|
| 
|
|
| HB 955 - Bogart, Town of; new charter |
First Reader Summary
A BILL to reincorporate and provide a new charter for the Town of
Bogart; and for other purposes.
| House
| Action
| Senate
|
| 3/11/97
| Read 1st Time
|
|
| 3/13/97
| Read 2nd Time
|
|
HB 955 LC 9 9264
A BILL TO BE ENTITLED
AN ACT
1- 1 To reincorporate and provide a new charter for the Town of
1- 2 Bogart; to provide for corporate boundaries and maps
1- 3 thereof; to provide for powers and the exercise of powers;
1- 4 to provide for construction; to provide for a town council
1- 5 and for the members and their terms of office,
1- 6 qualifications, residence, vacancies, compensation,
1- 7 expenses, regular and special meetings, oaths, rules,
1- 8 journal, committees, chairpersons and officers, quorum, and
1- 9 voting; to prohibit holding any other town office and acting
1-10 upon matters in which a councilmember or the mayor is
1-11 personally interested; to provide for inquiries,
1-12 investigations, and subpoena power; to provide for eminent
1-13 domain; to provide for the form of ordinances and procedures
1-14 related thereto; to provide for emergency ordinances; to
1-15 provide for the adoption of codes of technical regulations;
1-16 to provide for the authentication, codification, and
1-17 printing of ordinances; to provide for a mayor and such
1-18 official's election, term of office, qualifications,
1-19 residence, compensation, powers, and duties; to provide for
1-20 administrative and service departments and the directors
1-21 thereof and such directors' appointment, compensation,
1-22 responsibilities, nomination, removal, and suspension; to
1-23 provide for boards, commissions, and authorities and their
1-24 creation, composition, duties, powers, officers, and bylaws
1-25 and their members' appointment, compensation, expenses,
1-26 oaths, and removal; to provide for a town attorney, town
1-27 clerk, position classifications, pay plans, and personnel
1-28 policies; to provide for a municipal court and its
1-29 convening, jurisdiction, powers, fees, bails, warrants,
1-30 certiorari, rules, and regulations; to provide for judges
1-31 and their qualifications, appointment, compensation,
1-32 removal, and oaths; to provide for nonpartisan election by
1-33 plurality and the time for holding elections; to provide for
1-34 the applicability of general law to elections; to provide
1-35 for special elections to fill vacancies; to provide for
1-36 removal of officers; to provide for property taxes,
1-37 occupation and business taxes, regulatory fees, and permits;
-1-
2- 1 to provide for the millage rate, due dates, and methods of
2- 2 payment; to provide for franchises, service charges, special
2- 3 assessments, and other taxes and fees; to provide for the
2- 4 collection of delinquent taxes and fees; to provide for
2- 5 general obligation bonds, revenue bonds, and short-term
2- 6 loans; to provide for a fiscal year; to provide for
2- 7 operating and capital budgets and their preparation,
2- 8 submission, amendment, and adoption; to provide for tax
2- 9 levies, changes in appropriations, and independent audits;
2-10 to provide for contracting procedures, centralized
2-11 purchasing, and the sale of town property; to provide for
2-12 bonds for officials; to provide for transition, including
2-13 existing ordinances and regulations, existing employees and
2-14 officers, and pending matters; to provide for construction
2-15 and severability; to repeal an Act incorporating the Town of
2-16 Bogart in the County of Oconee, approved August 24, 1905
2-17 (Ga. L. 1905, p.670), as amended; to provide an effective
2-18 date; to repeal conflicting laws; and for other purposes.
2-19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2-20 Incorporation and powers
2-21 SECTION 1.10.
2-22 This town and the inhabitants thereof are hereby constituted
2-23 and declared a body politic and corporate under the name and
2-24 style Bogart, Georgia, and by that name shall have perpetual
2-25 succession.
2-26 SECTION 1.11.
2-27 Corporate boundaries.
2-28 (a) The boundaries of this town shall be those existing on
2-29 the effective date of the adoption of this charter with such
2-30 alterations as may be made from time to time in the manner
2-31 provided by law. The boundaries of this town at all times
2-32 shall be shown on a map, a written description, or any
2-33 combination thereof, to be retained permanently in the
2-34 office of the town clerk and to be designated, as the case
2-35 may be: "Official (Map)(Description) of the corporate
2-36 limits of the Town of Bogart, Georgia." Photographic, typed,
2-37 or other copies of such map or description certified by the
2-38 town clerk shall be admitted as evidence in all courts and
2-39 shall have the same force and effect as with the original
2-40 map or description.
-2-
3- 1 (b) The town council may provide for the redrawing of any
3- 2 such map by ordinance to reflect lawful changes in the
3- 3 corporate boundaries. A redrawn map shall supersede for all
3- 4 purposes the entire map or maps which it is designated to
3- 5 replace.
3- 6 SECTION 1.12.
3- 7 Powers and construction.
3- 8 (a) This town shall have all powers possible for a town to
3- 9 have under the present or future Constitution and laws of
3-10 this state as fully and completely as though they were
3-11 specifically enumerated in this charter. This town shall
3-12 have all the power of self-government not otherwise
3-13 prohibited by this charter or by general law.
3-14 (b) The powers of this town shall be construed liberally in
3-15 favor of the town. The specific mention or failure to
3-16 mention particular powers shall not be construed as limiting
3-17 in any way the powers of this town.
3-18 SECTION 1.13.
3-19 Examples of powers.
3-20 The powers of the town shall include, but are not limited
3-21 to, the following powers:
3-22 (1) Air and water pollution. To regulate the emission
3-23 of smoke or other exhaust which pollutes the air, and to
3-24 prevent the pollution of natural streams which flow
3-25 within the corporate limits of the town;
3-26 (2) Animal regulations. To regulate and license or to
3-27 prohibit the keeping or running at large of animals and
3-28 fowl, and to provide for the impoundment of same if in
3-29 violation of any ordinance or lawful order; to provide
3-30 for the disposition by sale, gift, or humane destruction
3-31 of animals and fowl when not redeemed as provided by
3-32 ordinance; and to provide punishment for violation of
3-33 ordinances enacted under this paragraph;
3-34 (3) Appropriations and expenditures. To make
3-35 appropriations for the support of the government of the
3-36 town; to authorize the expenditure of money for any
3-37 purposes authorized by this charter and for any purpose
3-38 for which a municipality is authorized by the laws of
3-39 the State of Georgia; and to provide for the payment of
3-40 expenses of the town;
-3-
4- 1 (4) Building regulation. To regulate and to license the
4- 2 erection and construction of buildings and all other
4- 3 structures; to adopt building, housing, plumbing,
4- 4 electric, gas, and heating and air conditioning codes;
4- 5 and to regulate all housing, and building trades;
4- 6 (5) Business regulations and taxation. To levy and to
4- 7 provide for the collection of license fees and taxes on
4- 8 privileges, occupations, trades, and professions; to
4- 9 license and regulate the same; to provide for the manner
4-10 and method of payment of such license fees and taxes;
4-11 and to revoke such permits after due process for failure
4-12 to pay any town taxes or fees;
4-13 (6) Condemnation. To condemn property, inside and
4-14 outside the corporate limits of the town, for present or
4-15 future use and for any corporate purpose deemed
4-16 necessary by the governing authority utilizing
4-17 procedures enumerated in Title 22 of the Official Code
4-18 of Georgia Annotated, or such other applicable laws as
4-19 are or may hereafter be enacted;
4-20 (7) Contracts. To enter into contracts and agreements
4-21 with other governmental entities and with private
4-22 persons, firms, and corporations;
4-23 (8) Emergencies. To establish procedures for determining
4-24 and proclaiming that an emergency situation exists
4-25 inside or outside the town, and to make and carry out
4-26 all reasonable provisions deemed necessary to deal
4-27 with or meet such an emergency for the protection,
4-28 safety, health, or well-being of the citizens of the
4-29 town;
4-30 (9) Fire regulations. To fix and establish fire limits
4-31 and from time to time to extend, enlarge, or restrict
4-32 the same; to prescribe fire safety regulations not
4-33 inconsistent with general law relating to both fire
4-34 prevention and detection and to fire fighting; and to
4-35 prescribe penalties and punishment for violations
4-36 thereof;
4-37 (10) Garbage fees. To levy, fix, assess, and collect a
4-38 garbage, refuse, and trash collection and disposal and
4-39 other sanitary service charge, tax, or fee for such
4-40 services as may be necessary in the operation of the
4-41 town from all individuals, firms, and corporations
4-42 residing in or doing business in the town benefiting
4-43 from such services; to enforce the payment of such
-4-
5- 1 charges, taxes, or fees; and to provide for the manner
5- 2 and method of collecting such service charges;
5- 3 (11) General health and welfare. To define, regulate,
5- 4 and prohibit any act, practice, conduct, or use of
5- 5 property which is detrimental to health, sanitation,
5- 6 cleanliness, welfare, and safety of the inhabitants of
5- 7 the town; and to provide for the enforcement of such
5- 8 standards;
5- 9 (12) Gifts. To accept or refuse gifts, donations,
5-10 bequests, or grants from any source for any purpose
5-11 related to powers and duties of the town and the general
5-12 welfare of its citizens, on such terms and conditions as
5-13 the donor or granter may impose;
5-14 (13) Health and sanitation. To prescribe standards of
5-15 health and sanitation and to provide for the enforcement
5-16 of such standards;
5-17 (14) Jail sentence. To provide that persons given jail
5-18 sentences in the town's court may work out such
5-19 sentences in any public works or on the streets, roads,
5-20 drains, and other public property in the town; to
5-21 provide for commitment of such persons to any jail; or
5-22 to provide for commitment of such persons to any county
5-23 work camp or county jail by agreement with the
5-24 appropriate county officials;
5-25 (15) Motor vehicles. To regulate the operation of motor
5-26 vehicles and exercise control over all traffic,
5-27 including parking upon or across the streets, roads,
5-28 alleys, and walkways of the town;
5-29 (16) Municipal agencies and delegation of power. To
5-30 create, alter, or abolish departments, boards, offices,
5-31 commissions, and agencies of the town; and to confer
5-32 upon such agencies the necessary and appropriate
5-33 authority for carrying out all the powers conferred upon
5-34 or delegated to the same;
5-35 (17) Municipal debts. To appropriate and borrow money
5-36 for the payment of debts of the town and to issue bonds
5-37 for the purpose of raising revenue to carry out any
5-38 project, program, or venture authorized by this charter
5-39 or the laws of the State of Georgia;
5-40 (18) Municipal property ownership. To acquire, dispose
5-41 of, and hold in trust or otherwise, any real, personal,
-5-
6- 1 or mixed property, in fee simple or lesser interest,
6- 2 inside or outside the property limits of the town;
6- 3 (19) Municipal property protection. To provide for the
6- 4 preservation and protection of property and equipment of
6- 5 the town and the administration and the use of same by
6- 6 the public; and to prescribe penalties and punishment
6- 7 for violations thereof;
6- 8 (20) Municipal utilities. To acquire, lease, construct,
6- 9 operate, maintain, sell, and dispose of public
6-10 utilities, including but not limited to a system of
6-11 waterworks, sewers and drains, sewage disposal, gas
6-12 works, electric light plants, transportation facilities,
6-13 public airports, and other public utility; to fix the
6-14 taxes, charges, rates, fares, fees, assessments,
6-15 regulations, and penalties and to provide for the
6-16 withdrawal of service for refusal or failure to pay the
6-17 same; and to authorize the extension of water, sewerage,
6-18 and electrical distribution systems and all necessary
6-19 appurtenances by which said utilities are distributed,
6-20 inside and outside the corporate limits of the town, as
6-21 provided by ordinance;
6-22 (21) Nuisance. To define a nuisance and provide for its
6-23 abatement whether on public or private property;
6-24 (22) Penalties. To provide penalties for violation of
6-25 any ordinances adopted pursuant to the authority of this
6-26 charter and the laws of the State of Georgia;
6-27 (23) Planning and zoning. To provide comprehensive town
6-28 planning for development by zoning; and to provide
6-29 subdivision regulation and the like as the town council
6-30 deems necessary and reasonable to ensure a safe,
6-31 healthy, and esthetically pleasing community;
6-32 (24) Police and fire protection. To exercise the power
6-33 of arrest through duly appointed police officers; and to
6-34 establish, operate, or contract for a police and a fire
6-35 fighting agency;
6-36 (25) Public Hazards: Removal. To provide for the
6-37 destruction and removal of any building or other
6-38 structure which is or may become dangerous or
6-39 detrimental to the public;
6-40 (26) Public improvements. To provide for the
6-41 acquisition, construction, building, operation, and
6-42 maintenance of public ways, parks and playgrounds,
-6-
7- 1 recreational facilities, cemeteries, markets and market
7- 2 houses, public buildings, libraries, public housing,
7- 3 airports, hospitals, terminals, docks, parking
7- 4 facilities, or charitable, cultural, educational,
7- 5 recreational, conservation, sport, curative, corrective,
7- 6 detentional, penal, and medical institutions, agencies,
7- 7 and facilities; to provide any other public
7- 8 improvements, inside or outside the corporate limits of
7- 9 the town; and to regulate the use of public
7-10 improvements; and, for such purposes, property may be
7-11 acquired by condemnation under Title 22 of the Official
7-12 Code of Georgia Annotated, or such other applicable laws
7-13 as are or may hereafter be enacted;
7-14 (27) Public peace. To provide for the prevention and
7-15 punishment of drunkenness, riots, and public
7-16 disturbances;
7-17 (28) Public transportation. To organize and operate
7-18 such public transportation systems as are deemed
7-19 beneficial;
7-20 (29) Public utilities and services. To grant
7-21 franchises or make contracts for public utilities and
7-22 public services; and to prescribe the rates, fares,
7-23 regulations, and standards and conditions of service
7-24 applicable to the service to be provided by the
7-25 franchise grantee or contractor, insofar as such are not
7-26 in conflict with regulations of the Public Service
7-27 Commission;
7-28 (30) Regulation of roadside areas. To prohibit or
7-29 regulate and control the erection, removal, and
7-30 maintenance of signs, billboards, trees, shrubs,
7-31 fences, buildings, and any and all other structures or
7-32 obstructions upon or adjacent to the rights of way of
7-33 streets and roads or within view thereof, within or
7-34 abutting the corporate limits of the town; and to
7-35 prescribe penalties and punishment for violation of such
7-36 ordinances;
7-37 (31) Retirement. To provide and maintain a retirement
7-38 plan for officers and employees of the town;
7-39 (32) Roadways. To lay out, open, extend, widen, narrow,
7-40 establish, change the grade of, abandon or close,
7-41 construct, pave, maintain, repair, clean, prevent
7-42 erosion of, and light the roads, alleys, and walkways
7-43 within the corporate limits of the town; to negotiate
-7-
8- 1 and execute leases over, through, under, or across any
8- 2 town property or the right-of-way of any street, road,
8- 3 alley, and walkway or portion thereof within the
8- 4 corporate limits of the town, for bridges, passageways,
8- 5 or any other purpose or use between buildings on
8- 6 opposite sides of the street and for other bridges,
8- 7 overpasses, and underpasses for private use at such
8- 8 location, and to charge a rental therefor in such manner
8- 9 as may be provided by ordinance; to authorize and
8-10 control the construction of bridges, overpasses, and
8-11 underpasses within the corporate limits of the town; to
8-12 grant franchises and rights-of-way throughout the
8-13 streets and roads, and over the bridges and viaducts for
8-14 the use of public utilities or for private use; and to
8-15 require real estate owners to repair and maintain in a
8-16 safe condition the sidewalks adjoining their lots or
8-17 lands to curb or street and to impose penalties for
8-18 failure to do so;
8-19 (33) Sewer fees. To levy a fee, charge, or sewer tax as
8-20 necessary to assure the acquiring, constructing,
8-21 equipping, operating, maintaining, and extending of a
8-22 sewage disposal plant and sewerage system, and to levy
8-23 on those to whom sewers and sewerage systems are made
8-24 available a sewer service fee, charge, or sewer tax for
8-25 the availability or use of the sewers; to provide for
8-26 the manner and method of collecting such service charges
8-27 and for enforcing payment of the same; and to charge,
8-28 impose, and collect a sewer connection fee or fees to
8-29 those connected with the system;
8-30 (34) Solid waste disposal. To provide for the
8-31 collection and disposal of garbage, rubbish, and refuse,
8-32 and to regulate the collection and disposal of garbage,
8-33 rubbish, and refuse by others; and to provide for the
8-34 separate collection of glass, tin, aluminum, cardboard,
8-35 paper, and other recyclable materials and to provide for
8-36 the sale of such items;
8-37 (35) Special areas of public regulation. To regulate or
8-38 prohibit junk dealers, pawn shops, the manufacture,
8-39 sale, or transportation of intoxicating liquors, and the
8-40 use and sale of firearms; to regulate the
8-41 transportation, storage, and use of combustible,
8-42 explosive, and flammable materials, the use of lighting
8-43 and heating equipment, and any other business or
8-44 situation which may be dangerous to persons or property;
-8-
9- 1 to regulate and control the conduct of peddlers and
9- 2 itinerant traders, theatrical performances, exhibitions,
9- 3 and shows of any kind, by taxation or otherwise; and to
9- 4 license, tax, regulate, or prohibit professional
9- 5 fortunetelling, palmistry, adult bookstores, and massage
9- 6 parlors;
9- 7 (36) Special assessments. To levy and provide for the
9- 8 collection of special assessments to cover the costs for
9- 9 any public improvements;
9-10 (37) Taxes: ad valorem. To levy and provide for the
9-11 assessment, valuation, revaluation, and collection of
9-12 taxes on all property subject to taxation;
9-13 (38) Taxes: other. To levy and collect such other
9-14 taxes as may be allowed now or in the future by law;
9-15 (39) Taxicabs. To regulate and license vehicles
9-16 operated for hire in the town; to limit the number of
9-17 such vehicles; to require the operators of such vehicles
9-18 to be licensed; to require public liability insurance on
9-19 such vehicles in the amounts to be prescribed by
9-20 ordinance; and to regulate the parking of such vehicles;
9-21 (40) Urban redevelopment. To organize and operate an
9-22 urban redevelopment program; and
9-23 (41) Other powers. To exercise and enjoy all other
9-24 powers, functions, rights, privileges, and immunities
9-25 necessary or desirable to promote or protect the
9-26 safety, health, peace, security, good order, comfort,
9-27 convenience, or general welfare of the town and its
9-28 inhabitants; and to exercise all implied powers
9-29 necessary to carry into execution all powers granted in
9-30 this charter as fully and completely as if such powers
9-31 were fully stated in this charter; to exercise all
9-32 powers now or in the future authorized to be exercised
9-33 by other municipal governments under other laws of the
9-34 State of Georgia; and no listing of particular powers in
9-35 this charter shall be held to be exclusive of others,
9-36 nor restrictive of general words and phrases granting
9-37 powers, but shall be held to be in addition to such
9-38 powers unless expressly prohibited to municipalities
9-39 under the Constitution or applicable laws of the State
9-40 of Georgia.
9-41 SECTION 1.14.
9-42 Exercise of powers.
-9-
10- 1 All powers, functions, rights, privileges, and immunities of
10- 2 the town, its officers, agencies, or employees shall be
10- 3 carried into execution as provided in this charter. If this
10- 4 charter makes no provision, such shall be carried into
10- 5 execution as provided by ordinance or as provided by
10- 6 pertinent laws of the State of Georgia.
10- 7 Governmental structure
10- 8 SECTION 2.10.
10- 9 Town council creation; number; election.
10-10 The legislative authority of the government of this town,
10-11 except as otherwise specifically provided in this charter,
10-12 shall be vested in a town council to be composed of a mayor
10-13 and four councilmembers. The mayor and councilmembers shall
10-14 be elected in the manner provided by this charter.
10-15 SECTION 2.11.
10-16 Town council terms and
10-17 qualifications for office.
10-18 The members of the town council shall serve for terms of
10-19 four years and until their respective successors are elected
10-20 and qualified. No person shall be eligible to serve as mayor
10-21 unless that person has attained the age of 25 years, is a
10-22 citizen of the United States, and has resided in the
10-23 corporate limits of Bogart for one year immediately
10-24 preceding his or her election. No person shall be eligible
10-25 to serve as a councilmember of Bogart unless such person has
10-26 attained the age of 21 years, is a citizen of the United
10-27 States, and has resided in the corporate limits of Bogart
10-28 six months immediately preceeding his or her election. Each
10-29 member shall continue to reside therein during that member's
10-30 period of service and shall continue to be registered and
10-31 qualified to vote in municipal elections of this town.
10-32 SECTION 2.12.
10-33 Vacancy; filling of vacancies; suspensions.
10-34 (a) Vacancies. The office of mayor or councilmember shall
10-35 become vacant upon the incumbent's death, resignation,
10-36 forfeiture of office, or removal from office in any manner
10-37 authorized by this charter or the general laws of the State
10-38 of Georgia. A vacancy in the office of mayor or
10-39 councilmember shall be filled for the remainder of the
10-40 unexpired term, if any, as provided for in this charter.
-10-
11- 1 (b) Suspension. Upon the suspension from office of mayor or
11- 2 a councilmember in any manner authorized by the general laws
11- 3 of the State of Georgia, the town council or those remaining
11- 4 shall appoint a successor for the duration of the
11- 5 suspension. If the suspension becomes permanent, then the
11- 6 office shall become vacant and shall be filled for the
11- 7 remainder of the unexpired term, if any, as provided in this
11- 8 charter.
11- 9 SECTION 2.13.
11-10 Compensation and expenses.
11-11 The mayor and councilmembers shall receive compensation and
11-12 expenses for their services as provided by ordinance.
11-13 SECTION 2.14.
11-14 Holding other office; voting when financially interested.
11-15 (a) Except as authorized by law, the mayor or any
11-16 councilmember shall not hold any other town office or town
11-17 employment during the term for which that person was
11-18 elected.
11-19 (b) Neither the mayor nor any member of the town council
11-20 shall vote upon, sign, or veto any ordinance, resolution,
11-21 contract, or other matter in which that person is personally
11-22 interested.
11-23 SECTION 2.15.
11-24 Inquiries and investigations.
11-25 The town council may make inquiries and investigations into
11-26 the affairs of the town and the conduct of any department,
11-27 office, or agency of the town and for this purpose may
11-28 subpoena witnesses, administer oaths, take testimony, and
11-29 require the production of evidence. Any person who fails or
11-30 refuses to obey a lawful order issued in the exercise of
11-31 these powers by the town council shall be punished as
11-32 provided by ordinance.
11-33 SECTION 2.16.
11-34 General power and authority of the town council.
11-35 Except as otherwise provided by law or this charter, the
11-36 town council shall be vested with all the powers of
11-37 government of this town as provided by Article I of this
11-38 charter.
11-39 SECTION 2.17.
11-40 Eminent domain.
-11-
12- 1 The town council is authorized to acquire, construct,
12- 2 operate, and maintain public ways, parks, public grounds,
12- 3 cemeteries, markets, market houses, public buildings,
12- 4 libraries, sewers, drains, sewage treatment, waterworks,
12- 5 electrical systems, gas systems, airports, hospitals, and
12- 6 charitable, educational, recreational, sport, curative,
12- 7 corrective, detentional, penal, and medical institutions,
12- 8 agencies, and facilities and any other public improvements,
12- 9 inside or outside the town, and to regulate the use thereof;
12-10 and for such purposes, property may be condemned under
12-11 procedures established under general law applicable now or
12-12 as provided in the future.
12-13 SECTION 2.18.
12-14 Organizational meetings.
12-15 The town council shall hold an organizational meeting at the
12-16 regular council meeting in the first January following the
12-17 municipal election. The meeting shall be called to order by
12-18 the town clerk and the oath of office shall be administered
12-19 to the newly elected members as follows:
12-20 "I do solemnly (swear)(affirm) that I will faithfully
12-21 perform the duties of (mayor)(councilmember) of Bogart and
12-22 that I will support and defend the charter thereof as well
12-23 as the Constitution and laws of the State of Georgia and
12-24 of the United States of America."
12-25 SECTION 2.19.
12-26 Regular and special meetings.
12-27 (a) The town council shall hold regular meetings at such
12-28 times and places as shall be prescribed by ordinance.
12-29 (b) Special meetings of the town council may be held on call
12-30 of the mayor or two members of the town council. Notice of
12-31 such special meetings shall be served on all other members
12-32 personally, or by telephone personally, at least 48 hours in
12-33 advance of the meeting. Such notice to councilmembers shall
12-34 not be required if the mayor and all councilmembers are
12-35 present when the special meeting is called. Such notice of
12-36 any special meeting may be waived by a councilmember in
12-37 writing before or after such a meeting, and attendance at
12-38 the meeting shall also constitute a waiver of notice on any
12-39 business transacted in such councilmember's presence. Only
12-40 the business stated in the call may be transacted at the
12-41 special meeting.
-12-
13- 1 (c) All meetings of the town council shall be public to the
13- 2 extent required by law, and notice to the public of special
13- 3 meetings shall be made fully as is reasonably possible two
13- 4 days prior to such meetings.
13- 5 SECTION 2.20.
13- 6 Rules of procedure.
13- 7 (a) The town council shall adopt its rules of procedure and
13- 8 order of business consistent with the provisions of this
13- 9 charter and shall provide for keeping a journal of its
13-10 proceedings, which shall be a public record.
13-11 (b) All committees and committee chairpersons and officers
13-12 of the town council shall be appointed by the mayor and
13-13 shall serve at the pleasure of the mayor. The mayor shall
13-14 have the power to appoint new members to any committee at
13-15 any time.
13-16 SECTION 2.21.
13-17 Quorum: voting.
13-18 The mayor and two councilmembers or, in the absence of the
13-19 mayor, three councilmembers shall constitute a quorum and
13-20 shall be authorized to transact business of the town
13-21 council. Voting on the adoption of ordinances shall be by
13-22 voice vote and the vote shall be recorded in the journal,
13-23 but any member of the town council shall have the right to
13-24 request a roll-call vote, and such vote shall be recorded in
13-25 the journal. Except as otherwise provided in this charter,
13-26 the affirmative vote of a majority of councilmembers with a
13-27 quorum present shall be required for the adoption of any
13-28 ordinance, resolution, or motion.
13-29 SECTION 2.22.
13-30 Ordinance form; procedures.
13-31 (a) Every proposed ordinance should be introduced in writing
13-32 and in the form required for final adoption. No ordinance
13-33 shall contain a subject which is not expressed in its title.
13-34 The enacting clause shall be "The Council of the Town of
13-35 Bogart hereby ordains . . ." and every ordinance shall so
13-36 begin.
13-37 (b) An ordinance may be introduced by any councilmember and
13-38 be read at a regular or special meeting of the town council.
13-39 Ordinances shall be considered and adopted or rejected by
13-40 the town council in accordance with the rules which it shall
13-41 establish; provided, however, an ordinance shall not be
13-42 adopted the same day it is introduced, except for emergency
-13-
14- 1 ordinances provided in Section 2.24. Upon introduction of
14- 2 any ordinance, the clerk shall as soon as possible
14- 3 distribute a copy to the mayor and to each councilmember and
14- 4 shall file a reasonable number of copies in the office of
14- 5 the clerk and at such other public places as the town
14- 6 council may designate.
14- 7 SECTION 2.23.
14- 8 Action requiring an ordinance.
14- 9 Acts of the town council which have the force and effect of
14-10 law shall be enacted by ordinance.
14-11 SECTION 2.24.
14-12 To meet a public emergency affecting life, health, property,
14-13 or public peace, the town council may convene on the call of
14-14 the mayor or two councilmembers and may promptly adopt an
14-15 emergency ordinance, but such ordinance may not levy taxes;
14-16 grant, renew, or extend a franchise; regulate the rate
14-17 charged by any public utility for its services; or authorize
14-18 the borrowing of money except for loans to be repaid within
14-19 30 days. An emergency ordinance shall be introduced in the
14-20 form prescribed for ordinances generally, except that it
14-21 shall be plainly designated as an emergency ordinance and
14-22 shall contain, after the enacting clause, a declaration
14-23 stating that an emergency exists and describing the
14-24 emergency in clear and specific terms. An emergency
14-25 ordinance may be adopted, with or without amendment, or
14-26 rejected at the meeting at which it is introduced, but the
14-27 affirmative vote of a majority of councilmembers present
14-28 shall be required for adoption. It shall become effective
14-29 upon adoption or at such later time as it may specify. Every
14-30 emergency ordinance shall automatically stand repealed 30
14-31 days following the date upon which it was adopted, but this
14-32 shall not prevent reenactment of the ordinance in the
14-33 manner specified in this section if the emergency still
14-34 exists. An emergency ordinance may also be repealed by
14-35 adoption of a repealing ordinance in the same manner
14-36 specified in this section for adoption of emergency
14-37 ordinances.
14-38 SECTION 2.25.
14-39 Codes of technical regulations.
14-40 (a) The town council may adopt any standard code of
14-41 technical regulations by reference thereof in an adopting
14-42 ordinance. The procedure and requirements governing such
-14-
15- 1 adopting ordinance shall be as prescribed for ordinances
15- 2 generally except that: (1) the requirements of subsection
15- 3 (b) of Section 2.22 of this charter for distribution and
15- 4 filing of copies of the ordinance shall be construed to
15- 5 include copies of any code of technical regulations, as well
15- 6 as the adopting ordinance; and (2) a copy of each adopted
15- 7 code of technical regulations, as well as the adopting
15- 8 ordinance, shall be authenticated and recorded by the clerk
15- 9 pursuant to Section 2.26 of this charter.
15-10 (b) Copies of any adopted code of technical regulations
15-11 shall be made available by the clerk for distribution or for
15-12 purchase at a reasonable price.
15-13 SECTION 2.26.
15-14 Signing; authenticating; recording;
15-15 codification; printing.
15-16 (a) The clerk shall authenticate by the clerk's signature
15-17 and record in full, in a properly indexed book kept for that
15-18 purpose, all ordinances adopted by the council.
15-19 (b) The town council shall provide for the preparation of a
15-20 general codification of all the ordinances of the town
15-21 having the force and effect of law. The general codification
15-22 shall be adopted by the town council by ordinance and shall
15-23 be published promptly, together with all amendments thereto
15-24 and such codes of technical regulations and other rules and
15-25 regulations as the town council may specify. This
15-26 compilation shall be known and cited officially as "The Code
15-27 of the Town of Bogart, Georgia." Copies of the code shall be
15-28 furnished to all officers, departments, and agencies of the
15-29 town and made available for purchase by the public at a
15-30 reasonable price as fixed by the town council.
15-31 (c) The town council shall cause each ordinance and each
15-32 amendment to this charter to be printed promptly following
15-33 its adoption, and the printed ordinances and charter
15-34 amendments shall be made available for purchase by the
15-35 public at reasonable prices to be fixed by the town council.
15-36 Following publication of the first code under this charter
15-37 and at all times thereafter, the ordinances and charter
15-38 amendments shall be printed in substantially the same style
15-39 as the code currently in effect and shall be suitable in
15-40 form for incorporation therein. The town council shall make
15-41 such further arrangements as deemed desirable with the
15-42 reproduction and distribution of any current changes in or
-15-
16- 1 additions to codes of technical regulations and other rules
16- 2 and regulations included in the code.
16- 3 SECTION 2.27.
16- 4 Election of mayor; forfeiture; compensation.
16- 5 The mayor shall be elected and serve for a term of four
16- 6 years and until a successor is elected and qualified. The
16- 7 mayor shall forfeit the office on the same grounds and under
16- 8 the same procedure as for councilmembers. The compensation
16- 9 of the mayor shall be established in the same manner as for
16-10 councilmembers.
16-11 SECTION 2.28.
16-12 Mayor pro tem.
16-13 By a majority vote, the town council shall elect a
16-14 councilmember to serve as mayor pro tem. The mayor pro tem
16-15 shall assume the duties and powers of the mayor during the
16-16 mayor's disability or absence. Any such disability or
16-17 absence shall be declared by a majority vote of the town
16-18 council.
16-19 SECTION 2.29.
16-20 Powers and duties of mayor.
16-21 The mayor shall:
16-22 (1) Preside at all meetings of the town council;
16-23 (2) Be the head of the town for the purpose of service
16-24 of process and for ceremonial purposes and shall be the
16-25 official spokesperson for the town and the chief
16-26 advocate of policy;
16-27 (3) Have the power to administer oaths and to take
16-28 affidavits;
16-29 (4) Sign as a matter of course on behalf of the town all
16-30 written and approved contracts, ordinances, and other
16-31 instruments executed by the town which by law are
16-32 required to be in writing;
16-33 (5) Vote on matters before the town council and shall be
16-34 counted toward a quorum as any other councilmember;
16-35 (6) Prepare and submit to the town council a recommended
16-36 annual operating budget and recommended capital budget;
16-37 and
16-38 (7) Fulfill such other executive and administrative
16-39 duties as the town council shall by ordinance establish.
-16-
17- 1 Administrative affairs
17- 2 SECTION 3.10.
17- 3 Administrative and service departments.
17- 4 (a) Except as otherwise provided in this charter, the town
17- 5 council, by ordinance, shall prescribe the functions or
17- 6 duties and establish, abolish, or alter all nonelective
17- 7 offices, positions of employment, departments, and agencies
17- 8 of the town as necessary for the proper administration of
17- 9 the affairs and government of this town.
17-10 (b) Except as otherwise provided by this charter or by law,
17-11 the directors of departments and other appointed officers of
17-12 this town shall be appointed solely on the basis of their
17-13 respective administrative and professional qualifications.
17-14 (c) All appointed officers and directors of departments
17-15 shall receive such compensation as prescribed by ordinance.
17-16 (d) There shall be a director of each department or agency
17-17 who shall be its principal officer. Each director shall,
17-18 subject to the direction and supervision of the mayor, be
17-19 responsible for the administration and direction of the
17-20 affairs and operations of that director's department or
17-21 agency.
17-22 (e) All directors under the supervision of the mayor shall
17-23 be nominated by the mayor with confirmation of appointment
17-24 by the town council. The mayor may suspend or remove
17-25 directors under his or her supervision, but such shall not
17-26 be effective for 14 calendar days following the mayor giving
17-27 written notice of such action and the reasons therefor to
17-28 the director involved and to the town council. The director
17-29 involved may appeal to the town council which, after a
17-30 hearing, may override the mayor's action by a vote of a
17-31 majority of all councilmembers.
17-32 SECTION 3.11.
17-33 Boards, commissions, and authorities.
17-34 (a) The town council shall create by ordinance such boards,
17-35 commissions, and authorities to fulfill any investigative,
17-36 quasi-judicial, or quasi-legislative function the town
17-37 council deems necessary and shall by ordinance establish the
17-38 composition, period of existence, duties, and powers
17-39 thereof.
-17-
18- 1 (b) All members of boards, commissions, and authorities of
18- 2 the town shall be appointed by the town council for such
18- 3 terms of office and in such a manner as shall be provided by
18- 4 ordinance, except where other appointing authority, terms of
18- 5 office, or manner of appointment is prescribed by this
18- 6 charter or by law.
18- 7 (c) The town council by ordinance may provide for the
18- 8 compensation and reimbursement for actual and necessary
18- 9 expenses of the members of any board, commission, or
18-10 authority.
18-11 (d) Except as otherwise provided by charter or by law, no
18-12 member or any board, commission, or authority shall hold any
18-13 elective office in the town.
18-14 (e) Any vacancy on a board, commission, or authority of the
18-15 town shall be filled for the unexpired term in the manner
18-16 prescribed in this charter for original appointment, except
18-17 as otherwise provided by this charter or by law.
18-18 (f) No member of a board, commission, or authority shall
18-19 assume office until that person has executed and filed with
18-20 the clerk of the town an oath obligating himself or herself
18-21 to perform faithfully and impartially the duties of that
18-22 member's office, such oath to be prescribed by ordinance and
18-23 administered by the mayor.
18-24 (g) Any member of a board, commission, or authority may be
18-25 removed from office for cause by a vote of a majority of all
18-26 members of the town council.
18-27 (h) Except as otherwise provided by this charter or by law,
18-28 each board, commission, or authority of the town shall elect
18-29 one of its members as chairperson and one member as
18-30 vice-chairperson and may elect as its secretary one of its
18-31 own members or may appoint as secretary an employee of the
18-32 town. Each board, commission, or authority of the town
18-33 government may establish such bylaws, rules, and
18-34 regulations, not inconsistent with this charter, ordinances
18-35 of the town, or law, as it deems appropriate and necessary
18-36 for the fulfillment of its duties or the conduct of its
18-37 affairs. Copies of such bylaws, rules, and regulations shall
18-38 be filed with the clerk of the town.
18-39 SECTION 3.12.
18-40 Town attorney.
18-41 The town council may appoint each year a town attorney,
18-42 together with such assistant town attorneys as may be
-18-
19- 1 authorized, and shall provide for the payment of such
19- 2 attorney or attorneys for services rendered to the town. The
19- 3 town attorney shall be responsible for representing and
19- 4 defending the town in all litigation in which the town is a
19- 5 party; may be the prosecuting officer in the municipal
19- 6 court; shall attend the meetings of the council as directed;
19- 7 shall advise the town council, mayor, and other officers and
19- 8 employees of the town concerning legal aspects of the town's
19- 9 affairs; and shall perform such other duties as may be
19-10 required by virtue of the person's position as town
19-11 attorney.
19-12 SECTION 3.13.
19-13 The town council shall appoint a town clerk who shall not be
19-14 a councilmember. The town clerk shall be custodian of the
19-15 official town seal; maintain town council records required
19-16 by this charter; and perform such other duties as may be
19-17 required by the town council.
19-18 SECTION 3.14.
19-19 Town treasurer.
19-20 The town council shall appoint a town treasurer to collect
19-21 all taxes, licenses, fees, and other monies belonging to the
19-22 town subject to the provisions of this charter and the
19-23 ordinances of the town, and to enforce all laws of Georgia
19-24 relating to the collection of delinquent taxes and sale or
19-25 foreclosure for nonpayment of taxes by the town. The town
19-26 treasurer shall also be responsible for the general duties
19-27 of a treasurer and fiscal officer.
19-28 SECTION 3.15.
19-29 Town accountant.
19-30 The town council shall appoint a town accountant to perform
19-31 the duties of an accountant.
19-32 SECTION 3.16.
19-33 Position classification and pay plans.
19-34 The town manager shall be responsible for the preparation of
19-35 a position classification and pay plan which shall be
19-36 submitted to the town council for approval. Such plan may
19-37 apply to all employees of the town and any of its agencies,
19-38 departments, boards, commissions, or authorities. When a pay
19-39 plan has been adopted, the town council shall not increase
19-40 or decrease the salary range applicable to any position
19-41 except by amendment of such pay plan. For purposes of this
-19-
20- 1 section, all elected and appointed town officials are not
20- 2 town employees.
20- 3 SECTION 3.17.
20- 4 Personnel policies.
20- 5 The town council shall adopt rules and regulations
20- 6 consistent with this charter concerning:
20- 7 (1) The method of employee selection and probationary
20- 8 periods of employment;
20- 9 (2) The administration of the position classification
20-10 and pay plan, methods of promotion and application of
20-11 service ratings thereto, and transfer of employees
20-12 within the classification plan;
20-13 (3) Hours of work, vacation, sick leave, and other
20-14 leaves of absence, overtime pay, and the order and
20-15 manner in which layoffs shall be effected;
20-16 (4) Such dismissal hearings as due process may require;
20-17 and
20-18 (5) Such other personnel notices as may be necessary to
20-19 provide for adequate and systematic handling of
20-20 personnel affairs.
20-21 Judicial branch
20-22 SECTION 4.10.
20-23 Creation; name.
20-24 There shall be a court to be known as the Municipal Court of
20-25 the Town of Bogart.
20-26 SECTION 4.11.
20-27 Chief judge; associate judge.
20-28 (a) The municipal court shall be presided over by a chief
20-29 judge and such part-time, full-time, or stand-by judges as
20-30 shall be provided by ordinance. The method of selection and
20-31 terms of such judges shall be as provided by ordinance.
20-32 (b) No person shall be qualified or eligible to serve as a
20-33 judge of the municipal court unless that person shall have
20-34 attained the age of 21 years and shall be a member of the
20-35 State Bar of Georgia. All judges shall be appointed by the
20-36 town council.
20-37 (c) Compensation of the judges shall be fixed by ordinance.
-20-
21- 1 (d) Judges may be removed for cause by a vote of a majority
21- 2 of all members of the town council.
21- 3 (e) Before assuming office, each judge shall take an oath,
21- 4 given by the mayor, that the judge will honestly and
21- 5 faithfully discharge the duties of the office to the best of
21- 6 that person's ability and without fear, favor, or
21- 7 partiality. The oath shall be entered upon the minutes of
21- 8 the town council journal required in Section 2.20 of this
21- 9 charter.
21-10 SECTION 4.12.
21-11 The municipal court shall be convened at regular intervals
21-12 as provided by ordinance.
21-13 SECTION 4.13.
21-14 Jurisdiction; powers.
21-15 (a) The municipal court shall try and punish violations of
21-16 this charter, all town ordinances, and such other violations
21-17 as provided by law.
21-18 (b) The municipal court shall have authority to punish those
21-19 in its presence for contempt, provided that such punishment
21-20 shall not exceed $200.00 or ten days in jail.
21-21 (c) The municipal court may fix punishment for offenses
21-22 within its jurisdiction not exceeding a fine of $1,000.00 or
21-23 imprisonment for no more than six months or both such fine
21-24 and imprisonment or may fix punishment by fine,
21-25 imprisonment, or alternative sentencing as now or hereafter
21-26 provided by law.
21-27 (d) The municipal court shall have authority to establish a
21-28 schedule of fees to defray the cost of operation and shall
21-29 be entitled to reimbursement of the cost of meals,
21-30 transportation, and caretaking of prisoners bound over to
21-31 superior courts for violations of state law.
21-32 (e) The municipal court shall have authority to establish
21-33 bail and recognizances to ensure the presence of those
21-34 charged with violations before said court and shall have
21-35 discretionary authority to accept cash or personal or real
21-36 property as surety for the appearance of persons charged
21-37 with violations. Whenever any person shall give bail for
21-38 that person's appearance and shall fail to appear at the
21-39 time fixed for trial, the bond shall be forfeited by the
21-40 judge presiding at such time and an execution issued thereon
-21-
22- 1 by serving the defendant and the defendant's sureties with a
22- 2 rule nisi, at least two days before a hearing on the rule
22- 3 nisi. In the event that cash or property is accepted in lieu
22- 4 of bond for security for the appearance of a defendant at
22- 5 trial, and if such defendant fails to appear at the time and
22- 6 place fixed for trial, the cash so deposited shall be on
22- 7 order of the judge declared forfeited to the town, or the
22- 8 property so deposited shall have a lien against it for the
22- 9 value forfeited, which lien shall be enforceable in the same
22-10 manner and to the same extent as a lien for town property
22-11 taxes.
22-12 (f) The municipal court shall have the same authority as
22-13 superior courts to compel the production of evidence in the
22-14 possession of any party; to enforce obedience to its orders,
22-15 judgments, and sentences; and to administer such oaths as
22-16 are necessary.
22-17 (g) The municipal court may compel the presence of all
22-18 parties necessary to a proper disposal of each case by the
22-19 issuance of summonses, subpoenas, and warrants which may be
22-20 served as executed by an officer as authorized by this
22-21 charter or by law.
22-22 (h) Each judge of the municipal court shall be authorized to
22-23 issue warrants for the arrest of persons charged with
22-24 offenses against any ordinance of the town, and each judge
22-25 of the municipal court shall have the same authority as a
22-26 magistrate of the state to issue warrants for offenses
22-27 against state laws committed within the town.
22-28 (i) The municipal court is specifically vested with all the
22-29 jurisdiction and powers throughout the geographic area of
22-30 this town granted by law to mayor's, recorder's and police
22-31 courts, and particularly by such laws as authorize the
22-32 abatement of nuisances and prosecution of traffic
22-33 violations.
22-34 SECTION 4.14.
22-35 The right of certiorari from the decision and judgment of
22-36 the municipal court shall exist in all criminal cases and
22-37 ordinance violation cases, and such certiorari shall be
22-38 obtained under the sanction of a judge of the Superior
22-39 Court of Oconee County under the laws of the State of
22-40 Georgia regulating the granting and issuance of writs of
22-41 certiorari.
-22-
23- 1 SECTION 4.15.
23- 2 Rules for court.
23- 3 With the approval of the town council, the judge shall have
23- 4 full power and authority to make reasonable rules and
23- 5 regulations necessary and proper to secure the efficient and
23- 6 successful administration of the municipal court; provided,
23- 7 however, that the town council may adopt in part or in toto
23- 8 the rules and regulations applicable to superior courts. The
23- 9 rules and regulations made or adopted shall be filed with
23-10 the town clerk, shall be available for public inspection,
23-11 and, upon request, a copy shall be furnished to all
23-12 defendants in municipal court proceedings at least 48 hours
23-13 prior to said proceedings.
23-14 SECTION 4.16.
23-15 Contracting for municipal court.
23-16 Notwithstanding any provision of this article, the Town of
23-17 Bogart may contract with Oconee County for municipal court
23-18 services in accordance with the Official Code of Georgia
23-19 Annotated as now or hereafter amended.
23-20 Elections and removal
23-21 SECTION 5.10.
23-22 Applicability of general law.
23-23 All primaries and elections shall be held and conducted in
23-24 accordance with Chapter 3 of Title 21 of the Official Code
23-25 of Georgia Annotated, known as the "Georgia Municipal
23-26 Election Code," as now or hereafter amended.
23-27 SECTION 5.11.
23-28 Election of the town council and mayor.
23-29 (a) There shall be a municipal general election biennially
23-30 on the Tuesday following the first Monday in November.
23-31 (b) There shall be elected the mayor and two councilmembers
23-32 at one election. The remaining town council seats shall be
23-33 filled at the election alternating with the first election
23-34 so that a continuing body is created as provided for in the
23-35 initial election held under this charter pursuant to Section
23-36 7.12.
23-37 SECTION 5.12.
23-38 Nonpartisan elections.
-23-
24- 1 Political parties shall not conduct primaries for town
24- 2 offices and all names of candidates for town offices shall
24- 3 be listed without party designations.
24- 4 SECTION 5.13.
24- 5 Election by plurality.
24- 6 The person receiving a plurality of the votes cast for any
24- 7 town office shall be elected.
24- 8 SECTION 5.14.
24- 9 Special elections; vacancies.
24-10 In the event that the office of mayor or councilmember shall
24-11 become vacant for any cause whatsoever, a special election
24-12 shall be held and conducted in accordance with Chapter 3 of
24-13 Title 21 of the Official Code of Georgia Annotated, known as
24-14 the "Georgia Municipal Election Code," as now or hereafter
24-15 amended.
24-16 SECTION 5.15.
24-17 Other provisions.
24-18 Except as otherwise provided in this charter, the town
24-19 council shall, by ordinance, prescribe such rules and
24-20 regulations as it deems appropriate to fulfill any options
24-21 and duties under Chapter 3 of Title 21 of the Official Code
24-22 of Georgia Annotated, known as the "Georgia Municipal
24-23 Election Code."
24-24 SECTION 5.16.
24-25 Removal of officers.
24-26 The mayor, councilmembers, or other appointed officers
24-27 provided for in this charter shall be removed from office
24-28 for any one or more of the following causes:
24-29 (1) Incompetence, misfeasance, or malfeasance in office;
24-30 (2) Conviction of a crime involving moral turpitude; or
24-31 (3) Pursuant to the terms of general law.
24-32 SECTION 6.10.
24-33 Property tax.
24-34 The town council may assess, levy, and collect an ad valorem
24-35 tax on all real and personal property within the corporate
24-36 limits of the town that is subject to such taxation by the
24-37 state and county. This tax is for the purpose of raising
-24-
25- 1 revenues to defray the costs of operating the town
25- 2 government, of providing governmental services, for the
25- 3 repayment of principal and interest on general obligations,
25- 4 and for any other public purpose as determined by the town
25- 5 council at its discretion.
25- 6 SECTION 6.11.
25- 7 Millage rate; due dates; payments methods.
25- 8 The town council by ordinance shall establish a millage rate
25- 9 for the town property tax, a due date, and time period
25-10 within which these taxes must be paid. The town council, by
25-11 ordinance, may provide for the payment of these taxes by
25-12 installments or in one lump sum and may authorize the
25-13 voluntary payment of taxes prior to the time when due.
25-14 SECTION 6.12.
25-15 Occupation and business taxes.
25-16 The town council by ordinance shall have the power to levy
25-17 such occupation or business taxes as are not denied by law.
25-18 Such taxes may be levied on both individuals and
25-19 corporations transacting business in this town or practicing
25-20 or offering to practice any profession or calling therein to
25-21 the extent such persons have a constitutionally sufficient
25-22 nexus to this town to be so taxed. The town council may
25-23 classify businesses, occupations, professions, or callings
25-24 for the purpose of such taxation in any way which may be
25-25 lawful and may compel the payment of such taxes as provided
25-26 in Section 6.18 of this charter.
25-27 SECTION 6.13.
25-28 Licenses; permits; fees.
25-29 The town council by ordinance shall have the power to
25-30 require any individuals or corporations who transact
25-31 business in this town or who practice or offer to practice
25-32 any professional or calling therein to obtain a license or
25-33 permit for such activity from the town and pay a reasonable
25-34 fee for such license or permit where such activities are not
25-35 now regulated by general law in such a way as to preclude
25-36 town regulations. Such fees may reflect the total cost to
25-37 the town of regulating the activity and, if unpaid, shall be
25-38 collected as provided in Section 6.18 of this charter. The
25-39 town council by ordinance may establish reasonable
25-40 requirements for obtaining or keeping such licenses as the
25-41 public health, safety, and welfare necessitate.
-25-
26- 1 SECTION 6.14.
26- 2 The town council shall have the power to grant franchises
26- 3 for the use of this town's streets and alleys for the
26- 4 purposes of railroads, street railways, telephone companies,
26- 5 electric companies, cable television, gas companies,
26- 6 transportation companies, and other similar organizations.
26- 7 The town council shall determine the duration, terms,
26- 8 whether the same shall be exclusive or nonexclusive, and the
26- 9 consideration for such franchises; provided, however, that
26-10 no franchise shall be granted unless the town receives just
26-11 and adequate compensation therefor. The town council shall
26-12 provide for the registration of all franchises with the town
26-13 clerk in a registration book kept by the clerk. The town
26-14 council may provide by ordinance for the registration within
26-15 a reasonable time of all franchises previously granted.
26-16 SECTION 6.15.
26-17 Service charges.
26-18 The town council by ordinance shall have the power to assess
26-19 and collect fees, charges, and tolls for sewers, sanitary
26-20 and health services, or any other services provided or made
26-21 available inside or outside the corporate limits of the town
26-22 for the total cost to the town of providing or making
26-23 available such services. If unpaid, such charges shall be
26-24 collected as provided in Section 6.18 of this charter.
26-25 SECTION 6.16.
26-26 Special assessments.
26-27 The town council by ordinance shall have the power to assess
26-28 and collect the cost of constructing, reconstructing,
26-29 widening, or improving any public way, street, sidewalk,
26-30 curbing, gutters, sewers, or other utility mains and
26-31 appurtenances from the abutting property owners under such
26-32 terms and conditions as are reasonable. If unpaid, such
26-33 charges shall be collected as provided in Section 6.18 of
26-34 this charter.
26-35 SECTION 6.17.
26-36 Construction; other taxes and fees.
26-37 This town shall be empowered to levy any other tax or fee
26-38 allowed now or hereafter by law, and the specific mention of
26-39 any right, power, or authority in this charter shall not be
26-40 construed as limiting in any way the general powers of this
26-41 town to govern its local affairs.
-26-
27- 1 SECTION 6.18.
27- 2 Collection of delinquent taxes and fees.
27- 3 The town council by ordinance may provide generally for the
27- 4 collection of delinquent taxes, fees, or other revenue due
27- 5 the town under Sections 6.10 through 6.17 of this charter by
27- 6 whatever reasonable means as are not precluded by law. This
27- 7 shall include providing for the dates when the taxes or fees
27- 8 are due; late penalties or interest; issuance and execution
27- 9 of fi. fas.; creation and priority of liens; making
27-10 delinquent taxes and fees personal debts of the persons
27-11 required to pay the taxes or fees imposed; revoking town
27-12 licenses for failure to pay any town taxes or fees; and
27-13 providing for the assignment or transfer of tax executions.
27-14 SECTION 6.19.
27-15 General obligation bonds.
27-16 The town council shall have the power to issue bonds for the
27-17 purpose of raising revenue to carry out any project,
27-18 program, or venture authorized under this charter or the
27-19 laws of the state. Such bonding authority shall be exercised
27-20 in accordance with the laws governing bond issuance by
27-21 municipalities in effect at the time said issue is
27-22 undertaken.
27-23 SECTION 6.20.
27-24 Revenue bonds.
27-25 Revenue bonds may be issued by the town council as state law
27-26 now or hereafter provides. Such bonds are to be paid out of
27-27 any revenue produced by the project, program, or venture for
27-28 which they were issued.
27-29 SECTION 6.21.
27-30 Short-term loans.
27-31 The town may obtain short-term loans and must repay such
27-32 loans not later than December 31 of each year, unless
27-33 otherwise provided by law.
27-34 SECTION 6.22.
27-35 The town council shall set the fiscal year by ordinance.
27-36 This fiscal year shall constitute the budget year and the
27-37 year for financial accounting and reporting of each and
27-38 every office, department, agency, and activity of the town
27-39 government.
-27-
28- 1 SECTION 6.23.
28- 2 Preparation of budgets.
28- 3 The town council shall provide an ordinance on the
28- 4 procedures and requirements for the preparation and
28- 5 execution of an annual operating budget, a capital
28- 6 improvement program, and a capital budget, including
28- 7 requirements as to the scope, content, and form of such
28- 8 budgets and programs.
28- 9 SECTION 6.24.
28-10 Submission of operating budget to town council.
28-11 On or before a date fixed by the town council, but not later
28-12 than 45 days prior to the beginning of each fiscal year, the
28-13 mayor shall submit to the town council a proposed operating
28-14 budget for the ensuing fiscal year. The budget shall be
28-15 accompanied by a message from the mayor containing a
28-16 statement of the general fiscal policies of the town, the
28-17 important features of the budget, explanations of major
28-18 changes recommended for the next fiscal year, a general
28-19 summary of the budget, and such other comments and
28-20 information as the mayor may deem pertinent. The operating
28-21 budget and the capital improvements budget, the budget
28-22 message, and all supporting documents shall be filed in the
28-23 office of the town clerk and shall be open to public
28-24 inspection.
28-25 SECTION 6.25.
28-26 Action by town council on budget.
28-27 (a) The town council may amend the operating budget proposed
28-28 by the mayor, except that the budget as finally amended and
28-29 adopted must provide for all expenditures required by state
28-30 law or by other provisions of this charter and for all debt
28-31 service requirements for the ensuing fiscal year. The total
28-32 appropriations from any fund shall not exceed the estimated
28-33 fund balance, reserves, and revenues.
28-34 (b) The town council by ordinance shall adopt the final
28-35 operating budget for the ensuing fiscal year not later than
28-36 the first day of April each year. If the town council fails
28-37 to adopt the budget by this date, the amounts appropriated
28-38 for operation for the current fiscal year shall be deemed
28-39 adopted for the ensuing year on a month-to-month basis, with
28-40 all items prorated accordingly until such time as the town
28-41 council adopts a budget for the ensuing fiscal year.
28-42 Adoption of the budget shall take the form of an
28-43 appropriations ordinance setting out the estimated revenues
-28-
29- 1 in detail by sources and making appropriations according to
29- 2 fund and by organizational unit, purpose, or activity as set
29- 3 out in the budget preparation ordinance adopted pursuant to
29- 4 Section 6.23 of this charter.
29- 5 SECTION 6.26.
29- 6 Following adoption of the operating budget, the town council
29- 7 shall levy by ordinance such taxes as are necessary. The
29- 8 taxes and tax rates set by such ordinance shall be such that
29- 9 reasonable estimates of revenues from such levy shall at
29-10 least be sufficient, together with other anticipated
29-11 revenues, fund balances, and applicable reserves, to equal
29-12 the total amount appropriate for each of the several funds
29-13 set forth in the annual operating budget for defraying the
29-14 expenses of the general government of this town.
29-15 SECTION 6.27.
29-16 Changes in appropriations.
29-17 The town council by ordinance may make changes in the
29-18 appropriations contained in the current operating budget at
29-19 any regular meeting, special meeting, or emergency meeting
29-20 called for such purpose, but any additional appropriations
29-21 may be made only from an existing unexpended surplus.
29-22 SECTION 6.28.
29-23 Capital improvements budget.
29-24 (a) On or before the date fixed by the town council but no
29-25 later than 45 days prior to the beginning of each fiscal
29-26 year, the mayor shall submit to the town council a proposed
29-27 capital improvements budget with his or her recommendations
29-28 as to the means of financing the improvements proposed for
29-29 the ensuing fiscal year. The town council shall have power
29-30 to accept, with or without amendments, or reject the
29-31 proposed program and proposed means of financing. The town
29-32 council shall not authorize an expenditure for the
29-33 construction of any building, structure, work, or
29-34 improvement unless the appropriations for such project are
29-35 included in the capital improvements budget, except to meet
29-36 a public emergency as provided in Section 2.24.
29-37 (b) The town council shall adopt by ordinance the final
29-38 capital improvements budget for the ensuing fiscal year not
29-39 later than the first day of April of each year. No
29-40 appropriation provided for in a prior capital improvement
29-41 budget shall lapse until the purpose for which the
-29-
30- 1 appropriation was made shall have been accomplished or
30- 2 abandoned; provided, however, that the mayor may submit
30- 3 amendments to the capital improvements budget at any time
30- 4 during the fiscal year, accompanied by his or her
30- 5 recommendations. Any such amendments to the capital
30- 6 improvements budget shall become effective only upon
30- 7 adoption by ordinance.
30- 8 SECTION 6.29.
30- 9 Independent audit.
30-10 There shall be an annual independent audit of all the town
30-11 accounts, funds, and financial transactions by a certified
30-12 public accountant selected by the town council. The audit
30-13 shall be conducted according to generally accepted auditing
30-14 principles. Any audit of any funds by the state or federal
30-15 governments may be accepted as satisfying the requirements
30-16 of this charter. Copies of all audit reports shall be
30-17 available at printing costs to the public.
30-18 SECTION 6.30.
30-19 Contracting procedures.
30-20 No contract with the town shall be binding on the town
30-21 unless:
30-22 (1) It is in writing;
30-23 (2) It is drawn by or submitted and reviewed by the town
30-24 attorney and, as a matter of course, it is signed by the
30-25 town attorney to indicate such drafting or review; and
30-26 (3) It is made or authorized by the town council, and
30-27 such approval is entered in the town journal of
30-28 proceedings pursuant to Section 2.21 of this charter.
30-29 SECTION 6.31.
30-30 Centralized purchasing.
30-31 The town council shall by ordinance prescribe procedures for
30-32 a system of centralized purchasing for the town.
30-33 SECTION 6.32.
30-34 Sale of town property.
30-35 (a) The town council may sell and convey any real or
30-36 personal property owned or held by the town for governmental
30-37 or other purposes as now or hereafter provided by law.
30-38 (b) The town council may quitclaim any rights it may have in
30-39 property not needed for public purposes upon report by the
30-40 mayor and adoption of a resolution, both finding that the
-30-
31- 1 property is not needed for public or other purposes and that
31- 2 the interest of the town has no readily ascertainable
31- 3 monetary value.
31- 4 (c) Whenever in opening, extending, or widening any street,
31- 5 avenue, alley, or public place of the town, a small parcel
31- 6 or tract of land is cut off or separated by such work from a
31- 7 larger tract or boundary of land owned by the town, the town
31- 8 council may authorize the mayor to execute and deliver in
31- 9 the name of the town a deed conveying said cut-off or
31-10 separated parcel or tract of land to an abutting or
31-11 adjoining property owner or owners in exchange for
31-12 rights-of-way of said street, avenue, alley, or public place
31-13 when such swap is deemed to be in the best interest of the
31-14 town. All deeds and conveyances heretofore and hereafter so
31-15 executed and delivered shall convey all title and interest
31-16 the town has in such property, notwithstanding the fact that
31-17 no public sale after advertisement was or is hereafter made.
31-18 General provisions
31-19 SECTION 7.10.
31-20 Bonds for officials.
31-21 The officers and employees of this town, both elective and
31-22 appointive, shall execute such surety or fidelity bonds in
31-23 such amounts and upon such terms and conditions as the town
31-24 council shall from time to time require by ordinance or as
31-25 may be provided by law.
31-26 SECTION 7.11.
31-27 Prior ordinances.
31-28 All ordinances, resolutions, rules, and regulations now in
31-29 force in the town not inconsistent with this charter are
31-30 hereby declared valid and of full effect and force until
31-31 amended or repealed by the town council.
31-32 SECTION 7.12.
31-33 First election under this charter.
31-34 The first municipal election under this charter shall be
31-35 conducted on the Tuesday following the first Monday in
31-36 November 1997, at which two councilmembers shall be elected
31-37 for a term of four years.
31-38 SECTION 7.13.
31-39 Existing personnel and officers.
-31-
32- 1 Except as specifically provided otherwise by this charter,
32- 2 all personnel and officers of the town and their rights,
32- 3 privileges, and powers shall continue beyond the time this
32- 4 charter takes effect for a period of 365 days before or
32- 5 during which the existing town council shall pass a
32- 6 transition ordinance detailing the changes in personnel and
32- 7 appointed officers required or desired and arranging such
32- 8 titles, rights, privileges, and powers as may be required or
32- 9 desired to allow a reasonable transition.
32-10 SECTION 7.14.
32-11 Pending matters.
32-12 Except as specifically provided otherwise by this charter,
32-13 all rights, claims, actions, orders, contracts, and legal or
32-14 administrative proceedings shall continue, and any such
32-15 ongoing work or cases shall be completed by such town
32-16 agencies, personnel, or offices as may be provided by the
32-17 town council.
32-18 SECTION 7.15.
32-19 Construction.
32-20 (a) Section captions in this charter are informative only
32-21 and are not to be considered as a part thereof.
32-22 (b) The word "shall" is mandatory, and the word "may" is
32-23 permissive.
32-24 (c) The singular shall include the plural, the masculine
32-25 shall include the feminine, and vice versa.
32-26 SECTION 7.16.
32-27 Severability.
32-28 If any article, section, subsection, paragraph, sentence, or
32-29 part thereof of this charter shall be held to be invalid or
32-30 unconstitutional, such invalidity or unconstitutionality
32-31 shall not affect or impair other parts of this charter
32-32 unless it clearly appears that such other parts are wholly
32-33 and necessarily dependent upon the part held to be invalid
32-34 or unconstitutional, it being the legislative intent in
32-35 enacting this charter that each article, section,
32-36 subsection, paragraph, sentence or part thereof be enacted
32-37 separately and independently of each other.
32-38 SECTION 7.17.
32-39 Specific repealer.
32-40 An Act incorporating the Town of Bogart in the County of
32-41 Oconee, approved August 24, 1905 (Ga. L. 1905, p.670), as
-32-
33- 1 amended, is repealed in its entirety and all amendatory acts
33- 2 thereto are likewise repealed in their entirety.
33- 3 SECTION 7.18.
33- 4 Effective date.
33- 5 This charter shall become effective on July 1, 1997.
33- 6 SECTION 7.19.
33- 7 General repealer.
33- 8 All laws and parts of laws in conflict with this Act are
33- 9 repealed.
-33-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98