing; to provide for the conveyance of property; to
1-27 provide for bonds for officials; to provide for prior
1-28 ordinances and rules, pending matters, and existing
1-29 personnel; to provide for penalties; to provide for
1-30 definitions and construction; to provide for other matters
1-31 relative to the foregoing; to provide for severability; to
1-32 repeal a specific Act; to provide for an effective date; to
1-33 repeal conflicting laws; and for other purposes.
1-34 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1-
2- 1 CHARTER, CITY LIMITS, AND CORPORATE 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 constituted and
2- 5 declared a body politic and corporate under the name and
2- 6 style City of Blythe, Georgia, and by that name shall have
2- 7 perpetual succession.
2- 8 SECTION 1.11.
2- 9 Corporate boundaries.
2-10 (a) The corporate boundaries of this city shall be as
2-11 described and set forth in Appendix A attached hereto.
2-12 (b) The city council may provide for changes in Appendix A
2-13 by ordinance to reflect lawful changes in the corporate
2-14 boundaries.
2-15 SECTION 1.12.
2-16 Powers and construction.
2-17 (a) This city shall have all powers possible for a city to
2-18 have under the present or future Constitution and laws of
2-19 this state as fully and completely as though they were
2-20 specifically enumerated in this charter. This city shall
2-21 have all the powers of self-government not otherwise
2-22 prohibited by this charter or by general law.
2-23 (b) The powers of this city shall be construed liberally in
2-24 favor of the city. The specific mention or failure to
2-25 mention particular powers shall not be construed as limiting
2-26 in any way the powers of this city.
2-27 SECTION 1.13.
2-28 Specific powers.
2-29 (1) Animal regulations. To regulate and license or to
2-30 prohibit the keeping or running at large of animals and
2-31 fowl and to provide for the impoundment of same if in
2-32 violation of any ordinance or lawful order; to provide
2-33 for the disposition by sale, gift, or humane destruction
2-34 of animals and fowl when not redeemed as provided by
2-35 ordinance; and to provide punishment for violation of
2-36 ordinances enacted under this charter;
2-37 (2) Appropriations and expenditures. To make
2-38 appropriations for the support of the government of the
-2-
3- 1 city; to authorize the expenditure of money for any
3- 2 purposes authorized by this charter and for any purpose
3- 3 for which a municipality is authorized by the laws of
3- 4 the State of Georgia; and to provide for the payment of
3- 5 expenses of the city;
3- 6 (3) Building regulation. To regulate and to license the
3- 7 erection and construction of buildings and all other
3- 8 structures; to adopt building, housing, plumbing,
3- 9 electrical, gas, and heating and air-conditioning codes;
3-10 and to regulate all housing and building trades;
3-11 (4) Business regulation and taxation. To levy and to
3-12 provide for collection of regulatory fees and taxes on
3-13 privileges, occupations, trades, and professions as
3-14 authorized by Title 48 of the O.C.G.A., or such other
3-15 laws as are now or may hereafter be enacted; to permit
3-16 and regulate the same; to provide for the manner and
3-17 method of payment of such regulatory fees and taxes; and
3-18 to revoke such permits after due process for failure to
3-19 pay any city taxes or fees;
3-20 (5) Condemnation. To condemn property, inside or outside
3-21 the corporate limits of the city, for present or future
3-22 use and for any corporate purpose deemed necessary by
3-23 the governing authority, utilizing procedures enumerated
3-24 in Title 22 of the O.C.G.A. or such other applicable
3-25 laws as are now or may hereafter be enacted;
3-26 (6) Contracts. To enter into contracts and agreements
3-27 with other governmental entities and with private
3-28 persons, firms, and corporations;
3-29 (7) Emergencies. To establish procedures for determining
3-30 and proclaiming that an emergency situation exists
3-31 within or outside the city and to make and carry out all
3-32 reasonable provisions deemed necessary to deal with or
3-33 meet such an emergency for the protection, safety,
3-34 health, or well-being of the citizens of the city;
3-35 (8) Environmental protection. To protect and preserve
3-36 the natural resources, environment, and vital areas of
3-37 the state through the preservation and improvement of
3-38 air quality, the restoration and maintenance of water
3-39 resources, the control of erosion and sedimentation, the
3-40 management of solid and hazardous waste, and other
3-41 necessary actions for the protection of the environment;
-3-
4- 1 (9) Fire regulations. To fix and establish fire limits
4- 2 and from time to time to extend, enlarge, or restrict
4- 3 the same; to prescribe fire safety regulations not
4- 4 inconsistent with general law, relating to both fire
4- 5 prevention and detection and to fire fighting; and to
4- 6 prescribe penalties and punishment for violations
4- 7 thereof;
4- 8 (10) Garbage fees. To levy, fix, assess, and collect a
4- 9 garbage, refuse, and trash collection and disposal and
4-10 other sanitary service charge, tax, or fee for such
4-11 services as may be necessary in the operation of the
4-12 city from all individuals, firms, and corporations
4-13 residing in or doing business in the city benefiting
4-14 from such services; to enforce the payment of such
4-15 charges, taxes, or fees; and to provide for the manner
4-16 and method of collecting such service charges;
4-17 (11) General health, safety, and welfare. To define,
4-18 regulate, and prohibit any act, practice, conduct, or
4-19 use of property which is detrimental to health,
4-20 sanitation, cleanliness, welfare, and safety of the
4-21 inhabitants of the city and to provide for the
4-22 enforcement of such standards;
4-23 (12) Gifts. To accept or refuse gifts, donations,
4-24 bequests, or grants from any source for any purpose
4-25 related to powers and duties of the city and the general
4-26 welfare of its citizens, on such terms and conditions as
4-27 the donor or grantor may impose;
4-28 (13) Health and sanitation. To prescribe standards of
4-29 health and sanitation and to provide for the enforcement
4-30 of such standards;
4-31 (14) Jail sentences. To provide that persons given jail
4-32 sentences in the municipal court may work out such
4-33 sentences in any public works or on the streets, roads,
4-34 drains, and other public property in the city; to
4-35 provide for commitment of such persons to any jail; or
4-36 to provide for commitment of such persons to any county
4-37 work camp or county jail by agreement with the
4-38 appropriate county officials;
4-39 (15) Motor vehicles. To regulate the operation of motor
4-40 vehicles and exercise control over all traffic,
4-41 including parking upon or across the streets, roads,
4-42 alleys, and walkways of the city;
-4-
5- 1 (16) Municipal agencies and delegation of power. To
5- 2 create, alter, or abolish departments, boards, offices,
5- 3 commissions, and agencies of the city and to confer upon
5- 4 such agencies the necessary and appropriate authority
5- 5 for carrying out all the powers conferred upon or
5- 6 delegated to the same;
5- 7 (17) Municipal debts. To appropriate and borrow money
5- 8 for the payment of debts of the city and to issue bonds
5- 9 for the purpose of raising revenue to carry out any
5-10 project, program, or venture authorized by this charter
5-11 or the laws of the State of Georgia;
5-12 (18) Municipal property ownership. To acquire, dispose
5-13 of, lease, and hold in trust or otherwise any real,
5-14 personal, or mixed property, in fee simple or lesser
5-15 interest, inside or outside the property limits of the
5-16 city;
5-17 (19) Municipal property protection. To provide for the
5-18 preservation and protection of property and equipment of
5-19 the city and the administration and use of same by the
5-20 public; and to prescribe penalties and punishment for
5-21 violations thereof;
5-22 (20) Municipal utilities. To acquire, lease, construct,
5-23 operate, maintain, sell, and dispose of public
5-24 utilities, including but not limited to a system of
5-25 waterworks, sewers and drains, sewage disposal, gas
5-26 works, electric light plants, cable television and other
5-27 telecommunications, transportation facilities, public
5-28 airports, and any other public utility; and to fix the
5-29 taxes, charges, rates, fares, fees, assessments,
5-30 regulations, and penalties and to provide for the
5-31 withdrawal of service for refusal or failure to pay the
5-32 same;
5-33 (21) Nuisance. To define a nuisance and provide for its
5-34 abatement whether on public or private property;
5-35 (22) Penalties. To provide penalties for violation of
5-36 any ordinances adopted pursuant to the authority of this
5-37 charter and the laws of the State of Georgia;
5-38 (23) Planning and zoning. To provide comprehensive city
5-39 planning for development by zoning; and to provide
5-40 subdivision regulation and the like as the city council
5-41 deems necessary and reasonable to ensure a safe,
5-42 healthy, and esthetically pleasing community;
-5-
6- 1 (24) Police and fire protection. To exercise the power
6- 2 of arrest through duly appointed police officers and to
6- 3 establish, operate, or contract for a police and a
6- 4 fire-fighting agency;
6- 5 (25) Public hazards; removal. To provide for the
6- 6 destruction and removal of any building or other
6- 7 structure which is or may become dangerous or
6- 8 detrimental to the public;
6- 9 (26) Public improvements. To provide for the
6-10 acquisition, construction, building, operation, and
6-11 maintenance of public ways, parks and playgrounds,
6-12 recreational facilities, cemeteries, markets and market
6-13 houses, public buildings, libraries, public housing,
6-14 airports, hospitals, terminals, docks, parking
6-15 facilities, or charitable, cultural, educational,
6-16 recreational, conservation, sport, curative, corrective,
6-17 detentional, penal, and medical institutions, agencies,
6-18 and facilities; and to provide any other public
6-19 improvements, inside or outside the corporate limits of
6-20 the city; to regulate the use of public improvements;
6-21 and, for such purposes, property may be acquired by
6-22 condemnation under Title 22 of the O.C.G.A. or such
6-23 other applicable laws as are now or may hereafter be
6-24 enacted;
6-25 (27) Public peace. To provide for the prevention and
6-26 punishment of drunkenness, riots, and public
6-27 disturbances;
6-28 (28) Public transportation. To organize and operate such
6-29 public transportation systems as are deemed beneficial;
6-30 (29) Public utilities and services. To grant franchises
6-31 or make contracts for or impose taxes on public
6-32 utilities and public service companies and to prescribe
6-33 the rates, fares, regulations, and standards and
6-34 conditions of service applicable to the service to be
6-35 provided by the franchise grantee or contractor, insofar
6-36 as not in conflict with valid regulations of the Georgia
6-37 Public Service Commission;
6-38 (30) Regulation of roadside areas. To prohibit or
6-39 regulate and control the erection, removal, and
6-40 maintenance of signs, billboards, trees, shrubs, fences,
6-41 buildings, and any and all other structures or
6-42 obstructions upon or adjacent to the rights of way of
6-43 streets and roads or within view thereof, within or
-6-
7- 1 abutting the corporate limits of the city; and to
7- 2 prescribe penalties and punishment for violation of such
7- 3 ordinances;
7- 4 (31) Retirement. To provide and maintain a retirement
7- 5 plan for officers and employees of the city;
7- 6 (32) Roadways. To lay out, open, extend, widen, narrow,
7- 7 establish or change the grade of, abandon or close,
7- 8 construct, pave, curb, gutter, adorn with shade trees,
7- 9 or otherwise improve, maintain, repair, clean, prevent
7-10 erosion of, and light the roads, alleys, and walkways
7-11 within the corporate limits of the city; to grant
7-12 franchises and rights of way throughout the streets and
7-13 roads and over the bridges and viaducts for the use of
7-14 public utilities; and to require real estate owners to
7-15 repair and maintain in a safe condition the sidewalks
7-16 adjoining their lots or lands and to impose penalties
7-17 for failure to do so;
7-18 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-19 necessary to assure the acquiring, constructing,
7-20 equipping, operating, maintaining, and extending of a
7-21 sewage disposal plant and sewerage system and to levy on
7-22 those to whom sewers and sewerage systems are made
7-23 available a sewer service fee, charge, or sewer tax for
7-24 the availability or use of the sewers; to provide for
7-25 manner and method of collecting such service charges and
7-26 for enforcing payment of the same; and to charge,
7-27 impose, and collect a sewer connection fee or fees to
7-28 those connected with the system;
7-29 (34) Solid waste disposal. To provide for the collection
7-30 and disposal of garbage, rubbish, and refuse and to
7-31 regulate the collection and disposal of garbage,
7-32 rubbish, and refuse by others; and to provide for the
7-33 separate collection of glass, tin, aluminum, cardboard,
7-34 paper, and other recyclable materials and to provide for
7-35 the sale of such items;
7-36 (35) Special areas of public regulation. To regulate or
7-37 prohibit junk dealers, pawn shops, the manufacture,
7-38 sale, or transportation of any intoxicating liquors, and
7-39 the use and sale of firearms; to regulate the
7-40 transportation, storage, and use of combustible,
7-41 explosive, and inflammable materials, the use of
7-42 lighting and heating equipment, and any other business
7-43 or situation which may be dangerous to persons or
-7-
8- 1 property; to regulate and control the conduct of
8- 2 peddlers and itinerant traders, theatrical performances,
8- 3 exhibitions, and shows of any kind, by taxation or
8- 4 otherwise; and to license, tax, regulate, or prohibit
8- 5 professional fortunetelling, palmistry, adult
8- 6 bookstores, and massage parlors;
8- 7 (36) Special assessments. To levy and provide for the
8- 8 collection of special assessments to cover the costs for
8- 9 any public improvements;
8-10 (37) Taxes: ad valorem. To levy and provide for
8-11 assessment, valuation, revaluation, and collection of
8-12 taxes on all property subject to taxation;
8-13 (38) Taxes: other. To levy and collect such other taxes
8-14 as may be allowed now or in the future by law;
8-15 (39) Taxicabs. To regulate and license vehicles operated
8-16 for hire in the city; to limit the number of such
8-17 vehicles; to require the operators thereof to be
8-18 licensed; to require public liability insurance on such
8-19 vehicles in the amounts to be prescribed by ordinance;
8-20 and to regulate the parking of such vehicles;
8-21 (40) Urban redevelopment. To organize and operate an
8-22 urban redevelopment program; and
8-23 (41) Other powers. To exercise and enjoy all other
8-24 powers, functions, rights, privileges, and immunities
8-25 necessary or desirable to promote or protect the safety,
8-26 health, peace, security, good order, comfort,
8-27 convenience, or general welfare of the city and its
8-28 inhabitants; and to exercise all implied powers
8-29 necessary or desirable to carry into execution all
8-30 powers granted in this charter as fully and completely
8-31 as if such powers were fully stated in this charter; and
8-32 to exercise all powers now or in the future authorized
8-33 to be exercised by other municipal governments under
8-34 other laws of the State of Georgia; and no listing of
8-35 particular powers in this charter shall be held to be
8-36 exclusive of others, nor restrictive of general words
8-37 and phrases granting powers, but shall be held to be in
8-38 addition to such powers unless expressly prohibited to
8-39 municipalities under the Constitution or applicable laws
8-40 of the State of Georgia.
-8-
9- 1 SECTION 1.14.
9- 2 Exercise of powers.
9- 3 All powers, functions, rights, privileges, and immunities of
9- 4 the city, its officers, agencies, or employees shall be
9- 5 carried into execution as provided by this charter. If this
9- 6 charter makes no provision, such shall be carried into
9- 7 execution as provided by ordinance or as provided by
9- 8 pertinent laws of the State of Georgia.
9- 9 GOVERNMENT STRUCTURE
9-10 SECTION 2.10.
9-11 Town council creation; number; election.
9-12 The legislative authority of the government of this city,
9-13 except as otherwise specifically provided in this charter,
9-14 shall be vested in a city council to be composed of a mayor
9-15 and four councilmembers. The city council established in
9-16 this charter shall in all respects be a successor to and
9-17 continuation of the city governing authority under prior
9-18 law. The mayor and councilmembers shall be elected in the
9-19 manner provided by this charter.
9-20 SECTION 2.11.
9-21 terms and qualifications for office.
9-22 The members of the city council shall serve for terms of
9-23 four years and until their respective successors are elected
9-24 and qualified. No person shall be eligible to serve as
9-25 mayor or councilmember unless that person shall have been a
9-26 resident of the city for 12 months prior to the date of the
9-27 election of mayor or members of the council; each shall
9-28 continue to reside therein during that person's period of
9-29 service and to be registered and qualified to vote in
9-30 municipal elections of this city. The present mayor and
9-31 councilmembers shall continue to serve until the end of
9-32 their elected term.
9-33 SECTION 2.12.
9-34 Vacancy; filling of vacancies.
9-35 (a) Vacancies--The office of mayor or councilmember shall
9-36 become vacant upon the occurrence of any event specified by
9-37 the Constitution of the State of Georgia, Title 45 of the
9-38 O.C.G.A., or such other applicable laws as are now or may
9-39 hereafter be enacted.
-9-
10- 1 (b) Filling of vacancies--A vacancy in the office of mayor
10- 2 or councilmember shall be filled for the remainder of the
10- 3 unexpired term, if any, by appointment if less than 12
10- 4 months remains in the unexpired term, otherwise by an
10- 5 election as provided in Section 5.14 of this charter and in
10- 6 accordance with Titles 21 and 45 of the O.C.G.A. or other
10- 7 such laws as are now or may hereafter be enacted.
10- 8 SECTION 2.13.
10- 9 Compensation and expenses.
10-10 The mayor and councilmembers shall receive compensation and
10-11 expenses for their services as provided by ordinance.
10-12 SECTION 2.14.
10-13 Conflicts of interest; holding other offices.
10-14 (a) Fiduciary capacity--Elected and appointed officers of
10-15 the city are trustees and servants of the residents of the
10-16 city and shall act in a fiduciary capacity for the benefit
10-17 of such residents.
10-18 (b) Conflict of interest--No elected official, appointed
10-19 officer, or employee of the city or any agency or political
10-20 entity to which this charter applies shall knowingly:
10-21 (1) Engage in any business or transaction or have a
10-22 financial or other personal interest, direct or
10-23 indirect, which is incompatible with the proper
10-24 discharge of that person's official duties or which
10-25 would tend to impair the independence of that official's
10-26 judgment or action in the performance of that official's
10-27 official duties;
10-28 (2) Engage in or accept private employment or render
10-29 services for private interests when such employment or
10-30 service is incompatible with the proper discharge of
10-31 that person's official duties or would tend to impair
10-32 the independence of the official's judgment or action in
10-33 the performance of those official duties;
10-34 (3) Disclose confidential information, including
10-35 information obtained at meetings which are closed
10-36 pursuant to Chapter 14 of Title 50 of the O.C.G.A.,
10-37 concerning the property, government, or affairs of the
10-38 governmental body by which that person is engaged
10-39 without proper legal authorization or use such
10-40 information to advance the financial or other private
10-41 interest of that person or others;
-10-
11- 1 (4) Accept any valuable gift, whether in the form of
11- 2 service, loan, thing, or promise, from any person, firm,
11- 3 or corporation which to that person's knowledge is
11- 4 interested, directly or indirectly, in any manner
11- 5 whatsoever, in business dealings with the governmental
11- 6 body by which the official is engaged; provided,
11- 7 however, that an elected official who is a candidate for
11- 8 public office may accept campaign contributions and
11- 9 services in connection with any such campaign;
11-10 (5) Represent other private interests in any action or
11-11 proceeding against this city or any portion of its
11-12 government; or
11-13 (6) Vote or otherwise participate in the negotiation or
11-14 in the making of any contract with any business or
11-15 entity in which that person has a financial interest.
11-16 (c) Disclosure--Any elected official, appointed officer, or
11-17 employee who shall have any financial interest, directly or
11-18 indirectly, in any contract or matter pending before or
11-19 within any department of the city shall disclose such
11-20 private interest to the city council. The mayor or any
11-21 councilmember who has a financial interest in any matter
11-22 pending before the city council shall disclose such interest
11-23 and such disclosure shall be entered on the records of the
11-24 city council, and that person shall disqualify himself or
11-25 herself from participating in any decision or vote relating
11-26 thereto. Any elected official, appointed officer, or
11-27 employee of any agency or political entity to which this
11-28 charter applies who shall have any financial interest,
11-29 directly or indirectly, in any contract or matter pending
11-30 before or within such entity shall disclose such private
11-31 interest to the governing body of such agency or entity.
11-32 (d) Use of public property--No elected official, appointed
11-33 officer, or employee of the city or any agency or entity to
11-34 which this charter applies shall use property owned by such
11-35 governmental entity for personal benefit, convenience, or
11-36 profit except in accordance with policies promulgated by the
11-37 city council or the governing body of such agency or entity.
11-38 (e) Contracts voidable and rescindable--Any violation of
11-39 this section which occurs with the knowledge, express or
11-40 implied, of a party to a contract or sale shall render such
11-41 contract or sale voidable at the option of the city council.
11-42 (f) Ineligibility of elected official--Except where
11-43 authorized by law, no councilmember nor the mayor shall hold
-11-
12- 1 any other elective or compensated appointive office in the
12- 2 city or otherwise be employed by the government or any
12- 3 agency thereof during the term for which that official was
12- 4 elected. No former councilmember and no former mayor shall
12- 5 hold any compensated appointive office in the city until one
12- 6 year after the expiration of the term for which that
12- 7 official was elected.
12- 8 (g) Political activities of certain officers and
12- 9 employees--No appointed officer of the city shall continue
12-10 in such employment upon qualifying as a candidate for
12-11 nomination or election to any public office. No employee of
12-12 the city shall continue in such employment upon election to
12-13 any public office in this city or any other public office
12-14 which is inconsistent, incompatible, or in conflict with the
12-15 duties of the city employee. Such determination shall be
12-16 made by the mayor and council either immediately upon
12-17 election or at any time such conflict may arise.
12-18 (h) Penalties for violation--
12-19 (1) Any city officer or employee who knowingly conceals
12-20 such financial interest or knowingly violates any of the
12-21 requirements of this section shall be guilty of
12-22 malfeasance in office or position and shall be deemed to
12-23 have forfeited that person's office or position.
12-24 (2) Any officer or employee of the city who shall
12-25 forfeit an office or position as described in paragraph
12-26 (1) of this subsection shall be ineligible for
12-27 appointment or election to or employment in a position
12-28 in the city government for a period of three years
12-29 thereafter.
12-30 SECTION 2.15.
12-31 Inquiries and investigations.
12-32 Following the adoption of an authorizing resolution, the
12-33 city council may make inquiries and investigations into the
12-34 affairs of the city and conduct of any department, office,
12-35 or agency thereof and for this purpose may subpoena
12-36 witnesses, administer oaths, take testimony, and require the
12-37 production of evidence. Any person who fails or refuses to
12-38 obey a lawful order issued in the exercise of these powers
12-39 by the city council shall be punished as may be provided by
12-40 ordinance.
-12-
13- 1 SECTION 2.16.
13- 2 General power and authority of the city council.
13- 3 Except as otherwise provided by law or this charter, the
13- 4 city council shall be vested with all the powers of
13- 5 government of this city.
13- 6 SECTION 2.17.
13- 7 Eminent domain.
13- 8 The city council is empowered to acquire, construct,
13- 9 operate, and maintain public ways, parks, public grounds,
13-10 cemeteries, markets, market houses, public buildings,
13-11 libraries, sewers, drains, sewage treatment, waterworks,
13-12 electrical systems, gas systems, airports, hospitals, and
13-13 charitable, educational, recreational, sport, curative,
13-14 corrective, detentional, penal, and medical institutions,
13-15 agencies, and facilities, and any other public improvements
13-16 inside or outside the city and to regulate the use thereof
13-17 and, for such purposes, property may be condemned under
13-18 procedures established under general law applicable now or
13-19 as provided in the future.
13-20 SECTION 2.18.
13-21 Organizational meetings.
13-22 The city council shall hold an organizational meeting on the
13-23 second Monday in January following each election. The
13-24 meeting shall be called to order by the city clerk and the
13-25 oath of office shall be administered to the newly elected
13-26 members as follows:
13-27 "I do solemnly (swear) (affirm) that I will faithfully
13-28 perform the duties of (mayor) (councilmember) of this
13-29 city and that I will support and defend the charter
13-30 thereof as well as the Constitution and laws of the
13-31 State of Georgia and the United States of America."
13-32 SECTION 2.19.
13-33 Regular and special meetings.
13-34 (a) The city council shall hold regular meetings at such
13-35 times and places as shall be prescribed by ordinance.
13-36 (b) Special meetings of the city council may be held on call
13-37 of the mayor or two members of the city council. Notice of
13-38 such special meetings shall be served on all other members
13-39 personally, or by telephone personally, at least 48 hours in
13-40 advance of the meeting. Such notice to councilmembers shall
13-41 not be required if the mayor and all councilmembers are
-13-
14- 1 present when the special meeting is called. Such notice of
14- 2 any special meeting may be waived by a councilmember in
14- 3 writing before or after such a meeting and attendance at the
14- 4 meeting shall also constitute a waiver of notice on any
14- 5 business transacted in such councilmember's presence. Only
14- 6 the business stated in the call may be transacted at the
14- 7 special meeting.
14- 8 (c) All meetings of the city council shall be public to the
14- 9 extent required by law and notice to the public of special
14-10 meetings shall be made fully as is reasonably possible as
14-11 provided by Code Section 50-14-1 of the O.C.G.A. or other
14-12 such applicable laws as are now or may hereafter be enacted.
14-13 SECTION 2.20.
14-14 Rules of procedure.
14-15 (a) The city council shall adopt its rules of procedure and
14-16 order of business consistent with the provisions of this
14-17 charter and shall provide for keeping of a journal of its
14-18 proceedings, which shall be a public record.
14-19 (b) All committees and committee chairpersons and officers
14-20 of the city council shall be appointed by the mayor and
14-21 shall serve at the pleasure of the mayor. The mayor shall
14-22 have the power to appoint new members to any committee at
14-23 any time.
14-24 SECTION 2.21.
14-25 Quorum; voting.
14-26 Three councilmembers shall constitute a quorum and shall be
14-27 authorized to transact business of the city council. Voting
14-28 on the adoption of ordinances shall be by voice vote and the
14-29 vote shall be recorded in the journal, but any member of the
14-30 city council shall have the right to request a roll-call
14-31 vote and such vote shall be recorded in the journal. Except
14-32 as otherwise provided in this charter, the affirmative vote
14-33 of three councilmembers shall be required for the adoption
14-34 of any ordinance, resolution, or motion. An absention shall
14-35 be counted as an affirmative vote.
14-36 SECTION 2.22.
14-37 Ordinance form; procedures.
14-38 (a) Every proposed ordinance should be introduced in writing
14-39 and in the form required for final adoption. No ordinance
14-40 shall contain a subject which is not expressed in its title.
14-41 The enacting clause shall be "It is hereby ordained by the
-14-
15- 1 governing authority of the City of Blythe ..." and every
15- 2 ordinance shall so begin.
15- 3 (b) An ordinance may be introduced by any councilmember and
15- 4 be read at a regular or special meeting of the city council.
15- 5 Ordinances shall be considered and adopted or rejected by
15- 6 the city council in accordance with the rules which it shall
15- 7 establish; provided, however, an ordinance shall not be
15- 8 adopted the same day it is introduced, except for emergency
15- 9 ordinances provided for in Section 2.24 of this charter.
15-10 Upon introduction of any ordinance, the clerk shall as soon
15-11 as possible distribute a copy to the mayor and each
15-12 councilmember and shall file a reasonable number of copies
15-13 in the office of the clerk and at such other public places
15-14 as the city council may designate.
15-15 SECTION 2.23.
15-16 Action requiring an ordinance.
15-17 Acts of the city council which have the force and effect of
15-18 law shall be enacted by ordinance.
15-19 SECTION 2.24.
15-20 (a) To meet a public emergency affecting life, health,
15-21 property, or public peace, the city council may convene on
15-22 call of the mayor or two councilmembers and may promptly
15-23 adopt an emergency ordinance, but such ordinance may not
15-24 levy taxes; grant, renew, or extend a franchise; regulate
15-25 the rate charged by any public utility for its services; or
15-26 authorize the borrowing of money except for loans to be
15-27 repaid within 30 days. An emergency ordinance shall be
15-28 introduced in the form prescribed for ordinances generally,
15-29 except that it shall be plainly designated as an emergency
15-30 ordinance and shall contain, after the enacting clause, a
15-31 declaration stating that an emergency exists and describing
15-32 the emergency in clear and specific terms. An emergency
15-33 ordinance may be adopted, with or without amendment, or
15-34 rejected at the meeting at which it is introduced, but the
15-35 affirmative vote of at least three councilmembers shall be
15-36 required for adoption. It shall become effective upon
15-37 adoption or at such later time as it may specify. Every
15-38 emergency ordinance shall automatically stand repealed 30
15-39 days following the date upon which it was adopted, but this
15-40 shall not prevent reenactment of the ordinance in the manner
15-41 specified in this section if the emergency still exists. An
15-42 emergency ordinance may also be repealed by adoption of a
-15-
16- 1 repealing ordinance in the same manner specified in this
16- 2 section for adoption of emergency ordinances.
16- 3 (b) Such meetings shall be open to the public to the extent
16- 4 required by law and notice to the public of emergency
16- 5 meetings shall be made as fully as is reasonably possible in
16- 6 accordance with Code Section 50-14-1 of the O.C.G.A. or such
16- 7 other applicable laws as are now or may hereafter be
16- 8 enacted.
16- 9 SECTION 2.25.
16-10 Codes of technical regulations.
16-11 (a) The city council may adopt any standard code of
16-12 technical regulations by reference thereto in an adopting
16-13 ordinance. The procedure and requirements governing such
16-14 adopting ordinance shall be as prescribed for ordinances
16-15 generally except that: (1) the requirements of subsection
16-16 (b) of Section 2.22 of this charter for distribution and
16-17 filing of copies of the ordinance shall be construed to
16-18 include copies of any code of technical regulations, as well
16-19 as the adopting ordinance; and (2) a copy of each adopted
16-20 code of technical regulations, as well as the adopting
16-21 ordinance, shall be authenticated and recorded by the clerk
16-22 pursuant to Section 2.26 of this charter.
16-23 (b) Copies of any adopted code of technical regulations
16-24 shall be made available by the clerk for inspection by the
16-25 public.
16-26 SECTION 2.26.
16-27 Signing; authenticating;
16-28 recording; codification; printing.
16-29 (a) The clerk shall authenticate by the clerk's signature
16-30 and record in full in a properly indexed book kept for that
16-31 purpose all ordinances adopted by the council.
16-32 (b) The city council shall provide for the preparation of a
16-33 general codification of all the ordinances of the city
16-34 having the force and effect of law. The general
16-35 codification shall be adopted by the city council by
16-36 ordinance and shall be published promptly, together with all
16-37 amendments thereto and such codes of technical regulations
16-38 and other rules and regulations as the city council may
16-39 specify. This compilation shall be known and cited
16-40 officially as "The Code of the City of Blythe, Georgia."
16-41 Copies of the code shall be furnished to all officers,
16-42 departments, and agencies of the city and made available for
-16-
17- 1 purchase by the public at a reasonable price as fixed by the
17- 2 city council.
17- 3 (c) The city council shall cause each ordinance and each
17- 4 amendment to this charter to be printed promptly following
17- 5 its adoption, and the printed ordinances and charter
17- 6 amendments shall be made available for purchase by the
17- 7 public at reasonable prices to be fixed by the city council.
17- 8 Following publication of the first code under this charter
17- 9 and at all times thereafter, the ordinances and charter
17-10 amendments shall be printed in substantially the same style
17-11 as the code currently in effect and shall be suitable in
17-12 form for incorporation therein. The city council shall make
17-13 such further arrangements as deemed desirable with
17-14 reproduction and distribution of any current changes in or
17-15 additions to codes of technical regulations and other rules
17-16 and regulations included in the code.
17-17 SECTION 2.27.
17-18 Election of mayor; forfeiture; compensation.
17-19 The mayor shall be elected and serve for a term of four
17-20 years and a successor is elected and qualified. The mayor
17-21 shall be a qualified elector of this city and shall have
17-22 been a resident of this city for 12 months prior to the
17-23 election. The mayor shall continue to reside in this city
17-24 during the period of the mayor's service. The mayor shall
17-25 forfeit that office on the same grounds and under the same
17-26 procedure as for councilmembers. The compensation of the
17-27 mayor shall be established in the same manner as for
17-28 councilmembers.
17-29 SECTION 2.28.
17-30 Mayor pro tempore; selection; duties.
17-31 By a majority vote, the city council shall elect a
17-32 councilmember to serve as mayor pro tempore. The mayor pro
17-33 tempore shall assume the duties and powers of the mayor upon
17-34 the mayor's physical or mental disability or absence. Any
17-35 such absence or disability shall be declared by majority
17-36 vote of all councilmembers. The mayor pro tempore shall sign
17-37 all contracts and ordinances in which the mayor has a
17-38 disqualifying financial interest as provided in Section 2.14
17-39 of this charter.
17-40 SECTION 2.29.
17-41 Powers and duties of mayor.
17-42 The mayor shall:
-17-
18- 1 (1) Preside at all meetings of the city council;
18- 2 (2) Be the head of the city for the purpose of service
18- 3 of process and for ceremonial purposes and be the
18- 4 official spokesperson for the city and the chief
18- 5 advocate of policy;
18- 6 (3) Have the power to administer oaths and to take
18- 7 affidavits;
18- 8 (4) Sign as a matter of course on behalf of the city all
18- 9 written and approved contracts, ordinances, and other
18-10 instruments executed by the city which by law are
18-11 required to be in writing;
18-12 (5) Vote on matters before the city council and be
18-13 counted toward a quorum as any other councilmember;
18-14 (6) Prepare and submit to the city council a recommended
18-15 annual operating budget and recommended capital budget;
18-16 and
18-17 (7) Fulfill such other executive and administrative
18-18 duties as the city council shall by ordinance establish.
18-19 SECTION 2.30.
18-20 Limitation on terms of service.
18-21 There shall be no limitation on the number of terms that a
18-22 mayor may serve as mayor of the City of Blythe.
18-23 ADMINISTRATIVE AFFAIRS
18-24 SECTION 3.10.
18-25 Administrative and service departments.
18-26 (a) Except as otherwise provided in this charter, the city
18-27 council by ordinance shall prescribe the functions or duties
18-28 and establish, abolish, alter, consolidate, or leave vacant
18-29 all nonelective offices, positions of employment,
18-30 departments, and agencies of the city as necessary for the
18-31 proper administration of the affairs and government of this
18-32 city.
18-33 (b) Except as otherwise provided by this charter or by law,
18-34 the directors of departments and other appointed officers of
18-35 the city shall be appointed solely on the basis of their
18-36 respective administrative and professional qualifications.
18-37 (c) All appointed officers and directors of departments
18-38 shall receive such compensation as prescribed by ordinance.
-18-
19- 1 (d) There shall be a director of each department or agency
19- 2 who shall be its principal officer. Each director shall,
19- 3 subject to the direction and supervision of the mayor, be
19- 4 responsible for the administration and direction of the
19- 5 affairs and operations of that director's department or
19- 6 agency.
19- 7 (e) All appointed officers and directors under the
19- 8 supervision of the mayor shall be nominated by the mayor
19- 9 with confirmation of appointment by the city council. All
19-10 appointed officers and directors shall be employees at will
19-11 and subject to removal or suspension at any time by the
19-12 mayor unless otherwise provided by law or ordinance.
19-13 SECTION 3.11.
19-14 Boards, commissions, and authorities.
19-15 (a) The city council shall create by ordinance such boards,
19-16 commissions, and authorities to fulfill any investigative,
19-17 quasi-judicial, or quasi-legislative function the city
19-18 council deems necessary and shall by ordinance establish the
19-19 composition, period of existence, duties, and powers
19-20 thereof.
19-21 (b) All members of boards, commissions, and authorities of
19-22 the city shall be appointed by the city council for such
19-23 terms of office and in such manner as shall be provided by
19-24 ordinance, except where other appointing authority, terms of
19-25 office, or manner of appointment is prescribed by this
19-26 charter or by law.
19-27 (c) The city council by ordinance may provide for the
19-28 compensation and reimbursement for actual and necessary
19-29 expenses of the members of any board, commission, or
19-30 authority.
19-31 (d) Except as otherwise provided by charter or by law, no
19-32 member of any board, commission, or authority shall hold any
19-33 elective office in the city.
19-34 (e) Any vacancy on a board, commission, or authority of the
19-35 city shall be filled for the unexpired term in the manner
19-36 prescribed in this charter for original appointment, except
19-37 as otherwise provided by this charter or by law.
19-38 (f) No member of a board, commission, or authority shall
19-39 assume office until that person has executed and filed with
19-40 the clerk of the city an oath obligating that person to
19-41 perform faithfully and impartially the duties of that
-19-
20- 1 person's office, such oath shall be prescribed by ordinance
20- 2 and administered by the mayor.
20- 3 (g) Any member of a board, commission, or authority serves
20- 4 at will and may be removed at any time by a vote of three
20- 5 members of the city council, unless otherwise provided by
20- 6 law.
20- 7 (h) Except as otherwise provided by this charter or by law,
20- 8 each board, commission, or authority of the city shall elect
20- 9 one of its members as chairperson and one member as vice
20-10 chairperson and may elect as its secretary one of its own
20-11 members or may appoint as secretary an employee of the city.
20-12 Each board, commission, or authority of the city government
20-13 may establish such bylaws, rules, and regulations, not
20-14 inconsistent with this charter, ordinances of the city, or
20-15 law, as it deems appropriate and necessary for the
20-16 fulfillment of its duties or the conduct of its affairs.
20-17 Copies of such bylaws, rules, and regulations shall be filed
20-18 with the clerk of the city.
20-19 SECTION 3.12.
20-20 City attorney.
20-21 The city council shall appoint a city attorney, together
20-22 with such assistant city attorneys as may be authorized, and
20-23 shall provide for the payment of such attorney or attorneys
20-24 for services rendered to the city. The city attorney shall
20-25 be responsible for representing and defending the city in
20-26 all litigation in which the city is a party; may be the
20-27 prosecuting officer in the municipal court; shall attend the
20-28 meetings of the council as directed; shall advise the city
20-29 council, mayor, and other officers and employees of the city
20-30 concerning legal aspects of the city's affairs; and shall
20-31 perform such other duties as may be required by virtue of
20-32 such person's position as city attorney.
20-33 SECTION 3.13.
20-34 The city council shall appoint a city clerk who shall not be
20-35 a councilmember. The city clerk shall be custodian of the
20-36 official city seal and city records; maintain city council's
20-37 records required by this charter; and perform such other
20-38 duties as may be required by the city council. The city
20-39 council shall provide for the compensation of the city
20-40 clerk.
-20-
21- 1 SECTION 3.14.
21- 2 Position classification and pay plans.
21- 3 The mayor shall be responsible for the preparation of a
21- 4 position classification and pay plan which shall be
21- 5 submitted to the city council for approval. Such plan may
21- 6 apply to all employees of the city and any of its agencies,
21- 7 departments, boards, commissions, or authorities. When a
21- 8 pay plan has been adopted, the city council shall not
21- 9 increase or decrease the salary range applicable to any
21-10 position except by amendment of such pay plan. For purposes
21-11 of this section, elected and appointed city officials are
21-12 not city employees.
21-13 SECTION 3.15.
21-14 Personnel policies.
21-15 All employees serve at will and may be removed from office
21-16 at any time unless otherwise provided by ordinance.
21-17 JUDICIAL BRANCH
21-18 SECTION 4.10.
21-19 Creation; name.
21-20 There may be a court to be known as the Municipal Court of
21-21 the City of Blythe.
21-22 SECTION 4.11.
21-23 Chief judge; associate judge.
21-24 (a) The municipal court shall be presided over by a chief
21-25 judge and such part-time, full-time, or stand-by judges as
21-26 shall be provided by ordinance.
21-27 (b) No person shall be qualified or eligible to serve as a
21-28 judge on the municipal court unless that person shall have
21-29 attained the age of 21 years, shall be a member of the State
21-30 Bar of Georgia, and shall possess all qualifications
21-31 required by law. All judges shall be appointed by the city
21-32 council and shall serve until a successor is appointed and
21-33 qualified.
21-34 (c) Compensation of the judges shall be fixed by ordinance.
21-35 (d) Judges serve at will and may be removed from office at
21-36 any time by the city council unless otherwise provided by
21-37 ordinance.
21-38 (e) Before assuming office, each judge shall take an oath,
21-39 given by the mayor, that such judge will honestly and
-21-
22- 1 faithfully discharge the duties of the office to the best of
22- 2 that person's ability and without fear, favor, or
22- 3 partiality. The oath shall be entered in the minutes of the
22- 4 city council journal required in Section 2.20 of this
22- 5 charter.
22- 6 SECTION 4.12.
22- 7 The municipal court shall be convened at regular intervals
22- 8 as provided by ordinance.
22- 9 SECTION 4.13.
22-10 Jurisdiction; powers.
22-11 (a) The municipal court shall try and punish violations of
22-12 this charter, all city ordinances, and such other violations
22-13 as provided by law.
22-14 (b) The municipal court shall have authority to punish those
22-15 in its presence for contempt, provided that such punishment
22-16 shall not exceed $200.00 or ten days in jail.
22-17 (c) Except as otherwise provided by law, the municipal court
22-18 may fix punishment for offenses within its jurisdiction not
22-19 exceeding a fine of $1,000.00 or imprisonment for 180 days
22-20 or both such fine and imprisonment or may fix punishment by
22-21 fine, imprisonment, or alternative sentencing, as now or
22-22 hereafter provided by law. In addition thereto, where
22-23 authorized by general law, the municipal court may fix
22-24 punishment as set forth in such specific statutes of the
22-25 O.C.G.A. for offenses within its jurisdiction which
22-26 punishment as set forth in specific statutes may exceed or
22-27 be less than the authorized punishment herein. In such
22-28 event, maximum punishment that the municipal court may fix
22-29 shall be that specifically set forth in such specific
22-30 statute.
22-31 (d) The municipal court shall have authority to establish a
22-32 schedule of fees to defray the cost of operation and shall
22-33 be entitled to reimbursement of the cost of meals,
22-34 transportation, and caretaking of prisoners bound over to
22-35 superior courts for violations of state law.
22-36 (e) The municipal court shall have authority to establish
22-37 bail and recognizances to ensure the presence of those
22-38 charged with violations before such court and shall have
22-39 discretionary authority to accept cash or personal or real
22-40 property as surety for the appearance of persons charged
22-41 with violations. Whenever any person shall give bail for
-22-
23- 1 that person's appearance and shall fail to appear at the
23- 2 time fixed for trial, the bond shall be forfeited by the
23- 3 judge presiding at such time and an execution issued thereon
23- 4 by serving the defendant and the defendant's sureties with a
23- 5 rule nisi at least two days before a hearing on the rule
23- 6 nisi. In the event that cash or property is accepted in lieu
23- 7 of bond for security for the appearance of a defendant at
23- 8 trial, and if such defendant fails to appear at the time and
23- 9 place fixed for trial, the cash so deposited shall be on
23-10 order of the judge declared forfeited to the city, or the
23-11 property so deposited shall have a lien against it for the
23-12 value forfeited which lien shall be enforceable in the same
23-13 manner and to the same extent as a lien for city property
23-14 taxes.
23-15 (f) The municipal court shall have the same authority as
23-16 superior courts to compel the production of evidence in the
23-17 possession of any party; to enforce obedience to its orders,
23-18 judgments, and sentences; and to administer such oaths as
23-19 are necessary.
23-20 (g) The municipal court may compel the presence of all
23-21 parties necessary to a proper disposal of each case by the
23-22 issuance of summonses, subpoenas, and warrants which may be
23-23 served and executed by any officer as authorized by this
23-24 charter or by law.
23-25 (h) Each judge of the municipal court shall be authorized to
23-26 issue warrants for the arrest of persons charged with
23-27 offenses against any ordinance of the city, and each judge
23-28 of the municipal court shall have the same authority as a
23-29 magistrate of the state to issue warrants for offenses
23-30 against state laws committed within the city.
23-31 (i) The municipal court is specifically vested with all the
23-32 jurisdiction and powers throughout the geographic area of
23-33 this city granted by law to municipal courts and
23-34 particularly by such laws as authorize the abatement of
23-35 nuisances and prosecution of traffic violations.
23-36 SECTION 4.14.
23-37 The right of certiorari from the decision and judgment of
23-38 the municipal court shall exist in all criminal cases and
23-39 ordinance violation cases, and such certiorari shall be
23-40 obtained under the sanction of a judge of the Superior Court
23-41 of Richmond County under the laws of the State of Georgia
23-42 regulating the granting and issuance of writs of certiorari.
-23-
24- 1 SECTION 4.15.
24- 2 Rules for court.
24- 3 With the approval of the city council, the judge shall have
24- 4 full power and authority to make reasonable rules and
24- 5 regulations necessary and proper to secure the efficient and
24- 6 successful administration of the municipal court; provided,
24- 7 however, that the city council may adopt in part or in toto
24- 8 the rules and regulations applicable to superior courts.
24- 9 The rules and regulations made or adopted shall be filed
24-10 with the city clerk, shall be available for public
24-11 inspection, and, upon request, a copy shall be furnished to
24-12 all defendants in municipal court proceedings at least 48
24-13 hours prior to such proceedings.
24-14 ELECTIONS AND REMOVAL
24-15 SECTION 5.10.
24-16 Applicability of general law.
24-17 All primaries and elections shall be held and conducted in
24-18 accordance with Chapter 3 of Title 21 of the O.C.G.A., the
24-19 "Georgia Municipal Election Code," as now or hereafter
24-20 amended.
24-21 SECTION 5.11.
24-22 Election of the city council and mayor.
24-23 (a) There shall be a municipal general election on the
24-24 Tuesday next following the first Monday in November in 1999
24-25 and biennially thereafter.
24-26 (b) There shall be elected the mayor and two councilmembers
24-27 at one election and at every other election thereafter. The
24-28 remaining city council seats shall be filled at the election
24-29 alternating with the first election so that a continuing
24-30 body is created.
24-31 (c) The initial election under this charter will be held on
24-32 the Tuesday next following the first Monday in November
24-33 1999. At the initial election, the mayor and two
24-34 councilmembers shall be elected for a term of four years and
24-35 two councilmembers shall be elected for a term of two years
24-36 so that a continuing body is created.
24-37 (d) The terms of office shall begin on January 1, following
24-38 the November election.
-24-
25- 1 SECTION 5.12.
25- 2 Nonpartisan elections.
25- 3 Political parties shall not conduct primaries for city
25- 4 offices and all names of candidates for city offices shall
25- 5 be listed without party designation.
25- 6 SECTION 5.13.
25- 7 Election by plurality vote.
25- 8 The person receiving a plurality of the votes cast for any
25- 9 city office shall be elected.
25-10 SECTION 5.14.
25-11 Special elections; vacancies.
25-12 In the event that the office of mayor or councilmember shall
25-13 become vacant for any cause provided in Section 2.12 of this
25-14 charter, the city council or those remaining shall order a
25-15 special election to fill the balance of the unexpired term
25-16 of such official; provided, however, if such vacancy occurs
25-17 within 12 months of the expiration of the term of that
25-18 office, the city council or those members remaining shall
25-19 appoint a successor for the remainder of the term. In all
25-20 other respects, the special election shall be held and
25-21 conducted in accordance with Chapter 3 of Title 21 of the
25-22 O.C.G.A., the "Georgia Municipal Election Code," as now or
25-23 hereafter amended.
25-24 SECTION 5.15.
25-25 Other provisions.
25-26 Except as otherwise provided by this charter, the city
25-27 council shall, by ordinance, prescribe such rules and
25-28 regulations as it deems appropriate to fulfill any options
25-29 and duties under Chapter 3 of Title 21 of the O.C.G.A., the
25-30 "Georgia Municipal Election Code."
25-31 SECTION 5.16.
25-32 Removal of officers.
25-33 (a) A councilmember, the mayor, or other appointed officers
25-34 provided for in this charter shall be removed from office
25-35 for any one or more of the causes provided in Title 45 of
25-36 the O.C.G.A. or such other applicable laws as are now or may
25-37 hereafter be enacted.
25-38 (b) Removal of an officer pursuant to subsection (a) of this
25-39 section shall be accomplished by one of the following
25-40 methods:
-25-
26- 1 (1) Following a hearing at which an impartial panel
26- 2 shall render a decision. In the event an elected officer
26- 3 is sought to be removed by the action of the city
26- 4 council, such officer shall be entitled to a written
26- 5 notice specifying the ground or grounds for removal and
26- 6 to a public hearing which shall be held not less than
26- 7 ten days after the service of such written notice. The
26- 8 city council shall provide by ordinance for the manner
26- 9 in which such hearings shall be held. Any elected
26-10 officer sought to be removed from office as provided in
26-11 this section shall have the right of appeal from the
26-12 decision of the city council to the Superior Court of
26-13 Richmond County. Such appeal shall be governed by the
26-14 same rules as govern appeals to the superior court from
26-15 the probate court; or
26-16 (2) By an order of the Superior Court of Richmond County
26-17 following a hearing on a complaint seeking such removal
26-18 brought by any resident of the City of Blythe.
26-19 SECTION 6.10.
26-20 Property tax.
26-21 The city council may assess, levy, and collect an ad valorem
26-22 tax on all real and personal property within the corporate
26-23 limits of the city that is subject to such taxation by the
26-24 state and county. This tax is for the purpose of raising
26-25 revenues to defray the costs of operating the city
26-26 government, of providing governmental services, for the
26-27 repayment of principal and interest on general obligations,
26-28 and for any other public purpose as determined by the city
26-29 council in its discretion.
26-30 SECTION 6.11.
26-31 Millage rate; due dates; payment methods.
26-32 The city council by ordinance may establish a millage rate
26-33 for the city property tax, a due date, and the time period
26-34 within which these taxes must be paid. The city council by
26-35 ordinance may provide for the payment of these taxes by
26-36 installments or in one lump sum, as well as authorize
26-37 voluntary payment of taxes prior to the time when due.
-26-
27- 1 SECTION 6.12.
27- 2 Occupation and business taxes.
27- 3 The city council by ordinance shall have the power to levy
27- 4 such occupation or business taxes as are not denied by law.
27- 5 The city council may classify businesses, occupations, or
27- 6 professions for the purpose of such taxation in any way
27- 7 which may be lawful and may compel the payment of such taxes
27- 8 as provided in Section 6.18 of this charter.
27- 9 SECTION 6.13.
27-10 Regulatory fees; permits.
27-11 The city council by ordinance shall have the power to
27-12 require businesses or practitioners doing business within
27-13 this city to obtain a permit for such activity from the city
27-14 and pay a reasonable regulatory fee for such permit as
27-15 provided by general law. Such fees shall reflect the total
27-16 cost to the city of regulating the activity and, if unpaid,
27-17 shall be collected as provided in Section 6.18 of this
27-18 charter.
27-19 SECTION 6.14.
27-20 (a) The city council shall have the power to grant
27-21 franchises for the use of this city's streets and alleys for
27-22 the purposes of railroads, street railways, telephone
27-23 companies, electric companies, electric membership
27-24 corporations, cable television and other telecommunication
27-25 companies, gas companies, transportation companies, and
27-26 other similar organizations. The city council shall
27-27 determine the duration, terms, whether the same shall be
27-28 exclusive or nonexclusive, and the consideration for such
27-29 franchises; provided, however, no franchise shall be granted
27-30 for a period in excess of 35 years and no franchise shall be
27-31 granted unless the city receives just and adequate
27-32 compensation therefor. The city council shall provide for
27-33 the registration of all franchises with the city clerk in a
27-34 registration book kept by the city clerk. The city council
27-35 may provide by ordinance for the registration within a
27-36 reasonable time of all franchises previously granted.
27-37 (b) If no franchise agreement is in effect, the city council
27-38 has the authority to impose a tax on gross receipts for the
27-39 use of this city's streets and alleys for the purposes of
27-40 railroads, street railways, telephone companies, electric
27-41 companies, electric membership corporations, cable
27-42 television and other telecommunications companies, gas
-27-
28- 1 companies, transportation companies, and other similar
28- 2 organizations.
28- 3 SECTION 6.15.
28- 4 Service charges.
28- 5 The city council by ordinance shall have the power to assess
28- 6 and collect fees, charges, and tolls for sewers, sanitary
28- 7 and health services, or any other services provided or made
28- 8 available within and outside the corporate limits of the
28- 9 city for the total cost to the city of providing or making
28-10 available such services. If unpaid, such charges shall be
28-11 collected as provided in Section 6.18 of this charter.
28-12 SECTION 6.16.
28-13 Special assessments.
28-14 The city council by ordinance shall have the power to assess
28-15 and collect the cost of constructing, reconstructing,
28-16 widening, or improving any public way, street, sidewalk,
28-17 curbing, gutters, sewers, or other utility mains and
28-18 appurtenances from the abutting property owners under such
28-19 terms and conditions as are reasonable. If unpaid, such
28-20 charges shall be collected as provided in Section 6.18 of
28-21 this charter.
28-22 SECTION 6.17.
28-23 Construction; other taxes and fees.
28-24 This city shall be empowered to levy any other tax or fee
28-25 allowed now or hereafter by law, and the specific mention of
28-26 any right, power, or authority in this article shall not be
28-27 construed as limiting in any way the general powers of this
28-28 city to govern its local affairs.
28-29 SECTION 6.18.
28-30 Collection of delinquent taxes and fees.
28-31 The city council by ordinance may provide generally for the
28-32 collection of delinquent taxes, fees, or other revenue due
28-33 the city under Sections 6.10 through 6.17 of this charter by
28-34 whatever reasonable means as are not precluded by law. This
28-35 shall include providing for the dates when the taxes or fees
28-36 are due; late penalties or interest; issuance and execution
28-37 of fi. fas.; creation and priority of liens; making
28-38 delinquent taxes and fees personal debts of the persons
28-39 required to pay the taxes or fees imposed; revoking city
28-40 permits for failure to pay any city taxes or fees; and
28-41 providing for the assignment or transfer of tax executions.
-28-
29- 1 SECTION 6.19.
29- 2 General obligation bonds.
29- 3 The city council shall have the power to issue bonds for the
29- 4 purpose of raising revenue to carry out any project,
29- 5 program, or venture authorized under this charter or the
29- 6 laws of the state. Such bonding authority shall be exercised
29- 7 in accordance with the laws governing bond issuance by
29- 8 municipalities in effect at the time such issue is
29- 9 undertaken.
29-10 SECTION 6.20.
29-11 Revenue bonds.
29-12 Revenue bonds may be issued by the city council as state law
29-13 now or hereafter provides. Such bonds are to be paid out of
29-14 any revenue produced by the project, program, or venture for
29-15 which they were issued.
29-16 SECTION 6.21.
29-17 Short-term loans.
29-18 The city may obtain short-term loans and must repay such
29-19 loans not later than December 31 of each year, unless
29-20 otherwise provided by law.
29-21 SECTION 6.22.
29-22 Lease-purchase contracts.
29-23 The city may enter into multiyear lease, purchase, or
29-24 lease-purchase contracts for the acquisition of goods,
29-25 materials, real and personal property, services, and
29-26 supplies, provided the contract terminates without further
29-27 obligation on the part of the municipality at the close of
29-28 the calendar year in which it was executed and at the close
29-29 of each succeeding calendar year for which it may be
29-30 renewed. Contracts must be executed in accordance with the
29-31 requirements of Code Section 36-60-13 of the O.C.G.A. or
29-32 other such applicable laws as are now or may hereafter be
29-33 enacted.
29-34 SECTION 6.23.
29-35 The city council shall set the fiscal year by ordinance.
29-36 This fiscal year shall constitute the budget year and the
29-37 year for financial accounting and reporting of each and
29-38 every office, department, agency, and activity of the city
29-39 government.
-29-
30- 1 SECTION 6.24.
30- 2 Preparation of budgets.
30- 3 The city council shall provide an ordinance on the
30- 4 procedures and requirements for the preparation and
30- 5 execution of an annual operating budget, a capital
30- 6 improvement plan, and a capital budget, including
30- 7 requirements as to the scope, content, and form of such
30- 8 budgets and plans.
30- 9 SECTION 6.25.
30-10 Submission of operating budget to city council.
30-11 On or before a date fixed by the city council but not later
30-12 than 60 days prior to the beginning of each fiscal year, the
30-13 mayor shall submit to the city council a proposed operating
30-14 budget for the ensuing fiscal year. The budget shall be
30-15 accompanied by a message from the mayor containing a
30-16 statement of the general fiscal policies of the city, the
30-17 important features of the budget, explanations of major
30-18 changes recommended for the next fiscal year, a general
30-19 summary of the budget, and such other pertinent comments and
30-20 information. The operating budget, the capital improvements
30-21 budget, the budget message, and all supporting documents
30-22 shall be filed in the office of the city clerk and shall be
30-23 open to public inspection.
30-24 SECTION 6.26.
30-25 Action by city council on budget.
30-26 (a) The city council may amend the operating budget proposed
30-27 by the mayor, except that the budget as finally amended and
30-28 adopted must provide for all expenditures required by state
30-29 law or by other provisions of this charter and for all debt
30-30 service requirements for the ensuing fiscal year. The total
30-31 appropriations from any fund shall not exceed the estimated
30-32 fund balance, reserves, and revenues.
30-33 (b) The city council shall by ordinance adopt the final
30-34 operating budget for the ensuing fiscal year not later than
30-35 the thirty-first day of December of each year. If the city
30-36 council fails to adopt the budget by said date, the amounts
30-37 appropriated for operation for the then current fiscal year
30-38 shall be deemed adopted for the ensuing fiscal year on a
30-39 month-to-month basis, with all items prorated accordingly,
30-40 until such time as the city council adopts a budget for the
30-41 ensuing fiscal year. Adoption of the budget shall take the
30-42 form of an appropriations ordinance setting out the
30-43 estimated revenues in detail by sources and making
-30-
31- 1 appropriations according to fund and by organizational unit,
31- 2 purpose, or activity as set out in the budget preparation
31- 3 ordinance adopted pursuant to Section 6.24 of this charter.
31- 4 (c) The amount set out in the adopted operating budget for
31- 5 each organizational unit shall constitute the annual
31- 6 appropriation for such, and no expenditure shall be made or
31- 7 encumbrance created in excess of the otherwise unencumbered
31- 8 balance of the appropriations or allotments thereof to which
31- 9 it is chargeable.
31-10 SECTION 6.27.
31-11 The city council shall levy by ordinance such taxes as are
31-12 necessary. The taxes and tax rates set by such ordinance
31-13 shall be such that reasonable estimates of revenues from
31-14 such levy shall at least be sufficient, together with other
31-15 anticipated revenues, fund balances, and applicable
31-16 reserves, to equal the total amount appropriated for each of
31-17 the several funds set forth in the annual operating budget
31-18 for defraying the expense of the general government of this
31-19 city.
31-20 SECTION 6.28.
31-21 Changes in appropriations.
31-22 The city council by ordinance may make changes in the
31-23 appropriations contained in the current operating budget at
31-24 any regular meeting or special or emergency meeting called
31-25 for such purpose, but any additional appropriations may be
31-26 made only from an existing unexpended surplus.
31-27 SECTION 6.29.
31-28 Capital budget.
31-29 (a) On or before the date fixed by the city council, but no
31-30 later than 60 days prior to the beginning of each fiscal
31-31 year, the mayor shall submit to the city council a proposed
31-32 capital improvements plan with a recommended capital budget
31-33 containing the means of financing the improvements proposed
31-34 for the ensuing fiscal year. The city council shall have
31-35 the power to accept, with or without amendments, or reject
31-36 the proposed plan and proposed budget. The city council
31-37 shall not authorize an expenditure for the construction of
31-38 any building, structure, work, or improvement unless the
31-39 appropriations for such project are included in the capital
31-40 budget, except to meet a public emergency as provided in
31-41 Section 2.24 of this charter.
-31-
32- 1 (b) The city council shall adopt by ordinance the final
32- 2 capital budget for the ensuing fiscal year not later than
32- 3 the thirty-first day of December of each year. No
32- 4 appropriation provided for in a prior capital budget shall
32- 5 lapse until the purpose for which the appropriation was made
32- 6 shall have been accomplished or abandoned; provided,
32- 7 however, the mayor may submit amendments to the capital
32- 8 budget at any time during the fiscal year, accompanied by
32- 9 recommendations. Any such amendments to the capital budget
32-10 shall become effective only upon adoption by ordinance.
32-11 SECTION 6.30.
32-12 Independent audit.
32-13 There shall be annual independent audit of all city
32-14 accounts, funds, and financial transactions by a certified
32-15 public accountant selected by the city council. The audit
32-16 shall be conducted according to generally accepted auditing
32-17 principles. Any audit of any funds by the state or federal
32-18 government may be accepted as satisfying the requirements of
32-19 this charter. Copies of all audit reports shall be available
32-20 at printing costs to the public.
32-21 SECTION 6.31.
32-22 Contracting procedures.
32-23 No contract with the city shall be binding on the city
32-24 unless:
32-25 (1) It is in writing;
32-26 (2) It is drawn or submitted and reviewed by the city
32-27 attorney and, as a matter of course, is signed by the
32-28 city attorney to indicate such drafting or review; and
32-29 (3) It is made or authorized by the city council and
32-30 such approval is entered in the city council journal of
32-31 proceedings pursuant to Section 2.20 of this charter.
32-32 SECTION 6.32.
32-33 Centralized purchasing.
32-34 The city council shall by ordinance prescribe procedures for
32-35 a system of centralized purchasing for the city.
32-36 SECTION 6.33.
32-37 Sale and lease of city property.
32-38 (a) The city council may sell and convey or lease any real
32-39 or personal property owned or held by the city for
-32-
33- 1 governmental or other purposes as now or hereafter provided
33- 2 by law.
33- 3 (b) The city council may quitclaim any rights it may have in
33- 4 property not needed for public purposes upon report by the
33- 5 mayor and adoption of a resolution, both finding that the
33- 6 property is not needed for public or other purposes and that
33- 7 the interest of the city has no readily ascertainable
33- 8 monetary value.
33- 9 (c) Whenever in opening, extending, or widening any street,
33-10 avenue, alley, or public place of the city a small parcel or
33-11 tract of land is cut off or separated by such work from a
33-12 larger tract or boundary of land owned by the city, the city
33-13 council may authorize the mayor to sell and convey said
33-14 cut-off or separated parcel or tract of land to an abutting
33-15 or adjoining property owner or owners where such sale and
33-16 conveyance facilitates the enjoyment of the highest and best
33-17 use of the abutting owner's property. Included in the sales
33-18 contract shall be a provision for the rights of way of said
33-19 street, avenue, alley, or public place. Each abutting
33-20 property owner shall be notified of the availability of the
33-21 property and given the opportunity to purchase said property
33-22 under such terms and conditions as set out by ordinance.
33-23 All deeds and conveyances heretofore and hereafter so
33-24 executed and delivered shall convey all title and interest
33-25 the city has in such property, notwithstanding the fact that
33-26 no public sale after advertisement was or is hereafter made.
33-27 GENERAL PROVISIONS
33-28 SECTION 7.10.
33-29 Bonds for officials.
33-30 The officers and employees of this city, both elected and
33-31 appointed, shall execute such surety or fidelity bonds in
33-32 such amounts and upon such terms and conditions as the city
33-33 council shall from time to time require by ordinance or as
33-34 may be provided by law.
33-35 SECTION 7.11.
33-36 Prior ordinances.
33-37 Except as to those ordinances listed on Appendix B attached
33-38 hereto, all other ordinances, resolutions, rules, and
33-39 regulations adopted prior to January 1, 1994, are hereby
33-40 repealed. All of the ordinances listed on Appendix B
33-41 attached hereto and all ordinances, resolutions, rules, and
-33-
34- 1 regulations adopted after January 1, 1994, and now in force
34- 2 in the city not inconsistent with this charter are declared
34- 3 valid and of full effect and force until amended or repealed
34- 4 by the city council.
34- 5 SECTION 7.12.
34- 6 Existing personnel and officers.
34- 7 Except as specifically provided otherwise by this charter,
34- 8 all personnel and officers of this city and their rights,
34- 9 privileges, and powers shall continue beyond the time this
34-10 charter takes effect for a period of 90 days before or
34-11 during which time the existing city council shall pass a
34-12 transition ordinance detailing the changes in personnel and
34-13 appointed officers required or desired and arranging such
34-14 titles, rights, privileges, and powers as may be required or
34-15 desired to allow a reasonable transition.
34-16 SECTION 7.13.
34-17 Pending matters.
34-18 Except as specifically provided otherwise by this charter,
34-19 all rights, claims, actions, orders, contracts, and legal or
34-20 administrative proceedings shall continue and any such
34-21 ongoing work or cases shall be completed by such city
34-22 agencies, personnel, or officers as may be provided by the
34-23 city council.
34-24 SECTION 7.14.
34-25 Construction.
34-26 (a) Section captions in this charter are informative only
34-27 and shall not be considered as a part thereof.
34-28 (b) The word "shall" is mandatory and the word "may" is
34-29 permissive.
34-30 (c) The singular shall include the plural, the masculine
34-31 shall include the feminine, and vice versa.
34-32 SECTION 7.15.
34-33 Severability.
34-34 If any article, section, subsection, paragraph, sentence, or
34-35 part thereof of this charter shall be held to be invalid or
34-36 unconstitutional, such invalidity or unconstitutionality
34-37 shall not affect or impair other parts of this charter
34-38 unless it clearly appears that such other parts are wholly
34-39 and necessarily dependent upon the part held to be invalid
34-40 or unconstitutional, it being the legislative intent in
34-41 enacting this charter that each article, section,
-34-
35- 1 subsection, paragraph, sentence, or part thereof be enacted
35- 2 separately and independent of each other.
35- 3 SECTION 7.16.
35- 4 An Act incorporating the City of Blythe in the County of
35- 5 Richmond, approved August 3, 1920 (Ga. L. 1920, p. 748), is
35- 6 hereby repealed in its entirety and all amendatory Acts
35- 7 thereto are likewise repealed in their entirety.
35- 8 SECTION 7.17.
35- 9 Effective date.
35-10 This Act shall become effective on January 1, 1998.
35-11 SECTION 7.18.
35-12 General repealer.
35-13 All laws and parts of laws in conflict with this Act are
35-14 repealed.
-35-
36- 1 Legal description of the City of Blythe, Georgia
36- 2 All those streets, roads, tracts, or parcels of land, with
36- 3 or without improvements thereto, situate lying and being in
36- 4 the Counties of Burke and Richmond, containing 1831.78 acres
36- 5 and being more particularly shown on a plat made for the
36- 6 City of Blythe, Georgia by James G. Swift and Associates,
36- 7 Consulting Engineers, dated September 24, 1996, which is
36- 8 attached hereto and made a part hereof; reference is hereby
36- 9 made to the City Plat for more particular description of the
36-10 metes, bounds, bearings, and distances which is shown by the
36-11 aforesaid perimeter survey of the City of Blythe, Georgia.
-36-
37- 1 Ordinances and resolutions adopted prior to January 1, 1994,
37- 2 which shall remain in full force and effect, to-wit:
37- 3 1. An ordinance relative to establishment of Municipal
37- 4 Water Works System adopted by the Town of Blythe in
37- 5 1966.
37- 6 2. City Ordinance No. 91-1 adopted June 10, 1991,
37- 7 relative to Water Conservation Restrictions.
37- 8 3. Ordinance No. 92-02 titled "Land Development Code of
37- 9 Blythe, Georgia."
37-10 4. Ordinance No. 92-03 adopted April 21, 1992, titled
37-11 "Waste Management and Recycling."
-37-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98