| HB 1625 - Valdosta, City of; new charter |
First Reader Summary
A BILL to provide a new charter for the City of Valdosta; and for
other purposes.
| House |
Action |
Senate |
| 2/29/00 |
Read 1st Time |
3/6/00 |
| 3/1/00 |
Read 2nd Time |
|
| 3/3/00 |
Favorably Reported |
3/15/00 |
| 3/3/00 |
Read 3rd Time |
|
| 3/3/00 |
Passed/Adopted |
3/15/00 |
| 4/12/00 |
Sent to Governor |
|
| 4/19/00 |
Signed by Governor |
|
| 582 |
Act/Veto Number |
|
| 4/19/00 |
Effective Date |
|
HB 1625 LC 25 1573
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Valdosta; to define
1- 2 the limits of the city; to provide definitions; to provide
1- 3 corporate powers; to provide for ordinances; to provide for
1- 4 electors and elections; to provide for a mayor and council;
1- 5 to provide for the powers and duties of the offices of city
1- 6 government; to provide for compensation of officers of the
1- 7 city; to provide for the organization of the city government
1- 8 into departments; to provide for the organization, power,
1- 9 duties and personnel of the departments of city government;
1-10 to provide for a municipal court and its powers, duties, and
1-11 jurisdiction; to provide for a judge of the municipal court;
1-12 to provide for bonds; to provide for a budget; to provide
1-13 for purchases and sales of city property; to provide for the
1-14 power to tax; to provide for the assessment, levy, and
1-15 collection of taxes; to provide for continuation of a school
1-16 system; to provide for submission; to provide for other
1-17 matters relative to the foregoing; to repeal a specific Act;
1-18 to repeal conflicting laws; and for other purposes.
1-19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-20 CITY OF VALDOSTA CHARTER
1-21 INCORPORATION, POWERS, BOUNDARIES
1-22 FORM OF GOVERNMENT
1-23 SECTION 1.1.
1-24 Incorporation; name, corporate powers.
1-25 The City of Valdosta, Georgia, in the County of Lowndes, and
1-26 the inhabitants thereof shall continue to be a body politic
1-27 and corporate under the name of the City of Valdosta
1-28 (hereinafter at times referred to as the "city"). The city
1-29 shall be the legal continuation and successor to the city as
1-30 heretofore incorporated and shall continue to be vested with
1-31 all of the property and rights of property which now belong
1-32 to the city; shall have perpetual succession; may sue and be
1-33 sued; may contract and be contracted with; may acquire and
1-34 hold such property, real and personal, as may be devised,
-1-
2- 1 bequeathed, sold, or in any manner conveyed or dedicated to
2- 2 or otherwise acquired by it, and from time to time may hold
2- 3 or invest, sell, or dispose of any of such property; may
2- 4 have a common seal and alter and review the same at will;
2- 5 and may exercise in conformity with this charter all
2- 6 municipal powers, functions, rights, privileges, and
2- 7 immunities of every name and nature whatsoever.
2- 8 SECTION 1.2.
2- 9 General powers.
2-10 (a) The city shall have all the powers, duties, rights,
2-11 privileges, and immunities now vested in the city and now or
2-12 hereafter granted to municipal corporations by the
2-13 Constitution, by the general laws of the State of Georgia,
2-14 and by this charter. The city shall exercise and enjoy all
2-15 other powers, functions, rights, privileges, and immunities
2-16 necessary or desirable to promote or protect the safety,
2-17 health, peace, security, good order, comfort, convenience,
2-18 and general welfare of the city and of its inhabitants and
2-19 shall exercise and enjoy all implied powers necessary to
2-20 carry into execution all powers granted as fully and
2-21 completely as if such powers were fully enumerated herein.
2-22 (b) In addition to the powers now and hereafter granted to
2-23 municipalities by law, the city shall have the following
2-24 express powers to be exercised by the mayor and council:
2-25 (1) To levy and to provide for the assessment,
2-26 valuation, revaluation, and collection of taxes on all
2-27 property subject to taxation;
2-28 (2) To the extent permitted by the Constitution of
2-29 Georgia and general law, to levy and to provide for the
2-30 collection of license fees and taxes on privileges,
2-31 occupations, trades, and professions and to license and
2-32 regulate such privileges, occupations, trades, and
2-33 professions and to provide for the manner and method of
2-34 payment of such licenses and taxes;
2-35 (3) To make appropriations for the support of the
2-36 government of the city, to authorize the expenditure of
2-37 money for any purpose authorized by this charter and for
2-38 any purpose for which a municipality is authorized by
2-39 the laws of the State of Georgia, and to provide for the
2-40 payment of expenses of the city;
2-41 (4) To appropriate and borrow money for the payment of
2-42 debts of the city and to issue bonds for the purpose of
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3- 1 raising revenue to carry out any project, program, or
3- 2 venture authorized by this charter or the laws of the
3- 3 State of Georgia;
3- 4 (5) To acquire, dispose of, and hold in trust or
3- 5 otherwise, any real, personal, or mixed property, in fee
3- 6 simple or lesser interest, inside or outside the
3- 7 property limits of the city;
3- 8 (6) To accept or refuse gifts, donations, bequests, or
3- 9 grants from any source for any purpose related to the
3-10 powers and duties of the city and the general welfare of
3-11 its citizens, on such terms and conditions as the donor
3-12 or grantor may impose;
3-13 (7) To condemn property, inside or outside the corporate
3-14 limits of the city for present or future use and for any
3-15 corporate purpose deemed necessary by the mayor and
3-16 council under Title 22 of the O.C.G.A., as now or
3-17 hereafter amended, or under other applicable public Acts
3-18 as are or may be enacted;
3-19 (8) To acquire, lease, construct, operate, maintain,
3-20 sell, and dispose of public utilities, including but not
3-21 limited to a system of waterworks, sewers and drains,
3-22 sewage disposal, gas works, electric light plants,
3-23 transportation facilities, public airports, and any
3-24 other public utility; and to fix the taxes, charges,
3-25 rates, fares, fees, assessments, regulations and
3-26 penalties, and withdrawal of service for refusal or
3-27 failure to pay same and the manner in which such
3-28 remedies shall be enforced;
3-29 (9) To grant franchises or make contracts for public
3-30 utilities and public services;
3-31 (10) To lay out, open, extend, widen, narrow, establish
3-32 or change the grade of, abandon or close, construct,
3-33 pave, curb, gutter, adorn with shade trees, otherwise
3-34 improve, maintain, repair, clean, prevent erosion of,
3-35 and light roads, alleys, and walkways within the
3-36 corporate limits of the city;
3-37 (11) To grant franchises and rights of way throughout
3-38 the streets and roads and over the bridges and viaducts
3-39 and other city owned property and others;
3-40 (12) To provide for the acquisition, construction,
3-41 building, operation, and maintenance of public ways,
3-42 streets, parks and playgrounds, recreational facilities,
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4- 1 cemeteries, markets and market houses, public buildings,
4- 2 libraries, sewers, drains, sewerage treatment, airports,
4- 3 and hospitals and charitable, cultural, educational,
4- 4 recreational, conservation, sport, curative, corrective,
4- 5 detentional, penal and medical institutions, agencies,
4- 6 and facilities; and any other public improvements,
4- 7 inside or outside the corporate limits of the city; and
4- 8 to regulate the use thereof, and for such purposes, may
4- 9 be acquired by condemnation under Title 22 of the Code
4-10 of Georgia of 1982 as now or hereafter amended, or other
4-11 applicable Public Acts, as are or may be enacted;
4-12 (13) To regulate the erection and construction of
4-13 buildings and all other structures; to adopt and enforce
4-14 building, housing, plumbing, electrical, gas, and
4-15 heating and air conditioning codes and to regulate all
4-16 housing, building, and building trades; to license all
4-17 building trades;
4-18 (14) To provide for the prevention and punishment of
4-19 public drunkenness, riots, and public disturbances;
4-20 (15) To regulate or prohibit junk dealers; pawn shops;
4-21 the manufacture, sale, or transportation of intoxicating
4-22 liquors; the use of firearms; the transportation,
4-23 storage, and use of combustible, explosive, and
4-24 inflammable materials; the use of lighting and heating
4-25 equipment; and any other business or situation which may
4-26 be dangerous to persons or property;
4-27 (16) To regulate and control the conduct of peddlers and
4-28 itinerant trades, theatrical performances, exhibitions,
4-29 and shows of any kind whatever, by taxation or
4-30 otherwise;
4-31 (17) To license, tax, regulate, or prohibit professional
4-32 fortunetelling or palmistry;
4-33 (18) To prohibit or regulate and control the erection,
4-34 removal, and maintenance of signs, billboards, trees,
4-35 shrubs, fences, buildings, and any and all other
4-36 structures or obstructions upon or adjacent to the
4-37 rights of way of streets and roads or within view
4-38 thereof, within or abutting the corporate limits of the
4-39 city, and to prescribe penalties and punishment for
4-40 violation of such ordinances;
4-41 (19) To prescribe standards of health and sanitation and
4-42 to provide for the enforcement of such standards;
-4-
5- 1 (20) To regulate the emission of smoke or other exhaust
5- 2 which pollutes the air and to prevent the pollution of
5- 3 natural streams which flow within the corporate limits
5- 4 of the city;
5- 5 (21) To fix and establish fire limits and from time to
5- 6 time to extend, enlarge, or restrict same; to prescribe
5- 7 fire safety regulations not inconsistent with general
5- 8 law, relating to both fire prevention and detection and
5- 9 to fire fighting, and to prescribe penalties and
5-10 punishment for violation thereof;
5-11 (22) To provide for the destruction and removal of any
5-12 building or other structure which may or might become
5-13 dangerous or detrimental to the public;
5-14 (23) To provide for the collection and disposal of
5-15 garbage, rubbish, and refuse and to regulate the
5-16 collection and disposal of garbage, rubbish, and refuse
5-17 by others; and to provide for the separate collection of
5-18 glass, tin, aluminum, cardboard, paper, and other
5-19 recyclable materials and to provide for the sale of such
5-20 items;
5-21 (24) To levy, fix, assess, and collect a garbage, refuse
5-22 and trash collection and disposal, sanitary landfill,
5-23 and other sanitary service charge, tax, or fee for such
5-24 services as may be necessary in the operation of the
5-25 city from all individuals, firms, and corporations
5-26 residing in or doing business therein benefiting from
5-27 such services; to enforce the payment of such charges,
5-28 taxes, or fees and to provide for the manner and method
5-29 of collecting such service charges;
5-30 (25) To levy a fee, charge, or sewer tax as necessary to
5-31 assure the acquiring, constructing, equipping,
5-32 operating, maintaining, and extending of a sewage
5-33 disposal plant and sewerage system and to levy on the
5-34 users of sewers and the sewerage system a sewer service
5-35 charge fee or sewer tax for the use of the sewers; and
5-36 to provide for the manner and method of collecting such
5-37 service charges and for enforcing payment of same;
5-38 (26) To charge, impose, and collect a sewer connection
5-39 fee or fees and to change the same from time to time;
5-40 such fees to be levied on the users connecting with the
5-41 sewerage system;
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6- 1 (27) To define, regulate, and prohibit any act,
6- 2 practice, conduct, or use of property which is
6- 3 detrimental, or likely to be detrimental, to the health,
6- 4 sanitation, cleanliness, welfare, and safety of the
6- 5 inhabitants of the city and to provide for the
6- 6 enforcement of such standards;
6- 7 (28) To provide for the abatement of nuisances whether
6- 8 on public or private property;
6- 9 (29) To provide for the preservation and protection of
6-10 property and equipment of the city and the
6-11 administration and use of same by the public and to
6-12 prescribe penalties and punishment for violations
6-13 thereof;
6-14 (30) To establish minimum standards for and to regulate
6-15 building, construction and repair, electrical wiring and
6-16 equipment, gas installation and equipment, plumbing, and
6-17 housing for the health, sanitation, cleanliness,
6-18 welfare, and safety of inhabitants of the city and to
6-19 provide for the enforcement of such standards:
6-20 (31) To provide for commitment of persons given jail
6-21 sentences in the municipal court to any correctional
6-22 institution or jail by agreement with the appropriate
6-23 county officials;
6-24 (32) To adopt ordinances and regulations for the
6-25 prevention of disorderly conduct and disturbing the
6-26 peace in the corporate limits of the city and to
6-27 prohibit or regulate by ordinance such other conduct and
6-28 activities within the city which, while not constituting
6-29 an offense against the laws of this state, are deemed by
6-30 the mayor and council to be detrimental and offensive to
6-31 the peace and good order of the city or to the welfare
6-32 of the citizens thereof;
6-33 (33) To regulate and license or prohibit the keeping or
6-34 running at large of animals and fowl and to provide for
6-35 the impoundment of same if in violation of any ordinance
6-36 or lawful order; to provide for their disposition by
6-37 sale, gift, or humane destruction, when not redeemed as
6-38 provided by ordinance; and to provide punishment for
6-39 violation of any ordinance enacted hereunder;
6-40 (34) To regulate the operation of motor vehicles and
6-41 exercise control over all traffic, including parking
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7- 1 upon or across the streets, roads, alleys, and walkways
7- 2 of the city;
7- 3 (35) To regulate and license vehicles operated for hire
7- 4 in the city; to limit the number of such vehicles; to
7- 5 require the operators thereof to be licensed; to require
7- 6 public liability insurance on such vehicles in the
7- 7 amounts to be prescribed by ordinance; and to regulate
7- 8 and rent parking spaces in public ways for the use of
7- 9 such vehicles;
7-10 (36) To provide and maintain a system of pensions and
7-11 retirement of officers and employees of the city;
7-12 (37) To levy and provide for the collection of special
7-13 assessments against abutting property for paving,
7-14 curbing, and guttering streets; paving sidewalks;
7-15 installing drainage systems; and any other public
7-16 improvements;
7-17 (38) To enter into contracts and agreements with other
7-18 governmental entities and with private persons, firms,
7-19 and corporations providing for services to be furnished
7-20 and payments to be made therefor;
7-21 (39) To create, alter, or abolish departments, boards,
7-22 offices, commissions, and agencies of the city and to
7-23 confer upon such agencies the necessary and appropriate
7-24 authority for carrying out all the powers conferred upon
7-25 or delegated to same;
7-26 (40) To make, ordain, and establish such bylaws,
7-27 ordinances, rules, and regulations as shall appear
7-28 necessary for the security, welfare, convenience, and
7-29 interest of the city and the inhabitants thereof and for
7-30 preserving the health, peace, order, and good government
7-31 of the city;
7-32 (41) To provide penalties for violations of any
7-33 ordinance adopted pursuant to the authority of this
7-34 charter and the laws of the State of Georgia;
7-35 (42) To exercise the power of arrest through duly
7-36 appointed police and other sworn peace officers;
7-37 (43) To establish procedures for determining and
7-38 proclaiming that an emergency situation exists within or
7-39 without the city and to make and carry out all
7-40 reasonable provisions deemed necessary to deal with or
-7-
8- 1 meet such an emergency for the protection, safety,
8- 2 health, or well-being of the citizens of the city;
8- 3 (44) To require all such officers and employees of the
8- 4 city as may seem necessary to the mayor and council to
8- 5 give good bond and security, to be fixed and judged of
8- 6 by the mayor and council, for the faithful performance
8- 7 of their duties; and
8- 8 (45) To provide by ordinance for the issuance of
8- 9 executions against any person, firm, or corporation who
8-10 fails to pay when due to the city, under the provision
8-11 of the ordinance of the mayor and council, any license
8-12 fee or any liability for the use of water or sewer or
8-13 both, for the installation of water meters, or for the
8-14 rent of water meters, and all such executions shall
8-15 operate as tax executions, the lien of which shall be
8-16 superior to all other liens except for taxes and liens
8-17 for sidewalk improvements.
8-18 (c) The enumeration of any right, power, privilege, or
8-19 authority by this charter shall not be deemed to be
8-20 exclusive. The intent of this charter is that the city
8-21 shall have any right, power, privilege, or authority which,
8-22 under the Constitution and laws of the State of Georgia,
8-23 could be specifically enumerated in this charter.
8-24 SECTION 1.3.
8-25 Corporate limits.
8-26 The corporate limits of the city shall be the same as those
8-27 of the City of Valdosta as provided by law and existing on
8-28 the effective date of this charter or as hereafter lawfully
8-29 changed. In accordance with procedures established by
8-30 ordinance of the council, the city clerk shall maintain a
8-31 current map and written legal description indicating the
8-32 corporate limits of the city.
8-33 SECTION 1.4.
8-34 Form of government.
8-35 The government of the city provided by this charter shall be
8-36 the "Council-Manager Form of Government."
8-37 MAYOR AND COUNCIL
8-38 Chapter 1. Council
8-39 SECTION 2.1.
8-40 Council constitutes governing body.
-8-
9- 1 The government of the city shall be vested in the mayor and
9- 2 council, which shall exercise their powers in conformity
9- 3 with the provisions of this charter and in accordance with
9- 4 the provisions of the general statutes and Constitution of
9- 5 the State of Georgia with regard to the powers, rights, and
9- 6 privileges of municipalities which are not provided for by
9- 7 the provisions of this charter.
9- 8 SECTION 2.2.
9- 9 Number of members; election.
9-10 The mayor and council shall consist of the mayor and seven
9-11 councilmembers; six members of the council shall be elected
9-12 from single member districts, and one member shall be
9-13 elected at large, city wide. The mayor shall also be
9-14 elected at large, city wide.
9-15 SECTION 2.3.
9-16 Terms of office.
9-17 The members of the council shall be elected to four-year
9-18 staggered terms of office and shall serve until their
9-19 successors are elected and qualified.
9-20 SECTION 2.4.
9-21 Qualifications.
9-22 (a) To be eligible to hold office as a councilmember and
9-23 serve as a councilmember, a person must be a resident of the
9-24 district, have been a resident of the city for a period of
9-25 six months, and be a registered and qualified voter of the
9-26 city at the time of qualifying. If a district member of
9-27 council changes his or her residence to a district other
9-28 than the district he or she represents or to a location
9-29 outside the City of Valdosta, that council seat shall
9-30 immediately be declared vacant by the city council, and the
9-31 vacancy shall be filled as provided in this charter.
9-32 (b) In order to qualify for the office the person elected or
9-33 appointed shall take and subscribe, in addition to the oath
9-34 required by general law, the following oath:
9-35 "I do solemnly swear that I will well and truly perform
9-36 the duties of mayor (or councilmember, as the case may be)
9-37 of the City of Valdosta, to the best of my skill and
9-38 ability, and as to me shall seem to the best interest and
9-39 welfare of the city, without fear, favor or affection; so
9-40 help me God."
-9-
10- 1 SECTION 2.5.
10- 2 Compensation.
10- 3 Councilmembers shall receive as compensation for their
10- 4 services an amount fixed by the mayor and council as
10- 5 provided by law. The mayor and council shall establish a
10- 6 policy for reimbursement of the actual and necessary
10- 7 expenses incurred by its members in the performance of their
10- 8 official duties.
10- 9 SECTION 2.6.
10-10 Legislative powers and procedures.
10-11 All legislative powers and procedures of the city are vested
10-12 in the mayor and council.
10-13 Chapter 2. Mayor
10-14 SECTION 2.11.
10-15 Election and term of office.
10-16 The mayor shall be elected as provided in this charter for a
10-17 term of four years, and the mayor shall serve until a
10-18 successor is elected and qualified.
10-19 SECTION 2.12.
10-20 Qualifications.
10-21 To be eligible for election or appointment and service as
10-22 mayor, a person must be a minimum of 2l years of age, a
10-23 resident of the city for one year prior to the date of
10-24 qualifying, and a registered and qualified voter of the city
10-25 at the time of qualifying for office.
10-26 SECTION 2.13.
10-27 Compensation.
10-28 The mayor and council shall fix the annual compensation of
10-29 the mayor as provided by law and shall establish a policy
10-30 for reimbursement of the actual and necessary expenses of
10-31 the mayor incurred in the performance of the official duties
10-32 of office.
10-33 SECTION 2.14.
10-34 Powers and duties.
10-35 The mayor shall be the official head of the city government
10-36 and chief representative of the city, and it shall be the
10-37 mayor's duty:
10-38 (1) To preside at meetings of the mayor and council,
10-39 where he or she shall have all the rights, powers,
-10-
11- 1 duties, and responsibilities of a councilmember, except
11- 2 that the mayor shall be entitled to vote on matters
11- 3 before the mayor and council only where there is an
11- 4 equal division on the question, and then the mayor shall
11- 5 determine the matter by his or her vote. The mayor
11- 6 shall also be entitled to vote on the election of the
11- 7 following officers and employees of the council: mayor
11- 8 pro tempore, city manager, city attorney, municipal
11- 9 judge, and city auditor;
11-10 (2) As provided by law or by action of the mayor and
11-11 council, to sign contracts on behalf of the city in the
11-12 absence of the city manager;
11-13 (3) To keep informed about the financial and other
11-14 affairs of the city and from time to time to present
11-15 information about the affairs of the city and to
11-16 recommend such measures as deemed best for the city,
11-17 including statements and reports to the citizens
11-18 concerning the affairs of the city;
11-19 (4) To serve as a member of boards, commissions, and
11-20 committees required by law or by action of the mayor and
11-21 council; and
11-22 (5) To perform such other duties consistent with this
11-23 charter and as may be required by the council.
11-24 Chapter 3. Organization, Rules, Meetings, Officers
11-25 SECTION 2.21.
11-26 Organizational meeting; oath;
11-27 election of mayor pro tempore.
11-28 The mayor and council shall meet for organization in the
11-29 council chamber on the date and at the time of the first
11-30 regular meeting following each regular municipal election
11-31 or, if that date is a legal holiday, on the next following
11-32 day not a legal holiday. At the organizational meeting, the
11-33 mayor and each council member shall qualify by taking the
11-34 oath of office prescribed in subsection (b) of Section 2.4.
11-35 The oath shall be administered by a person authorized to
11-36 administer oaths. The organization of the mayor and council
11-37 shall take place notwithstanding the absence, death, refusal
11-38 to serve, failure to qualify, or nonelection of one or more
11-39 members, but at least a quorum of the members must be
11-40 present. Following the induction of new members, the mayor
11-41 and council by majority vote shall elect a councilmember to
-11-
12- 1 serve as mayor pro tempore, who shall serve at the pleasure
12- 2 of the mayor and council and until a successor is elected.
12- 3 SECTION 2.22.
12- 4 Mayor pro tempore; duties.
12- 5 The mayor pro tempore shall exercise all of the powers and
12- 6 discharge all of the duties of the mayor during the vacancy,
12- 7 absence, or disability of the mayor for any cause and until
12- 8 such vacancy has been regularly filled or until the return
12- 9 of the mayor or the removal of disability. In the event of
12-10 the absence or disability of both the mayor and mayor pro
12-11 tempore for any cause, the remaining councilmembers shall
12-12 designate one of their number to preside over their meetings
12-13 and to discharge the duties of mayor until either the return
12-14 of the mayor or mayor pro tempore or the removal of the
12-15 disability.
12-16 SECTION 2.23.
12-17 The mayor, or mayor pro tempore, and four members of the
12-18 council shall constitute a quorum for the transaction of
12-19 business, but a lesser number may adjourn from time to time
12-20 to compel the attendance of absent members in such manner as
12-21 may be prescribed by ordinance.
12-22 SECTION 2.24.
12-23 Meetings; regular and special.
12-24 The mayor and council shall fix a suitable time for its
12-25 regular meetings and shall meet at least once each month for
12-26 the transaction of business. If, in the discretion of the
12-27 mayor, or mayor pro tempore, it is deemed necessary to have
12-28 an extra meeting, the mayor, or mayor pro tempore, may call
12-29 the mayor and council together immediately for the purpose
12-30 of a special meeting. The mayor and council may adjourn its
12-31 meetings to some definite time in the interim of regular
12-32 monthly meetings.
12-33 SECTION 2.25.
12-34 City clerk; appointment, duties; deputy.
12-35 The city manager shall appoint a city clerk. The city clerk
12-36 shall be responsible for keeping a journal of the
12-37 proceedings of the mayor and council, shall be the custodian
12-38 of all records and documents pertaining to actions of the
12-39 mayor and council, and shall exercise those powers and
12-40 duties required by law and the mayor and council. The city
12-41 clerk shall attest all formal contracts executed on behalf
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13- 1 of the city. The city manager may appoint a deputy city
13- 2 clerk.
13- 3 SECTION 2.26.
13- 4 City attorney; appointment, duties.
13- 5 (a) The mayor and council shall appoint a city attorney who
13- 6 shall be an attorney at law licensed to engage in the
13- 7 practice of law in Georgia. The city attorney shall serve
13- 8 at the pleasure of the mayor and council and shall receive
13- 9 such compensation as the mayor and council may determine.
13-10 (b) The city attorney shall be the legal adviser to the city
13-11 and shall perform such duties as required by law and by the
13-12 mayor and council.
13-13 ELECTION, REMOVAL, AND VACANCY IN OFFICE
13-14 Chapter 1. Representation
13-15 SECTION 3.1.
13-16 Manner of election; voting.
13-17 (a)(1) The entire electorate of the city shall be
13-18 entitled to vote in elections for mayor and for one
13-19 councilmember for the at-large council seat (Council
13-20 District No. 7). Members of council from each of the
13-21 six single-member council districts, designated as
13-22 Council Districts No. 1, No. 2, No. 3, No. 4, No. 5, and
13-23 No. 6, shall be elected from single-member districts,
13-24 shall reside in the district he or she represents, and
13-25 shall be voted on solely by the registered voters
13-26 residing in his or her district. Council Districts Nos.
13-27 1 through 6 shall consist of the described territory of
13-28 the City of Valdosta contained in the description
13-29 attached to this Act and made a part hereof and further
13-30 identified as: "Operator: local Client: Valdosta Plan:
13-31 Vald1994".
13-32 (2) For purposes of the Council Districts Nos. 1 through
13-33 6 described as provided by paragraph (1) of this
13-34 subsection:
13-35 (A) The terms "tract," "block," and "block group"
13-36 shall mean and describe the same geographical
13-37 boundaries as provided in the report of the Bureau of
13-38 the Census for the United States decennial census of
13-39 1990 for the State of Georgia;
-13-
14- 1 (B) Any part of the City of Valdosta which is not
14- 2 included in any district described as provided by
14- 3 paragraph (1) of this subsection shall be included
14- 4 within that district contiguous to such part which
14- 5 contains the least population according to the United
14- 6 States decennial census of 1990 for the State of
14- 7 Georgia; and
14- 8 (C) Any part of the City of Valdosta which is
14- 9 described as provided by paragraph (1) of this
14-10 subsection as being included in a particular district
14-11 shall nevertheless not be included within such
14-12 district if such part is not contiguous to such
14-13 district. Such noncontiguous part shall instead be
14-14 included within that district contiguous to such part
14-15 which contains the least population according to the
14-16 United States decennial census of 1990 for the State
14-17 of Georgia.
14-18 (b) At the regular election to be held on the Tuesday after
14-19 the first Monday in November, 200l, and quadrennially
14-20 thereafter, there shall be an election for the selection of
14-21 councilmembers from Council Districts No. 2, No. 4, and No.
14-22 6 to succeed those incumbents holding such offices and whose
14-23 terms of office expire on December 31 following such
14-24 election.
14-25 (c) At the regular election to be held on the Tuesday after
14-26 the first Monday in November, 2003, and quadrennially
14-27 thereafter, there shall be an election for the office of
14-28 mayor and for the selection of councilmembers from Council
14-29 Districts No. 1, No. 3, No. 5, and No. 7 to succeed those
14-30 incumbents holding such offices and whose terms of office
14-31 expire on December 3l following such election.
14-32 (d) The mayor and all councilmembers elected pursuant to
14-33 this charter shall be elected to terms of four years or
14-34 until their successors are elected and qualified.
14-35 SECTION 3.2.
14-36 Polling place or places.
14-37 All elections for mayor and councilmembers, and all other
14-38 elections, shall be held at a polling place or at polling
14-39 places designated by the mayor and council.
14-40 Chapter 2. Conduct of Elections.
14-41 SECTION 3.11.
14-42 Applicability of general laws.
-14-
15- 1 Regular and special elections shall be conducted in
15- 2 accordance with Chapter 2 of Title 21 of the O.C.G.A., the
15- 3 "Georgia Election Code," as now or hereafter amended.
15- 4 SECTION 3.12.
15- 5 Time of election.
15- 6 Elections shall be held biennially on the Tuesday after the
15- 7 first Monday in November of each odd-numbered year, as
15- 8 provided in Chapter 2 of Title 21 of the O.C.G.A.,
15- 9 the "Georgia Election Code."
15-10 SECTION 3.13.
15-11 Candidates to specify office
15-12 or district for which they run.
15-13 Every person who offers for election as mayor or
15-14 councilmember of the city shall designate with the proper
15-15 authority in the general election the specific office of
15-16 mayor or special council district for which he or she offers
15-17 by naming the office of mayor or the specific council
15-18 district by number, and, thereupon, he or she shall be
15-19 qualified, if otherwise qualified, as a candidate for such
15-20 office of mayor or designated council district.
15-21 SECTION 3.14.
15-22 Results of elections; how declared.
15-23 The superintendent of elections shall duly declare the
15-24 result of the elections and shall issue certificates of
15-25 election to such person as receives a majority of the legal
15-26 votes polled for the office of mayor and for each of the
15-27 seven council districts.
15-28 SECTION 3.15.
15-29 Special elections.
15-30 The mayor and council shall have power to call special
15-31 elections as provided by law. All special elections shall
15-32 be conducted in accordance with the applicable provisions of
15-33 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election
15-34 Code."
15-35 SECTION 3.16.
15-36 Runoff elections.
15-37 Should no person receive a majority of the legal votes
15-38 polled for the office of mayor or for any one or more of the
15-39 seven council districts, the superintendent of elections
15-40 shall certify to the mayor and council the names of the two
-15-
16- 1 persons who shall have received the largest numbers of legal
16- 2 votes polled for the office of mayor or any council district
16- 3 being considered at the time of election for which no person
16- 4 received a majority of legal votes polled, and the mayor and
16- 5 council shall call a special election for voters to choose
16- 6 between the two persons receiving the largest numbers of
16- 7 legal votes polled for such office of mayor or any council
16- 8 district. This special election shall be held in accordance
16- 9 with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia
16-10 Election Code," and it shall be held in the manner provided
16-11 in Section 3.1 of this charter. The superintendent of this
16-12 special election shall duly declare the results thereof and
16-13 shall issue certificates of election to such persons as
16-14 receive a majority of legal votes polled in the special
16-15 election, who shall at such time and place as may be
16-16 prescribed by the ordinance of the city qualify by taking an
16-17 oath to well and truly perform the duties of their
16-18 respective offices as mayor and councilmembers during their
16-19 terms of office, which oath, with certificates of election
16-20 given by the superintendent, shall be entered on the minutes
16-21 by the mayor and council, and the originals filed in the
16-22 office of the city clerk.
16-23 SECTION 3.17.
16-24 Voter qualifications.
16-25 Each resident of the City of Valdosta possessed of all other
16-26 qualifications prescribed by law shall be qualified to vote
16-27 at any election held in the City of Valdosta, for any
16-28 purpose whatever.
16-29 Chapter 3. Vacancy in Office
16-30 SECTION 3.21.
16-31 Occurrence of vacancies.
16-32 A vacancy in the office of mayor or councilmember occurs
16-33 when a duly elected person fails to qualify or when a person
16-34 who has been duly elected and qualified either dies,
16-35 resigns, or no longer meets the qualifications of office.
16-36 SECTION 3.22.
16-37 Filling of vacancies.
16-38 In the event the office of mayor or councilmember shall
16-39 become vacant for any cause whatsoever, the mayor and
16-40 council shall within ten days after the occurrence of such
16-41 vacancy call a special election as provided by law to fill
16-42 the balance of the unexpired term of office; provided,
-16-
17- 1 however, if a regular election for the office of mayor or
17- 2 councilmember is to be held within six months after such
17- 3 vacancy occurs, the mayor and the remaining members of the
17- 4 council shall by majority vote appoint a qualified person to
17- 5 the remainder of the unexpired term.
17- 6 ORGANIZATION AND ADMINISTRATION
17- 7 Chapter 1. General Provisions
17- 8 SECTION 4.1.
17- 9 City departments and agencies.
17-10 Except as provided by this charter, the departments and
17-11 agencies of the city shall be created and established by
17-12 ordinance, and the departments shall be responsible for the
17-13 performance of the functions and services enumerated therein
17-14 and as prescribed by administrative regulations of the city
17-15 manager consistent therewith. The operations and
17-16 responsibilities of such departments and agencies shall be
17-17 distributed among divisions or bureaus and shall consist of
17-18 such officers and employees as may be provided by ordinance
17-19 or administrative regulations consistent therewith.
17-20 SECTION 4.2.
17-21 Administrative reorganization.
17-22 The mayor and council may by ordinance organize, combine,
17-23 consolidate, or discontinue such departments, agencies,
17-24 divisions, or bureaus of the city government as they may
17-25 from time to time deem desirable; except, however, that the
17-26 city shall continue to provide and maintain professional
17-27 fire-fighting and prevention services through the city's
17-28 municipal fire department which shall be composed of
17-29 full-time, paid personnel who are and shall be employees of
17-30 the city.
17-31 Chapter 2. City Manager
17-32 SECTION 4.11.
17-33 Appointment, qualifications, term, compensation.
17-34 The mayor and council shall appoint a city manager, who
17-35 shall be the administrative head of the city government and
17-36 shall be responsible for the administration of all
17-37 departments. The city manager shall be appointed with
17-38 regard to merit only and need not be a resident of the city
17-39 when appointed. The city manager shall hold office at the
17-40 pleasure of the mayor and council and shall receive such
-17-
18- 1 compensation as the mayor and council shall fix by
18- 2 ordinance.
18- 3 SECTION 4.12.
18- 4 Duties and responsibilities
18- 5 The city manager shall:
18- 6 (1) See that the laws of the state and the ordinances,
18- 7 resolutions, rules, and regulations of the city are
18- 8 faithfully executed and enforced;
18- 9 (2) Prepare the agenda and attend meetings of the mayor
18-10 and council and recommend for adoption any measure
18-11 deemed expedient;
18-12 (3) Make reports to the mayor and council from time to
18-13 time upon the affairs of the city and keep the mayor and
18-14 council fully advised of the city's financial condition
18-15 and its future financial needs;
18-16 (4) Appoint and suspend or remove all city employees,
18-17 except the municipal judge, city attorney, and city
18-18 auditor, in accordance with such general personnel
18-19 rules, regulations, policies, and ordinances as the
18-20 mayor and council may adopt;
18-21 (5) Prepare and submit the annual budget and capital
18-22 program to the mayor and council;
18-23 (6) Direct and supervise the administration of all
18-24 departments, properties, and operations of the city,
18-25 subject to the general direction and control of the
18-26 mayor and council;
18-27 (7) Investigate the affairs, records, accounts, and
18-28 expenditures of the various commissions and boards
18-29 created by the City of Valdosta and report thereon at
18-30 least once a year to the mayor and council;
18-31 (8) Have the right to request the counsel, advice, and
18-32 opinion of the city attorney concerning any matter
18-33 affecting the interest of the city; and it shall be the
18-34 duty of the city attorney to respond to such requests to
18-35 the best of his or her ability;
18-36 (9) Act in a liaison capacity on behalf of the mayor and
18-37 council with boards, offices, agencies, and commissions
18-38 of the city;
-18-
19- 1 (10) Sign contracts, deeds, licenses, and other public
19- 2 documents on behalf of the city, after approval of the
19- 3 mayor and council; and
19- 4 (11) Exercise any other powers and perform any other
19- 5 duties required or authorized by the mayor and council
19- 6 and not inconsistent with this charter.
19- 7 SECTION 4.13.
19- 8 Mayor and council not to interfere
19- 9 with appointments or removals.
19-10 Neither the mayor and council nor any of its members shall
19-11 direct or request the appointment of any person to, or
19-12 removal from, office by the city manager or by any of the
19-13 city manager's subordinates or in any manner take part in
19-14 the appointment or removal of officers and employees in the
19-15 administrative service of the city. Except for the purpose
19-16 of inquiry, the mayor and council and its members shall deal
19-17 with the administrative services solely through the city
19-18 manager, and neither the council nor any member thereof
19-19 shall give orders to any subordinate of the city manager,
19-20 either publicly or privately, directly or indirectly.
19-21 SECTION 4.14.
19-22 Claims against city.
19-23 No claim against or in favor of the city shall be paid or
19-24 collected without prior approval of the city manager.
19-25 SECTION 4.15.
19-26 Removal and vacancy.
19-27 (a) The mayor and council may remove the city manager at any
19-28 time by a majority vote adopting a resolution to that
19-29 effect. The city manager may, within ten days after notice
19-30 of adoption of such resolution, reply in writing and may
19-31 request a public hearing, which shall be held not earlier
19-32 than 20 days nor later than 30 days after the filing of such
19-33 request. The action of the mayor and council in removing
19-34 the city manager, however, shall be final. Upon his or her
19-35 removal as herein provided, the city manager shall be paid
19-36 severance pay as may be negotiated between mayor and council
19-37 and the city manager, but under no circumstances shall it
19-38 exceed a total of six months of his or her annual salary.
19-39 (b) When there shall be a vacancy in the office of city
19-40 manager, the duties and functions of city manager shall be
19-41 discharged by the mayor and council.
-19-
20- 1 Chapter 3. Finance and Fiscal
20- 2 Subchapter A. Taxation
20- 3 SECTION 4.21.
20- 4 Property tax.
20- 5 For the purpose of raising revenue for the support and
20- 6 maintenance of the government, the mayor and council shall
20- 7 have full power and authority, and they shall provide by
20- 8 ordinance for the assessment, levy, and collection of an ad
20- 9 valorem tax on all real and personal property within the
20-10 corporate limits of the city, not exceeding $1.00 on
20-11 $100.00, exclusive of taxation for public schools.
20-12 SECTION 4.22.
20-13 Time for paying taxes.
20-14 The city, through the mayor and council, is authorized to
20-15 declare by ordinance ad valorem taxes due the city, payable
20-16 either annually, semiannually, or quarterly, as the mayor
20-17 and council of the city in their discretion may deem best.
20-18 SECTION 4.23.
20-19 Collection of delinquent taxes.
20-20 The mayor and council may provide by ordinance for the
20-21 collection of delinquent taxes by fi. fa. issued by the city
20-22 clerk and executed by any police officer or other duly sworn
20-23 peace officer of the city under the same procedure provided
20-24 by the laws governing execution of such processes and
20-25 remedies. A lien shall exist against all property upon
20-26 which the city property taxes are levied, as of the
20-27 assessment date of each year.
20-28 SECTION 4.24.
20-29 Licenses; occupation taxes; excise taxes.
20-30 To the extent permitted by the Constitution of Georgia and
20-31 general law, the mayor and council by ordinance shall have
20-32 full power to levy such licenses and specific or occupation
20-33 taxes upon the residents of the city, both individual and
20-34 corporate, and upon all those who transact or offer to
20-35 transact business therein or who practice or offer to
20-36 practice any profession or calling therein, as the mayor and
20-37 council may deem expedient for the public health, safety,
20-38 benefit, convenience or advantage of the city; to classify
20-39 businesses, occupations, professions, or callings for the
20-40 purpose of such taxation in any way which may be lawful; to
20-41 require such persons to procure licenses; to compel the
20-42 payment of such licenses by execution or any other lawful
-20-
21- 1 manner; to enact ordinances and regulations necessary or
21- 2 proper to carry out the powers herein conferred; and to
21- 3 prescribe penalties for the violation thereof. The mayor
21- 4 and council shall have full power and authority to levy an
21- 5 excise tax not prohibited by general law.
21- 6 SECTION 4.25.
21- 7 Sewer service charges.
21- 8 The mayor and council by ordinance shall have the right,
21- 9 power, and authority to assess and collect fees, charges,
21-10 and tolls for sewer services rendered both within and
21-11 without the corporate limits of the city and to provide for
21-12 the cost and expense of providing for the collection and
21-13 disposal of sewage through the sewerage facilities of the
21-14 city. If unpaid, the sewer service charge shall constitute
21-15 a lien against any property owned by the person who incurred
21-16 the charges.
21-17 SECTION 4.26.
21-18 Sanitary and health services charge.
21-19 The mayor and council shall have authority by ordinance to
21-20 provide for, enforce, levy, and collect the costs of
21-21 sanitary and health services, including the power to fix,
21-22 assess, and collect garbage, refuse, trash collection and
21-23 disposal, and other sanitary charges, taxes or fees, for
21-24 such services as may be necessary in the operation of the
21-25 city from all individuals, firms, and corporations residing
21-26 in or doing business in the city benefiting from such
21-27 services. Such authority shall include the power to assess,
21-28 levy, and collect annual or monthly sanitary taxes or fees
21-29 in such amount or amounts and based upon and in accordance
21-30 with such classification of property and sanitary service or
21-31 services provided as may be fixed by ordinance. The
21-32 sanitary taxes and the assessments thereon shall be a charge
21-33 and lien against the real estate in respect to which the
21-34 taxes are so assessed and the owner or owners thereof.
21-35 SECTION 4.27.
21-36 Transfer of executions.
21-37 The city clerk shall be authorized to assign or transfer any
21-38 fi. fa. or execution issued for any tax or for any street,
21-39 sewer, or other assessment in the same manner and to the
21-40 same extent as provided by Georgia law regarding sales and
21-41 transfers of tax fi. fas. Such transfer or assignment, when
21-42 made, shall vest the purchaser or transferee with all right,
21-43 title, and interest as provided by Georgia law governing
-21-
22- 1 sales and transfers of fi. fas. Provided that, upon levy of
22- 2 execution and sale of property pursuant to such tax fi.fa.,
22- 3 whether assigned, transferred, or executed by the city, the
22- 4 owner of such property, in fee simple or lesser interest,
22- 5 shall not lose his or her right to redeem the property in
22- 6 accord with the requirements or redemption of property sold
22- 7 under state or county ad valorem tax fi. fas. as said
22- 8 requirements now exist or as may be hereinafter provided by
22- 9 law.
22-10 Subchapter B. Borrowing
22-11 SECTION 4.31.
22-12 General obligation bonds.
22-13 The mayor and council shall have the power to issue bonds
22-14 for the purpose of raising revenue to carry out any project,
22-15 program, or venture authorized under this charter or the
22-16 general laws of the state. Such bonding authority shall be
22-17 exercised in accordance with the laws governing bond
22-18 issuances by municipalities in effect at the time the issue
22-19 is undertaken.
22-20 SECTION 4.32.
22-21 Revenue bonds.
22-22 Revenue bonds may be issued by the mayor and council as
22-23 provided by Article 3 of Chapter 82 of Title 36 of the
22-24 O.C.G.A., the "Revenue Bond Law," as now or hereafter
22-25 amended, or by any other Georgia law as now in effect or
22-26 hereafter enacted.
22-27 SECTION 4.33.
22-28 Short term notes.
22-29 Pursuant to applicable state law, the city may obtain
22-30 temporary loans between January 1 and December 31 of each
22-31 year.
22-32 Subchapter C. Budgeting
22-33 SECTION 4.41.
22-34 The fiscal year of the city shall be as fixed by ordinance
22-35 of the mayor and council. The fiscal year shall constitute
22-36 the budget year and the year for financial accounting,
22-37 planning, and reporting of each department, office, agency,
22-38 or activity of the city.
-22-
23- 1 SECTION 4.42.
23- 2 Budget preparation and adoption.
23- 3 The mayor and council shall provide by ordinance for the
23- 4 adoption of an annual operating budget, a capital
23- 5 improvement program, and a capital budget, which ordinance
23- 6 shall apply to all departments and agencies of the city.
23- 7 The ordinance shall prescribe the procedures and
23- 8 requirements for the preparation, adoption, and execution of
23- 9 the annual operating and capital budgets; provided, however,
23-10 such budgets shall be prepared and submitted by the city
23-11 manager to the mayor and council for their consideration
23-12 prior to the commencement of the ensuing fiscal year.
23-13 Subchapter D. External Audit
23-14 SECTION 4.51.
23-15 (a) The mayor and council shall provide annually for an
23-16 independent audit of the accounts and other evidences of
23-17 financial transactions of the government of the city and of
23-18 its every office, department, board, authority, commission,
23-19 or other agency. The audit shall be made by an accountant
23-20 or an accounting firm, the members of which have no personal
23-21 interest, direct or indirect, in the fiscal affairs of the
23-22 city or of any of its offices, departments, boards,
23-23 authorities, commissions, or agencies. The designated
23-24 accountant shall be a certified public accountant or, if an
23-25 accounting firm is employed, the members thereof shall be so
23-26 certified and thoroughly qualified by training and
23-27 experience in governmental accounting to perform the audit.
23-28 (b) The audit may be conducted on a quarterly or continuing
23-29 basis, and the final report of the annual audit shall be
23-30 completed as soon as practicable after the close of the
23-31 fiscal year and in no event later than six months after the
23-32 close of the fiscal year. The audit report shall be
23-33 available to the public.
23-34 (c) The mayor and council may at any time order an
23-35 examination or special audit of any office, department,
23-36 board, authority, commission, or other agency of the city.
23-37 Chapter 4. Personnel
23-38 SECTION 4.61.
23-39 Personnel system.
23-40 The mayor and council shall establish by ordinance a system
23-41 of personnel administration. The system shall cover all
-23-
24- 1 employees of the city except: (1) elected officials; (2)
24- 2 persons temporarily employed in a professional or scientific
24- 3 capacity; and (3) temporary and part-time employees. The
24- 4 system of personnel administration shall set forth policies,
24- 5 rules, and regulations to administer the personnel affairs
24- 6 of the city.
24- 7 BOARDS AND COMMISSIONS
24- 8 Chapter 1. General Provisions
24- 9 SECTION 5.1.
24-10 Authority to create.
24-11 Except as provided by general law or local Act of the
24-12 General Assembly, the mayor and council shall have the
24-13 authority to create commissions, councils or boards which
24-14 shall perform duties prescribed by the mayor and council,
24-15 including, but not limited to, making studies, conducting
24-16 research and investigations, holding hearings, preparing
24-17 recommendations as to needed ordinances and resolutions, and
24-18 for such other purposes authorized by the mayor and council.
24-19 SECTION 5.2.
24-20 Composition; appointment, bylaws.
24-21 (a) Except as otherwise provided by law, the mayor and
24-22 council shall have the authority to provide for the manner
24-23 of appointment, makeup, and composition of such commissions,
24-24 councils, or boards and their periods of existence and for
24-25 the compensation of their members and employees, in whole or
24-26 in part. The mayor and council may provide by ordinance for
24-27 reimbursement of the actual and necessary expenses incurred
24-28 by the members of boards and commissions in the performance
24-29 of their official duties. The mayor and council shall have
24-30 the authority to annually appropriate and donate money
24-31 derived from taxation, contributions, or otherwise for and
24-32 to such commissions, councils, and boards to provide for
24-33 their operation, either in whole or in part.
24-34 (b) Any vacancy in office of any member of a board or
24-35 commission shall be filled for the unexpired term in the
24-36 manner prescribed for original appointment.
24-37 (c) Any member of a board or commission may be removed from
24-38 office for cause by a majority vote of all of the mayor and
24-39 council.
24-40 (d) Each board and commission may establish such bylaws,
24-41 rules, and regulations not inconsistent with this charter,
-24-
25- 1 ordinances of the mayor and council, or applicable state
25- 2 law, as it deems appropriate and necessary for the conduct
25- 3 of its affairs, copies of which shall be filed with the city
25- 4 manager and approved by the mayor and council.
25- 5 MUNICIPAL COURT
25- 6 SECTION 6.1.
25- 7 Municipal judge and municipal judge
25- 8 pro tempore; appointments; terms; municipal
25- 9 court established; maximum penalty.
25-10 The mayor and council shall appoint a municipal judge who
25-11 shall hold office at the pleasure of the mayor and council.
25-12 The mayor and council shall also appoint a municipal judge
25-13 pro tempore who shall serve in the absence of the municipal
25-14 judge or at his or her request. The municipal judge shall
25-15 have full power and authority to hold, at such times and
25-16 places and under such rules and regulations as may be
25-17 prescribed by ordinances, a municipal court for the city for
25-18 the trial of offenders against ordinances, rules,
25-19 regulations, and bylaws of the city and impose such
25-20 penalties therefor, not exceeding a fine of $l,000.00 or
25-21 confinement not to exceed 90 days in the jail designated by
25-22 the city for the housing of prisoners, said fine to be
25-23 collected by execution issued by the city clerk against the
25-24 estate, both real and personal of the offender.
25-25 SECTION 6.2.
25-26 Same--salary; vacancy in office.
25-27 The salary of the municipal judge shall be fixed by the
25-28 mayor and council. In the absence of the municipal judge,
25-29 the municipal judge pro tempore may exercise the powers and
25-30 duties of the municipal judge. In the event of the death,
25-31 resignation, or removal of the municipal judge, the
25-32 municipal judge pro tempore shall have the powers and
25-33 authority of the municipal judge until a new municipal judge
25-34 is approved by the mayor and council.
25-35 SECTION 6.3.
25-36 Same--jurisdiction; oath.
25-37 The municipal judge shall have full power and authority to
25-38 try all offenders of the ordinances of the city and impose
25-39 such penalties for violations thereof as may be prescribed
25-40 by the ordinances of the city. Before entering upon the
25-41 duties of his or her office, he or she shall take and
-25-
26- 1 subscribe an oath, before an officer authorized to
26- 2 administer oaths, faithfully to discharge the duties of the
26- 3 office. Any duties of the municipal judge not herein
26- 4 enumerated may be prescribed by ordinance.
26- 5 SECTION 6.4.
26- 6 Appearance bonds; contempt proceedings authorized.
26- 7 The municipal judge shall have full power and authority to
26- 8 compel the attendance of parties as witnesses at the
26- 9 municipal court and, for this purpose, may fine for contempt
26-10 any such amount or penalty as may be prescribed by
26-11 ordinance. The power is also granted to the municipal judge
26-12 to take and receive of parties and witnesses such bond or
26-13 bonds as he or she may deem necessary to secure the
26-14 attendance of parties as witnesses and to forfeit said bond
26-15 or bonds in the same manner as such bonds are now forfeited
26-16 in the superior courts of this state.
26-17 SECTION 6.5.
26-18 Municipal judge, municipal judge pro tempore,
26-19 ex officio magistrate judge.
26-20 The municipal judge and the municipal judge pro tempore
26-21 shall be to all intents and purposes magistrates, so far as
26-22 to enable them to issue warrants for offenses committed
26-23 within the corporate limits of the city, which warrants
26-24 shall be executed by the marshal or other police officer,
26-25 and to commit to the jail of the County of Lowndes, or to
26-26 admit to bail, offenders for their appearances at the next
26-27 term of the court sitting in Lowndes County that has
26-28 jurisdiction of such offenses, and it shall be the duty of
26-29 the jailer of the County of Lowndes to receive all such
26-30 persons so committed and safely keep them until discharged
26-31 by due course of law.
26-32 SECTION 6.6.
26-33 Appearance bond.
26-34 The municipal judge, when any person is arraigned before the
26-35 municipal court charged with a violation of any of the
26-36 ordinances, regulations, or rules of the city, may, for good
26-37 cause shown by either side, continue the hearing, and the
26-38 accused shall be required to give bond and security for his
26-39 or her appearance at the time appointed for trial or be
26-40 imprisoned to await trial. If such bond is given and the
26-41 accused shall fail to appear at the time fixed for the
26-42 trial, the bond may be forfeited by the municipal judge and
26-43 an execution issued thereon by serving the defendant, if any
-26-
27- 1 to be found, and his or her securities with a rule nisi at
27- 2 least five days before the time of hearing of such rule
27- 3 nisi.
27- 4 SECTION 6.7.
27- 5 All writs, processes, subpoenas, rules nisi, etc., for the
27- 6 forfeiture of bonds and all executions issued on behalf of
27- 7 the city for the collection of taxes, forfeitures, or for
27- 8 other purposes shall be directed to the marshal or chief of
27- 9 police of the city and, all and singular, the sheriffs and
27-10 deputy sheriffs of said state, signed by the city clerk,
27-11 bearing test in the name of the mayor; and such sheriffs and
27-12 their deputies are empowered and required to execute all
27-13 such writs, processes, subpoenas, rules nisi, executions,
27-14 etc., issuing as aforesaid, when the property or parties to
27-15 be proceeded against are without the corporate limits of the
27-16 city, and the marshal or chief of police of the city shall
27-17 serve all writs, processes, subpoenas, rules nisi,
27-18 executions, etc., when the person or property to be
27-19 proceeded against are within the corporate limits of the
27-20 city.
27-21 SECTION 6.8.
27-22 The marshal or any other police officer of the city may
27-23 arrest without a warrant any person guilty of violating any
27-24 ordinance, rule, or regulation of the city, and the marshal
27-25 or any other police officer may summon any citizen or
27-26 citizens of said city to assist in such arrest.
27-27 MUNICIPAL SERVICES AND IMPROVEMENTS
27-28 ASSESSMENTS AND REGULATIONS
27-29 Chapter 1. Streets and Sidewalks
27-30 SECTION 7.1.
27-31 Regulations relative to street
27-32 improvements authorized.
27-33 The mayor and council shall have authority to prescribe by
27-34 ordinance such other rules as the mayor and council in their
27-35 discretion may deem necessary to grade, pave, drain,
27-36 macadamize, or curb the streets and alleys of the city; to
27-37 enforce by execution the costs thereof against adjacent
27-38 property owners and railroad companies; and to provide how
-27-
28- 1 the agents or owners thereof shall be served with notice by
28- 2 personal service or by publication.
28- 3 SECTION 7.2.
28- 4 Improvements authorized.
28- 5 (a) The mayor and council are hereby authorized and
28- 6 empowered to establish and change the grade of any streets,
28- 7 avenues, alleys, lanes, and other public places in the city
28- 8 and to improve the same by paving, macadamizing, curbing,
28- 9 and draining the same whenever in their judgment the public
28-10 convenience and welfare may require such improvements,
28-11 subject only to the limitations prescribed in this charter.
28-12 (b) Any railroad company having or which may hereafter have
28-13 tracks running through the streets, avenues, lanes, alleys,
28-14 or other public places in the city shall be required by the
28-15 mayor and council to pave, macadamize, and drain the width
28-16 of its track and two feet on each side of every line of
28-17 track now constructed or that may hereafter be constructed
28-18 by such railroad company. If such railroad company shall
28-19 fail or refuse to comply with the order of the mayor and
28-20 council to make such improvements by paving, macadamizing,
28-21 and draining the same after receiving 30 days' notice to do
28-22 the work, such work may be done by the mayor and council at
28-23 the cost and expense of such railroad company, and such cost
28-24 and expense shall be charged against such railroad company.
28-25 The mayor and council shall be entitled to a lien for the
28-26 full amount of such cost and expense against the property of
28-27 such railroad company, which may be enforced against such
28-28 property as hereinafter provided for the enforcement of
28-29 other liens for paving.
28-30 (c) Whenever the mayor and council shall deem it necessary
28-31 to grade, pave, macadamize, curb, drain, or otherwise
28-32 improve any street, avenue, alley, lane, or any part thereof
28-33 within the limits of the city, the mayor and council shall
28-34 by resolution declare such work or improvement necessary to
28-35 be done, and such resolution shall be published in six
28-36 consecutive issues of a daily newspaper published and having
28-37 a general circulation in the City of Valdosta; and if a
28-38 majority of the owners of the land liable to assessment to
28-39 pay for such improvement of any such highway shall not,
28-40 within 15 days after the last publication of such
28-41 resolution, file with the city clerk their protests in
28-42 writing against such improvement, then the mayor and council
28-43 shall have the power to cause said improvement to be made,
28-44 to contract therefor, and to levy assessments or liens as
-28-
29- 1 resolved. Any number of streets, avenues, alleys, lanes, or
29- 2 other public places or parts thereof within the city to be
29- 3 so improved may be included in one resolution, but any
29- 4 protest or objection shall be made as to each street,
29- 5 avenue, alley, lane, or other public place in the city
29- 6 separately; provided, however, that if a majority of the
29- 7 owners of the land liable to assessment for any such
29- 8 improvement shall petition the mayor and council for such
29- 9 improvement of any street, avenue, alley, lane, or other
29-10 public place in the city, describing in such petition the
29-11 character of the improvement desired, the width of the same,
29-12 and the materials preferred by the petitioners for such
29-13 improvements, it shall be the duty of the mayor and council
29-14 to promptly cause the improvement to be made in accordance
29-15 with the prayer of the petition, and in such cases the
29-16 resolution hereinbefore mentioned shall not be required.
29-17 (d) The lots, pieces, or parcels of land fronting and
29-18 abutting both sides of the improvements shall be charged
29-19 with the costs thereof according to the just pro rata of the
29-20 entire cost of the improvement for the frontage on the basis
29-21 of lineal foot frontage; provided, that the frontage of
29-22 intersecting streets, avenues, alleys, or lanes shall be
29-23 assessed as real estate abutting the street, avenue, alley,
29-24 or lane, paved or otherwise improved, and the mayor and
29-25 council shall be, for all the intents and purposes of this
29-26 subsection, an owner or legal representative of real estate
29-27 abutting any street, avenue, alley, or lane; shall possess
29-28 the same rights and privileges as all other owners of real
29-29 estate abutting any such street, avenue, alley, or lane; and
29-30 shall pay from the city treasury the just pro rata of the
29-31 entire cost of the work or improvement for the frontage.
29-32 (e) Whenever the petition provided for in subsection (c) is
29-33 presented or when the mayor and council shall have
29-34 determined to pave or improve any street, avenue, alley,
29-35 lane, or other public place and shall have passed the
29-36 resolution provided for in subsection (c) of this section,
29-37 the mayor and council shall then have the power to enact all
29-38 ordinances and establish all such rules and regulations as
29-39 may be necessary to require the owners of all property
29-40 subject to assessment to pay the cost of the improvement and
29-41 to cause to be put in and constructed all water, gas, or
29-42 sewer pipe connections to connect with any existing water,
29-43 gas, or sewer pipes in and underneath the streets, avenues,
29-44 alleys, lanes, and other public places where the public
29-45 improvements are to be made, and all costs and expenses for
-29-
30- 1 making the connections shall be taxed against such property
30- 2 and shall be included and made a part of the general
30- 3 assessment to cover the cost of the improvement, in addition
30- 4 to the basis of lineal foot frontage, if so determined by
30- 5 the appraisers hereinafter provided for.
30- 6 (f) After the expiration of the time for objection or
30- 7 protest on the part of the property owners, if no sufficient
30- 8 protest has been filed, or on receipt of a petition for the
30- 9 improvement signed by a majority of the owners of the land
30-10 to be assessed, if the petition shall be found to be in
30-11 proper form and properly executed, the mayor and council
30-12 shall adopt a resolution reciting that no protest has been
30-13 filed or acknowledging the filing of the petition, as the
30-14 case may be, and expressing the determination of the mayor
30-15 and council to proceed with the improvement, stating the
30-16 material to be used, the manner of construction; defining
30-17 the extent, character, and width of the improvement; and
30-18 such other matters as may be necessary in preparing for the
30-19 improvement the necessary plans, plots, profiles,
30-20 specifications and estimates. The resolution shall set
30-21 forth any and all such reasonable terms and conditions as
30-22 the mayor and council shall deem proper to impose with
30-23 reference to the letting of the contract and the provisions
30-24 thereof. The mayor and council shall by the resolution
30-25 provide that the contractor shall execute to the city a good
30-26 and sufficient bond, in an amount to be stated in the
30-27 resolution, conditioned for the full and faithful
30-28 performance of the work, the performance of the contract,
30-29 and for the protection of the city and all property owners
30-30 interested against any loss or damage by reason of the
30-31 negligence or improper execution of the work, and may
30-32 require a bond in an amount to be stated in the resolution
30-33 for the maintenance of good condition of the improvements
30-34 for a period of not less than five years from the time of
30-35 its completion or both, in the discretion of the mayor and
30-36 council. The resolution shall also direct the city manager
30-37 to advertise for sealed proposals for furnishing the
30-38 materials and performing the work necessary in making the
30-39 improvements. The notice of such proposals shall describe
30-40 the places to be improved; the kinds of improvements
30-41 proposed; what, if any, bond or bonds will be required to be
30-42 executed by the contractor aforesaid; the time and place
30-43 that such sealed proposals shall be filed; and when and
30-44 where the same will be considered by the mayor and council.
30-45 The notice shall be published in ten consecutive issues of a
-30-
31- 1 daily newspaper of general circulation in the City of
31- 2 Valdosta. At the time and place specified in the notice,
31- 3 the mayor and council shall examine all bids received and
31- 4 without unnecessary delay award the contract to the lowest
31- 5 and best bidder, who will perform the work and furnish the
31- 6 materials which may be selected and perform all the
31- 7 conditions imposed by the mayor and council as prescribed in
31- 8 such resolution and notice for proposals, which contract
31- 9 shall in no case exceed the estimate of cost submitted to
31-10 the city manager with the plans and specifications, and the
31-11 mayor and council shall have the right to reject any and all
31-12 bids and readvertise for other bids when such bids are not
31-13 satisfactory in the judgment of the mayor and council.
31-14 (g) As soon as the contract is let and the cost of the
31-15 improvement, which shall also include all other expenses
31-16 incurred by the city incident to the improvements in
31-17 addition to the contract price for the work and materials,
31-18 is ascertained, the mayor and council shall by resolution
31-19 appoint a board of appraisers, consisting of the city
31-20 engineer, city clerk and the chairperson of the board of tax
31-21 assessors, to appraise and apportion the costs and expenses
31-22 of the improvement to the several tracts of land abutting
31-23 the improvement as hereinbefore provided. Within ten days
31-24 from the date of the resolution appointing the board, the
31-25 board shall file a written report of the appraisal,
31-26 assessment, and apportionment of the expenses and costs to
31-27 the several lots and tracts of land abutting the street,
31-28 avenue, alley, lane, or other public place so improved with
31-29 the city clerk in the manner and on the basis herein
31-30 provided. When the report shall have been returned and
31-31 filed, the mayor and council shall appoint a time for the
31-32 holding of a session of the council or shall designate a
31-33 regular meeting of the council for the hearing of any
31-34 complaints or objections that may be made concerning the
31-35 appraisal, apportionment, or assessment as to such lots or
31-36 tracts of land abutting the improvement. Notice of the
31-37 session for the hearing shall be published by the city clerk
31-38 in at least five consecutive issues of any daily newspaper
31-39 of general circulation in the City of Valdosta, and the
31-40 notice shall provide for an inspection of the return by any
31-41 property owner or other party interested in the return. The
31-42 time fixed for the hearing shall not be less than five days
31-43 nor more than ten days from the last publication. The mayor
31-44 and council at the session shall have power to review and
31-45 correct the appraisal, apportionment, and assessment and to
-31-
32- 1 hear objections thereto and to confirm the appraisal and
32- 2 apportionment either as made by the board or as corrected by
32- 3 the mayor and council. Assessments in conformity to the
32- 4 appraisal and apportionment as confirmed by the council
32- 5 shall be payable in ten equal installments and shall bear
32- 6 interest at a rate not exceeding 1 percent above the prime
32- 7 interest rate as then defined by the Federal Reserve Board
32- 8 until paid, payable each year at such time as the several
32- 9 installments of the assessment are made payable each year.
32-10 The mayor and council shall by ordinance levy assessments in
32-11 accordance with the appraisal and apportionment as so
32-12 confirmed against the several tracts of land liable
32-13 therefor; provided, however, that the rate of interest to be
32-14 taxed shall not exceed 1 percent over and above the rate of
32-15 interest stipulated in the bonds herein provided for.
32-16 (h) The first installment of the assessments, together with
32-17 interest to that date upon the whole, shall be due and
32-18 payable on the first day of September next succeeding the
32-19 passage of the ordinance, and one installment with the
32-20 yearly interest upon the amounts remaining unpaid shall be
32-21 payable on the first day of September in each succeeding
32-22 year until all shall be paid; provided, that if the
32-23 assessing ordinance shall be passed after the first day of
32-24 August in each year, the first installment of the assessment
32-25 and interest shall be due and payable on September first of
32-26 the following year. The ordinance shall also provide that
32-27 the owners of the property so assessed shall have the
32-28 privilege of paying the amounts of their respective
32-29 assessments within 30 days from the date of the passage of
32-30 the ordinance. The owners of the property so assessed shall
32-31 be allowed to make payment of their respective assessments
32-32 without interest within the period of 30 days to the
32-33 treasurer of the City of Valdosta and relieve their property
32-34 from the lien of the assessment, which money so paid to the
32-35 treasurer shall be disbursed pro rata between the contractor
32-36 and the city in proportion to the respective interests.
32-37 (i) The special assessment and each installment thereof, and
32-38 the interest thereon, are hereby declared to be a lien
32-39 against the lots and tracts of land, so assessed from the
32-40 date of the ordinance levying the same and such lien shall
32-41 continue until such assessment and interest thereon shall be
32-42 fully paid, but unmatured installments shall not be deemed
32-43 to be within the terms of any general covenant or warranty.
-32-
33- 1 (j) The mayor and council, after the expiration of 30 days
33- 2 from the passage of the ordinance confirming and levying the
33- 3 assessment, shall by resolution provide for the issuance of
33- 4 bonds in the aggregate amount of the assessment remaining
33- 5 unpaid, bearing date fifteen days after the passage of the
33- 6 ordinance levying the assessments and of such denominations
33- 7 as the mayor and council shall determine, which bond or
33- 8 bonds shall in no event become a liability of the mayor and
33- 9 council of the City of Valdosta issuing same. One-tenth in
33-10 amount of any series of bonds with the interest upon the
33-11 whole series to date shall be payable on the fifteenth day
33-12 of September next succeeding the maturity of the first
33-13 installment of the assessments and interest, and one-tenth
33-14 thereof with the yearly interest upon the whole amount
33-15 remaining unpaid shall be payable on the fifteenth day of
33-16 September in each succeeding year until all shall be paid.
33-17 The bonds shall bear interest at a rate not exceeding 6
33-18 percent per annum from their date until maturity payable
33-19 annually, shall be designated as "street improvement bonds,"
33-20 and shall on the face thereof recite the street or streets,
33-21 or part of a street or streets, or other public places for
33-22 the improvement of which they have been issued and that they
33-23 are payable solely from assessments which have been levied
33-24 upon the lots and tracts of land benefited by the
33-25 improvement under authority of this chapter. The bonds
33-26 shall be signed by the mayor and attested by the city clerk
33-27 and shall have the impression of the corporate seal of the
33-28 city thereon and shall have interest coupons attached, and
33-29 all bonds issued by authority of this chapter shall be
33-30 payable at such place either within or without the State of
33-31 Georgia as shall be designated by the mayor and council.
33-32 The bonds shall be sold at not less than par and the
33-33 proceeds thereof applied to the payment of the contract
33-34 price and other expenses by the mayor and council, or such
33-35 bonds in the amount that shall be necessary for that purpose
33-36 may be turned over and delivered to the contractor at par
33-37 value in payment of the amount due him or her on said
33-38 contract, and the portion thereof which shall be necessary
33-39 to pay other expenses incident to and incurred in providing
33-40 for said improvements shall be sold or otherwise disposed of
33-41 as the mayor and council shall direct.
33-42 The bonds shall be registered by the city clerk in a book to
33-43 be provided for that purpose, and certificates of
33-44 registration by the city clerk shall be endorsed upon each
33-45 of the bonds.
-33-
34- 1 (k) The assessments provided for and levied under the
34- 2 provisions of this chapter shall be payable by the person
34- 3 owning the lots or tracts of land as the several
34- 4 installments become due, together with the interest thereon,
34- 5 to the treasurer of the city, who shall give proper receipts
34- 6 for such payments. It shall be the duty of the treasurer to
34- 7 keep an accurate account of all such collections made, and
34- 8 such collections shall be kept in a special fund to be used
34- 9 and applied for the payment of the bonds, any interest
34-10 thereon, and the expenses incurred thereto and for no other
34-11 purpose.
34-12 It shall be the duty of the treasurer or city clerk, not
34-13 less than 30 days and not more than 40 days before the
34-14 maturity of any installment of such assessments, to publish
34-15 in two successive issues of a daily newspaper published in
34-16 the City of Valdosta and having a general circulation in the
34-17 city a notice advising the owner of the property affected by
34-18 such assessment of the date when such installment and
34-19 interest will be due and designating the street or streets
34-20 or other public places for the improvement of which such
34-21 assessments have been levied and that, unless the same shall
34-22 be promptly paid, proceedings will be commenced to collect
34-23 the installment and interest. It shall be the duty of the
34-24 treasurer, after the date of the maturity of any such
34-25 installment or assessment and interest and on or before the
34-26 fifteenth day of September of each year in case of default
34-27 of payment of such installment or assessment with interest,
34-28 to issue promptly an execution against the lot or tract of
34-29 land assessed for such improvement or against the party or
34-30 person owning the same for the amount of such assessment
34-31 with interest and to turn over the same to the marshal or
34-32 chief of police of the City of Valdosta or his or her
34-33 deputy. The marshal or chief of police of the City of
34-34 Valdosta or his or her deputy shall levy the same upon the
34-35 adjoining real estate liable for such assessment and
34-36 previously assessed for such improvement, and, after
34-37 advertisement and other proceedings as in cases of tax
34-38 sales, the same shall be sold at public outcry to the
34-39 highest bidder; and such sales shall vest an absolute title
34-40 in the purchaser subject to the lien of the remaining unpaid
34-41 installments with interest and also subject to the right of
34-42 redemption as provided from time to time by the laws of the
34-43 State of Georgia. The defendant shall have the right to
34-44 file an affidavit denying that the whole or any part of the
34-45 amount for which the execution is issued is due and stating
-34-
35- 1 what amount he or she admits to be due, which amount so
35- 2 admitted to be due shall be paid or collected before the
35- 3 affidavit is received and the affidavit received for the
35- 4 balance. All affidavits (and the foregoing and following
35- 5 provisions shall apply to railroad companies against whom
35- 6 execution shall be issued for the cost and expense of
35- 7 paving) shall set out in detail the reasons why the
35- 8 affidavit claims the amount is not due and, when received by
35- 9 the city marshal or chief of police, shall be returned to
35-10 the Municipal Court of Valdosta, Lowndes County, Georgia,
35-11 and there be tried and the issue determined as in cases of
35-12 illegality, subject to all the penalties provided for in
35-13 cases of illegality for delay under the O.C.G.A.
35-14 The failure of the treasurer or clerk to publish the notice
35-15 of maturity of any installment of said assessment and
35-16 interest shall in no wise affect the validity of the
35-17 assessment and interest and the execution issued therefor.
35-18 (l) No suit shall be sustained to set aside any such
35-19 assessment or to enjoin the mayor and council from making
35-20 any such assessment or levying or collecting any such
35-21 assessment or issuing such bonds or providing for their
35-22 payment as herein authorized or contesting the validity
35-23 thereof on any ground or for any reason other than for the
35-24 failure of the mayor and council to adopt and publish the
35-25 preliminary resolution provided for in subsection (c) of
35-26 this section in cases requiring such resolution and its
35-27 publication and to give the notice of the hearing of the
35-28 return of the appraisers as herein provided for, unless such
35-29 suit shall be commenced within 60 days after the passage of
35-30 the ordinance making such final assessment; provided,
35-31 however, that, in the event any special assessment shall be
35-32 found to be invalid or insufficient in whole or in part for
35-33 any reason whatsoever, the mayor and council may at any time
35-34 in the manner provided for the levying of an original
35-35 assessment proceed to cause a new assessment to be made and
35-36 levied which shall have like force and effect as an original
35-37 assessment.
35-38 (m) In all cases where the mayor and council shall deem it
35-39 necessary to repave, redrain, remacadamize, or otherwise
35-40 improve any street, avenue, alley, lane, or other public
35-41 place which had been paved or improved prior to the passage
35-42 of this law or which shall have been heretofore paved,
35-43 macadamized, or drained under the provisions of this
35-44 chapter, such pavement or improvement is hereby authorized
-35-
36- 1 to be done under and in pursuance of the provisions of this
36- 2 chapter, and in such cases all provisions of this chapter
36- 3 providing for making such improvements and levying
36- 4 assessments therefor and the issuance of bonds shall apply;
36- 5 provided, that, in the judgment of the mayor and council,
36- 6 the pavement is worn out and no longer serviceable.
36- 7 (n) The publication of all notices in a daily newspaper
36- 8 called for in this chapter shall be the number of days
36- 9 therein specified exclusive of Sundays and legal holidays.
36-10 (o) Whenever the abutting landowners of any street, avenue,
36-11 alley, or lane of the city petition the mayor and council as
36-12 herein set out or the mayor and council pass the resolution
36-13 provided for in subsection (c) of this section for the
36-14 pavement of any such street, avenue, alley, lane, or other
36-15 public place where the state or any political subdivision is
36-16 the owner of the property on the street, the frontage so
36-17 owned is to be counted as if owned by an individual and
36-18 shall be likewise treated for the purposes of assessment;
36-19 where the state is the owner of the property, the Governor
36-20 is authorized to sign any petition provided for in this
36-21 chapter for and on behalf of the state, and where the county
36-22 is the owner, the chairperson of the Board of County
36-23 Commissioners of Lowndes County is authorized to sign on
36-24 behalf of the county; and where the City of Valdosta is the
36-25 owner, the mayor of Valdosta is authorized to sign on behalf
36-26 of the city.
36-27 SECTION 7.3.
36-28 Assessments for sidewalk and curb improvements.
36-29 The mayor and council shall have power and authority to
36-30 assess two-thirds of the costs of paving and otherwise
36-31 improving the sidewalks, including the necessary curbing, on
36-32 the real estate abutting the street and on the side of the
36-33 street on which the sidewalk is improved.
36-34 Similarly, the mayor and council shall have power and
36-35 authority to assess all of the costs of paving and otherwise
36-36 improving the sidewalks, including the necessary curbing,
36-37 against said abutting real estate, provided that, after
36-38 publication of notice as prescribed by Section 7.5 of this
36-39 chapter, a majority of the owners of the said real estate
36-40 fail to file protest against the same in the manner and
36-41 within the time prescribed by Section 7.5.
36-42 SECTION 7.4.
36-43 Assessments for street improvements.
-36-
37- 1 The mayor and council shall have full power and authority to
37- 2 assess one-third of the costs of paving, grading,
37- 3 macadamizing, and constructing side drains, cross drains,
37- 4 and crossings and otherwise improving the roadway or street
37- 5 proper on the real estate abutting each side of the street
37- 6 improved. The real estate abutting shall pay two-thirds of
37- 7 the entire cost, and any railroad company having tracks
37- 8 running through or across the streets of the city shall be
37- 9 required to pave, grade, macadamize, or otherwise improve
37-10 said streets in such proportion as the mayor and council may
37-11 prescribe.
37-12 Similarly, the mayor and council shall have full power and
37-13 authority to assess one-half of the costs of paving,
37-14 grading, macadamizing, and constructing side drains, cross
37-15 drains, and crossings and otherwise improving the roadway or
37-16 street proper against the real estate abutting each side of
37-17 the street or section of street improved, provided that,
37-18 after publication of notice as prescribed by Section 7.5 of
37-19 this chapter, a majority of the owners of the real estate
37-20 fail to file protest against the same in the manner and
37-21 within the time prescribed by Section 7.5.
37-22 SECTION 7.5.
37-23 The mayor and council shall in no event assess more than
37-24 two-thirds of the costs of paving and otherwise improving
37-25 the sidewalks against the abutting real estate, as
37-26 authorized by Section 7.3, or assess more than one-third of
37-27 the costs of the paving and otherwise improving the roadway
37-28 or street proper against abutting real estate on each side
37-29 of the street improved, as authorized by Section 7.4,
37-30 without first advertising their intention to do so once a
37-31 week for two weeks in a newspaper having general circulation
37-32 in the City of Valdosta and allowing the owners of the real
37-33 estate affected a period of ten days after the last
37-34 publication of the notice in which to file with the city
37-35 clerk their written protests against the assessment; and in
37-36 the event that a majority in number of such owners so file
37-37 their protests within the period of ten days, the excessive
37-38 assessments shall not be made.
37-39 SECTION 7.6.
37-40 Equalizing assessments, authority to provide for.
37-41 The mayor and council shall have full power and authority to
37-42 adopt by ordinance such a system of equalizing assessments
-37-
38- 1 on real estate for the above purposes for the amounts set
38- 2 forth as may be just and proper, estimating the total cost
38- 3 of each improvement made and prorating the cost thereof on
38- 4 the real estate, according to its frontage on the street or
38- 5 portion of street improved. The amount of assessment on
38- 6 each piece of real estate shall be a lien on said real
38- 7 estate from the date of the passage of the ordinance
38- 8 providing for the work and making the assessment.
38- 9 SECTION 7.7.
38-10 Enforcement of assessments.
38-11 The mayor and council shall have full power and authority to
38-12 enforce collection for the amount of any assessment so made
38-13 for work, either upon the streets or sidewalks, by execution
38-14 issued by the city clerk against the real estate so assessed
38-15 and against the owner thereof at the date of the ordinance
38-16 making such assessment, which execution may be levied by the
38-17 marshal of the city on such real estate, and, after
38-18 advertising and other proceedings, as in cases of tax sales,
38-19 the same shall be sold at public outcry to the highest
38-20 bidder. Such sale shall pass absolute title to the
38-21 purchaser. The marshal shall have power to eject occupants
38-22 and put the purchaser in possession, provided that the
38-23 defendant shall have the right to file an affidavit denying
38-24 the whole or any part of the amount for which such execution
38-25 issued is due and stating what amount, if any, he or she
38-26 admits to be due, which amount so admitted to be due shall
38-27 be paid or collected before the affidavit is received, and
38-28 affidavit received for the balance. All such affidavits
38-29 received shall be returned to the Superior Court of Lowndes
38-30 County, Georgia, and shall be there tried and the issue
38-31 determined as in cases of illegality, subject to all the
38-32 penalties provided as in cases of illegality filed for delay
38-33 only.
38-34 SECTION 7.8.
38-35 Uniform pavement.
38-36 The mayor and council shall have authority to pave and
38-37 contract to pave the whole surface of any street without
38-38 giving any railroad company or other property holder or
38-39 occupant of the street the option of having the space to be
38-40 paved by it paved by itself or a contract at its instance,
38-41 the object being to prevent delay and to secure uniformity
38-42 in the pavement.
-38-
39- 1 SECTION 7.9.
39- 2 The lien for the assessment upon abutting property and
39- 3 railroad companies, for street or sidewalk paving, curbing,
39- 4 macadamizing, grading, or draining, shall have rank and
39- 5 priority of payment as provided by general law, such lien to
39- 6 date from the passage of the ordinance authorizing the
39- 7 execution of the work in such case.
39- 8 SECTION 7.10.
39- 9 All executions issued against property owners for paving,
39-10 grading, macadamizing, and constructing side drains, cross
39-11 drains, and crossings and otherwise improving the roadway,
39-12 street proper, or sidewalks of the city as above provided
39-13 shall be issued as set forth in Section 6.8 of this charter.
39-14 Chapter 2. Sewers
39-15 SECTION 7.21.
39-16 Assessments of cost.
39-17 The mayor and council of the city shall have full power and
39-18 authority to assess the total amount of the actual costs of
39-19 sewers or drains and of laying and constructing the same
39-20 upon the real estate abutting streets in the city through
39-21 and along which sewers or drains may be placed or
39-22 constructed and upon any real estate through and upon which
39-23 the same may be constructed or laid. The mayor and council
39-24 of the city shall have full authority to enforce collection
39-25 of the amount of such assessments by execution issued by the
39-26 city clerk against the real estate so assessed and against
39-27 the owner thereof at the date of the ordinance making such
39-28 assessments, which execution may be levied by the marshal of
39-29 the city. After advertising and other proceedings, as in
39-30 cases of tax sales, said real estate shall be sold at public
39-31 outcry to the highest bidder, the sale shall pass absolute
39-32 title to the purchaser, and the city marshal shall have the
39-33 right to eject occupants and put the purchasers into
39-34 possession, provided that the defendant named in the
39-35 execution shall have the right to file an affidavit denying
39-36 the whole or any part of the amount for which such execution
39-37 issued is due, which amount so admitted to be due shall be
39-38 paid or collected before the affidavit is received, and
39-39 affidavit received for the balance. All such affidavits
39-40 received shall be returned to the Superior Court of Lowndes
39-41 County, Georgia, and shall be there tried and the issue
-39-
40- 1 determined as in cases of illegality, subject to all the
40- 2 penalties provided as in cases of illegality filed for delay
40- 3 only.
40- 4 SECTION 7.22.
40- 5 Ordinance providing for sewers and drains
40- 6 required; content and publication; notice.
40- 7 The purchase, laying, and construction of all sewers or
40- 8 drains under this chapter shall be provided for by
40- 9 ordinance. After the first reading of an ordinance
40-10 providing for a sewer or drain, notice of the introduction
40-11 of same shall be published in the daily newspaper published
40-12 in the city, and such notice shall contain a description of
40-13 the line along which the proposed sewer or drain is to be
40-14 laid; a description of the general character, material, and
40-15 size of such sewer or drain; and the date of the
40-16 introduction of the ordinance, without stating therein any
40-17 of the other contents of the ordinance. The notice shall be
40-18 so published in at least as many as six consecutive issues
40-19 of the Valdosta Daily Times or other daily paper published
40-20 in the city, and if a majority of the owners of the land
40-21 liable to assessment as provided in Section 7.11 of this
40-22 chapter shall not, within 15 days after the last publication
40-23 of the notice, file with the clerk of the city their
40-24 protests in writing against the adoption or passage of the
40-25 ordinance, then the ordinance may be adopted or passed by
40-26 the mayor and council of the city at any regular or called
40-27 meeting held subsequent to the expiration of the 15 day
40-28 period after the last publication of the notice, and
40-29 substantial compliance with the above requirements as to the
40-30 notice shall be sufficient.
40-31 SECTION 7.23.
40-32 Assessment for extension to
40-33 property line authorized.
40-34 Power and authority is given the mayor and council, in
40-35 addition to assessing the costs of the purchase, laying, and
40-36 construction of sewers or drains in the streets upon owners
40-37 of abutting property as herein provided, to likewise assess
40-38 and collect from owners of abutting property that total cost
40-39 of extending such sewers, for the purpose of connection with
40-40 residences, to the property line, at the time such sewers
40-41 are laid or subsequent thereto; such assessments to be made
40-42 and collected in the same manner and subject to the same
40-43 conditions and limitations as hereinbefore provided for the
40-44 purchase, laying, and construction of the main sewer and
-40-
41- 1 subject also to the same remedy of the defendant in
41- 2 execution as hereinbefore provided in Section 7.12 of this
41- 3 chapter.
41- 4 SECTION 7.24.
41- 5 Extensions from sewer line to
41- 6 property line; authorized.
41- 7 Whenever a sewer is laid or constructed in any street or
41- 8 public place, the city is authorized to make extensions from
41- 9 same to the property line--that is, the line of the property
41-10 abutting the street or public place where such extensions
41-11 are made--with said extensions to be installed at
41-12 established intervals of not less than 50 feet each in the
41-13 residential section of the city and not less than 20 feet
41-14 each in the business section of the city. The mayor and
41-15 council are hereby authorized to assess the property
41-16 abutting the street or public place for the total cost of
41-17 constructing the extensions; that where same are made in
41-18 front of the abutting property, the assessments for making
41-19 extensions shall be made in connection with and at the same
41-20 time of the laying and construction of the main sewer, and
41-21 the assessments shall be made and collected in the same
41-22 manner and subject to the same conditions and limitations as
41-23 hereinbefore provided in Section 7.12 of this chapter.
41-24 SECTION 7.25.
41-25 Condemnation.
41-26 The mayor and council are hereby authorized to construct and
41-27 lay down sewer or drains through private property within and
41-28 beyond the corporate limits of the city, provided such
41-29 property is first condemned for such purposes in accordance
41-30 with the laws of the State of Georgia.
41-31 SECTION 7.26.
41-32 Drain defined.
41-33 The word, "drain," as used in this chapter, shall include
41-34 storm sewers, culverts, and catch basins, as well as other
41-35 kinds of drainage.
41-36 Chapter 3. Water Mains and Drains
41-37 SECTION 7.31.
41-38 Assessment of cost; authority of mayor and council;
41-39 enforcement of assessments, etc.
41-40 The mayor and council of the city shall have full power and
41-41 authority to assess the total amount of such assessments by
-41-
42- 1 executions issued by the clerk against the real estate so
42- 2 assessed and against the owner thereof at the date of the
42- 3 ordinance making such assessments, which execution may be
42- 4 levied by the marshal of the city on such real estate, and,
42- 5 after advertising and other proceedings as in cases of tax
42- 6 sales, same shall be sold at public outcry to the highest
42- 7 bidder, such sale shall pass absolute title to the
42- 8 purchaser, and the city marshal shall have the right to
42- 9 eject occupants and put the purchasers into possession;
42-10 provided, that the defendant named in the execution shall
42-11 have the right to file an affidavit denying the whole or any
42-12 part of the amount for which the execution issued is due,
42-13 and stating what amount, if any, he or she admits to be due,
42-14 which amount so admitted to be due shall be paid or
42-15 collected before the affidavit is received, and affidavit
42-16 received for the balance. All such affidavits received
42-17 shall be returned to the Superior Court of Lowndes County,
42-18 Georgia, and shall be there tried and the issue determined
42-19 as in cases of illegality filed for delay only.
42-20 SECTION 7.32.
42-21 Ordinance, required; publication, notice.
42-22 The purchase, laying, and connecting of all water mains
42-23 under this chapter shall be provided for by ordinance. After
42-24 the first reading of an ordinance providing for a water
42-25 main, notice of the introduction of same shall be published
42-26 in the Valdosta Daily Times or other daily paper published
42-27 in the city, and such notice shall contain a description of
42-28 the line along which the proposed water main is to be laid;
42-29 a description of the general character, material, and size
42-30 of such water main; and the date of the introduction of such
42-31 ordinance, without stating therein any of the other contents
42-32 of the ordinance. The notice shall be so published in at
42-33 least as many as six consecutive issues of the Valdosta
42-34 Daily Times or other daily paper published in the city. If
42-35 a majority of the owners of the land liable to assessment as
42-36 provided in Section 7.22 of this chapter shall not, within
42-37 15 days after the last publication of the notice, file with
42-38 the clerk their protests in writing against the adoption or
42-39 passage of the ordinance, then the ordinance may be adopted
42-40 or passed by the mayor and council of the city at any
42-41 regular or called meeting held subsequent to the expiration
42-42 of the said period of 15 days after the last publication of
42-43 the notice, and substantial compliance with the above
42-44 requirements as to the notice shall be sufficient.
-42-
43- 1 SECTION 7.33.
43- 2 Assessment of cost of extension
43- 3 from line to property line.
43- 4 Power and authority is given the mayor and council, in
43- 5 addition to assessing the costs of the purchase, laying, and
43- 6 connecting of water mains in the streets upon owners of
43- 7 abutting property as herein provided, to likewise assess and
43- 8 collect from owners of abutting property the total costs of
43- 9 laying to the property line and connecting with the water
43-10 mains water pipes for the purpose of connection with
43-11 residences at the time such water mains are laid and
43-12 connected or subsequent thereto; such assessments to be made
43-13 and collected in the same manner and subject to the same
43-14 conditions and limitations as hereinbefore provided for the
43-15 purchase, laying, and connecting of the water mains and
43-16 subject also to the same remedy of the defendant in
43-17 execution as hereinbefore provided in Section 7.22 of this
43-18 chapter.
43-19 SECTION 7.34.
43-20 Connection intervals authorized; assessments, etc.
43-21 Whenever a water main is laid and connected in any street or
43-22 public place, the city is authorized to lay same to the
43-23 property line--that is, the line of property abutting the
43-24 street or public place where such extensions are made--and
43-25 connect water pipes with the water mains, such extensions to
43-26 be installed at established intervals of not less than 50
43-27 feet each in the residential section of the city and not
43-28 less than 20 feet each in the business section of the city.
43-29 The mayor and council are hereby authorized to assess the
43-30 property abutting the street or public place for the total
43-31 costs of laying and connecting such water pipe lines with
43-32 the water mains, and where same are made in front of said
43-33 abutting property, the assessments for laying and connecting
43-34 the water pipe lines with the water mains shall be made in
43-35 connection with and at the same time of the laying and
43-36 connecting of the water mains. Such assessments shall be
43-37 made and collected in the same manner and subject to the
43-38 same conditions and limitations as hereinbefore provided for
43-39 the purchase, laying, and connecting of the water mains and
43-40 subject also to the same remedy of the defendant in
43-41 execution as hereinbefore provided in Section 7.22 of this
43-42 chapter.
43-43 SECTION 7.35.
43-44 Condemnation.
-43-
44- 1 The mayor and council are hereby authorized to lay and
44- 2 connect water mains through private property within the
44- 3 corporate limits of the city, provided such property is
44- 4 first condemned for such purposes in accordance with the
44- 5 laws of the State of Georgia.
44- 6 SECTION 7.36.
44- 7 Double assessment for corner lots, exemption.
44- 8 In cases of real estate situated on street corners and
44- 9 having frontage on streets in which a sewer or drain is
44-10 first laid and when a sewer is laid on the other street, 150
44-11 feet of frontage shall be exempt from such assessment on the
44-12 owner and real estate for the last named sewer or drain; and
44-13 likewise, in cases of real estate situated on street corners
44-14 and having frontage on two streets, the owners and real
44-15 estate thus situated shall be assessed for water mains and
44-16 connections therewith, as by this chapter provided, for the
44-17 frontage on the street in which a water main is first laid,
44-18 and when a water main is laid on the other street, 150 feet
44-19 of frontage shall be exempt from such assessment on the
44-20 owner and real estate for the last named water main.
44-21 SECTION 7.37.
44-22 All the assessments herein authorized and provided for shall
44-23 be a lien on the property against which the assessment is
44-24 made, which lien shall date from the date of the adoption of
44-25 the ordinance making such assessments.
44-26 SECTION 7.38.
44-27 Assessment for ditches, canals,
44-28 drainage ditches, etc.
44-29 The mayor and council shall have full power and authority to
44-30 assess by ordinance or resolution duly passed in open
44-31 session and meeting, two-thirds of the costs of digging,
44-32 cutting, and constructing ditches, canals, or drainage pipes
44-33 for the purpose of draining any lands in the city against
44-34 the land immediately and directly drained and benefited by
44-35 such ditch, canal, or drainage pipe so dug, cut, or
44-36 constructed and against the owners thereof, said assessment
44-37 to be prorated according to the amount of land drained, the
44-38 benefit accruing therefrom, and all other facts and
44-39 circumstances connected therewith. The same shall be and
44-40 become a judgment against the land and the owner thereof and
44-41 a lien against the land assessed from the date of the
44-42 passage of the ordinance or resolution. Should the owner of
-44-
45- 1 such land fail or refuse to pay the amount assessed against
45- 2 such land within 30 days from the date of the assessment,
45- 3 the same shall be collected by execution issued by the city
45- 4 clerk against the real estate so assessed and against the
45- 5 owner at the date of the assessment, which execution shall
45- 6 be levied by the marshal or chief of police of the city upon
45- 7 such real estate, and said real estate shall be advertised
45- 8 and sold as provided for in cases of tax sales. Such sale
45- 9 shall pass absolute title to the purchaser, who shall be put
45-10 in possession by the officer making the sale; provided,
45-11 however, that the defendant or owner of the land shall have
45-12 the right to file his or her affidavit of illegality with
45-13 such levying officer in which he or she shall have the right
45-14 to set up and take advantage of any and all defenses to
45-15 which he or she may have a right under the law, said
45-16 illegality to be as other cases of illegality, and provided,
45-17 further, that in all cases where, as provided by law,
45-18 damages have been awarded to the owner of any land thus
45-19 assessed, the mayor and council shall allow the amount of
45-20 such drainage as a setoff against such assessment, or same
45-21 may be taken advantage of in said affidavit of illegality.
45-22 Chapter 4. Utilities
45-23 SECTION 7.41.
45-24 Regulations relative to water supply, authorized.
45-25 The mayor and council shall have power to make rules and
45-26 regulations respecting the introduction of water into or
45-27 upon the premises and from time to time to regulate the use
45-28 thereof in such manner as shall seem to them proper, and the
45-29 superintendents or inspectors in their service are hereby
45-30 authorized and empowered to enter at all reasonable hours
45-31 any dwelling or other place where the water is taken and
45-32 used and, where unnecessary waste thereof is found, to
45-33 inspect, examine, and inquire as to the cost thereof. They
45-34 shall have the power also to examine all service pipes, stop
45-35 cocks, and other apparatus connected with said water system
45-36 for the purpose of ascertaining whether same are of the
45-37 character and dimensions and fixed in the manner directed in
45-38 the permits issued therefor. If any person or persons
45-39 refuse to permit such examinations or oppose or obstruct
45-40 such officer in the performance of his or her duty, he, she,
45-41 or they so offending shall be liable for such damages as the
45-42 mayor and council may prescribe not inconsistent with this
45-43 charter.
-45-
46- 1 SECTION 7.42.
46- 2 The mayor and council shall have power to regulate the
46- 3 distribution and use of water in all places and for all
46- 4 purposes where the same may be required and from time to
46- 5 time shall fix the price for the use thereof and the time of
46- 6 payment and may erect such number of public hydrants and in
46- 7 such places as they shall see fit, directing in what manner
46- 8 and for what purposes they shall be used, and all of which
46- 9 they may change at their discretion. They shall have power
46-10 and authority to require the payment in advance for the use
46-11 and rent of water furnished by them in or upon any building,
46-12 place, or premises, and in case prompt payment shall not be
46-13 made, they may shut off the water from such place, building,
46-14 or premises and shall not be compelled again to supply such
46-15 place, building, or premises with water until said arrears,
46-16 with interest thereon, shall be promptly paid, except as
46-17 otherwise provided by general law.
46-18 SECTION 7.43.
46-19 Protection of water supply.
46-20 If any person or persons shall maliciously or wrongfully
46-21 divert the water or any portion thereof from the waterworks
46-22 or shall corrupt or render the same impure or shall destroy
46-23 or injure any canal, aqueduct, public conduit, machinery, or
46-24 other property used or required for procuring or
46-25 distributing the water, such person or persons and their
46-26 aiders and abettors shall forfeit to the mayor and council,
46-27 to be recovered in an action for damages, such types and
46-28 amounts of damages which may be recovered according to law
46-29 and which shall appear on trial to have been sustained.
46-30 SECTION 8.1.
46-31 Public school system continued.
46-32 The public school system established in the City of
46-33 Valdosta, Georgia, pursuant to an Act of the General
46-34 Assembly, approved December 20, 1893 (Ga. L. 1893, p. 453),
46-35 as amended, is hereby continued and shall be conducted,
46-36 maintained, supported, and provided for in the manner
46-37 therein prescribed.
46-38 GENERAL PROVISIONS
-46-
47- 1 Chapter 1. Regulation of Conduct
47- 2 SECTION 9.1.
47- 3 Participation in elections.
47- 4 (a) No appointed officer or employee of the city shall in
47- 5 any manner contribute to, participate in, or take part in
47- 6 any election, primary, or any political contests, other than
47- 7 by exercising his or her right to vote; provided, the
47- 8 foregoing prohibition shall apply only to those elections,
47- 9 primaries, or political contests for offices of the city.
47-10 Any person violating the provisions of this section shall be
47-11 punishable as for violation of a city ordinance.
47-12 (b) The mayor or any councilmember during the current term
47-13 of office of such person, in order to qualify to run for
47-14 election to an elective municipal office other than that
47-15 currently held by such person, must first have resigned from
47-16 the elective office held by such person at least five days
47-17 prior to the opening of qualification for such election.
47-18 Chapter 2. Sale and Disposition of Property
47-19 SECTION 9.11.
47-20 Methods of sale.
47-21 The city may dispose of any real or personal property
47-22 belonging to the city by:
47-23 (1) Private negotiation and sale;
47-24 (2) Advertisement for sealed bids;
47-25 (3) Public outcry; or
47-26 (4) Exchange of property.
47-27 SECTION 9.12.
47-28 Private sale.
47-29 When the mayor and council propose to dispose of real
47-30 property by private sale, it shall at a regular council
47-31 meeting adopt a resolution or order authorizing an
47-32 appropriate city official to dispose of the property by
47-33 private sale at a negotiated price. The resolution or order
47-34 shall identify the real property to be sold and may, but
47-35 need not, specify a minimum price. The resolution or order
47-36 shall be published once after its adoption, and no sale
47-37 shall be consummated thereunder until ten days after its
47-38 publication.
-47-
48- 1 SECTION 9.13.
48- 2 Advertisement for sealed bids.
48- 3 The sale of property by advertisement for sealed bids shall
48- 4 be done in the manner prescribed by ordinance of the mayor
48- 5 and council; except that, in the case of real property, the
48- 6 advertisement for bids shall begin not less than 30 days
48- 7 before the date fixed for opening bids.
48- 8 SECTION 9.14.
48- 9 Public outcry.
48-10 The city may sell real or personal property by public
48-11 outcry. The mayor and council shall first adopt a
48-12 resolution authorizing the sale of real property, describing
48-13 the property to be sold; specifying the date, time, place,
48-14 and terms of sale; and stating that any offer or bid must be
48-15 accepted and confirmed by the mayor and council before the
48-16 sale will be effective. The resolution may, but need not,
48-17 require that the highest bidder at the sale make a bid
48-18 deposit in an amount specified in the resolution. The mayor
48-19 and council shall then publish a notice of the sale once, 15
48-20 days before the sale. The notice shall contain a general
48-21 description of the land sufficient to identify it, the terms
48-22 of the sale, and a reference to the authorizing resolution.
48-23 After bids have been received, the highest bid shall be
48-24 reported to the mayor and council, and the mayor and council
48-25 shall accept or reject it within 30 days thereafter. If the
48-26 bid is rejected, the mayor and council may readvertise the
48-27 real property for sale.
48-28 SECTION 9.15.
48-29 Exchange of property.
48-30 The city may exchange personal property. The city may
48-31 exchange any real property belonging to the city for other
48-32 real property by private negotiation if the city receives a
48-33 full and fair consideration in exchange for its property.
48-34 Real property shall be exchanged only pursuant to a
48-35 resolution authorizing the exchange adopted at a regular
48-36 meeting of the mayor and council upon ten days' public
48-37 notice. Notice shall be given by publication describing the
48-38 properties to be exchanged, stating the value of the
48-39 properties and other consideration changing hands, and
48-40 announcing the mayor and council's intent to authorize the
48-41 exchange at its next regular meeting.
-48-
49- 1 Chapter 3. Other Provisions
49- 2 SECTION 9.21.
49- 3 Ordinances and regulations.
49- 4 Existing ordinances and resolutions of the city and existing
49- 5 rules and regulations of the city and its agencies not
49- 6 inconsistent with the provisions of this charter shall be
49- 7 effective ordinances and resolutions of the city or of its
49- 8 agencies until they have been repealed, modified, or
49- 9 amended.
49-10 SECTION 9.22.
49-11 Contracts and obligations; proceedings.
49-12 (a) All contracts, orders, leases, bonds, and other
49-13 obligations or instruments entered into by the city or for
49-14 its benefit prior to the effective date of this charter
49-15 shall continue in effect according to the terms thereof as
49-16 obligations and rights of the city.
49-17 (b) No action or proceeding of any nature, whether civil,
49-18 criminal, judicial, administrative, or otherwise, pending at
49-19 the effective date of this charter by or against the city or
49-20 its departments and agencies shall be abated or otherwise
49-21 affected by the adoption of this charter.
49-22 The existing departmental organization of the city shall
49-23 continue in effect upon the effective date of this charter
49-24 until such organization is changed or reorganized as
49-25 provided by ordinance of the council and administrative
49-26 regulations consistent therewith.
49-27 SECTION 9.23.
49-28 Section captions.
49-29 The captions of the several sections of this charter are
49-30 informative only and are not to be construed as a part
49-31 thereof.
49-32 SECTION 9.24.
49-33 It shall be the duty of the governing authority of the City
49-34 of Valdosta to require the attorney therefor to submit this
49-35 Act for approval pursuant to Section 5 of the federal Voting
49-36 Rights Act of 1965, as amended.
49-37 SECTION 9.25
49-38 Specific repealer.
-49-
50- 1 An Act granting a new charter for the City of Valdosta,
50- 2 approved March 24, l976 (Ga. L. 1976, p. 3185), as amended,
50- 3 is hereby repealed in its entirety.
50- 4 SECTION 9.26.
50- 5 General repealer.
50- 6 All laws and parts of laws in conflict with this Act are
50- 7 hereby repealed.
-50-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/27/00
