| HB 739 - East Ellijay, City of; new charter |
First Reader Summary
A BILL to provide a new charter for the City of East Ellijay; and
for other purposes.
| House |
Action |
Senate |
| 2/23/99 |
Read 1st Time |
3/2/99 |
| 2/24/99 |
Read 2nd Time |
|
| 3/1/99 |
Favorably Reported |
3/24/99 |
| 3/1/99 |
Read 3rd Time |
|
| 3/1/99 |
Passed/Adopted |
3/24/99 |
| 4/12/99 |
Sent to Governor |
|
| 4/16/99 |
Signed by Governor |
|
| 176 |
Act/Veto Number |
|
| 4/16/99 |
Effective Date |
|
HB 739 LC 9 9896
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of East Ellijay,
1- 2 Georgia; to provide for the incorporation, powers, and
1- 3 boundaries of the city; to provide for the governing
1- 4 authority; to provide for a mayor and city council; to
1- 5 provide for administration; to provide for a municipal court
1- 6 of the city; to provide for elections; to provide for the
1- 7 financial and fiscal affairs of the city; to provide for
1- 8 municipal services and regulatory functions; to provide
1- 9 general provisions; to provide for other matters relative
1-10 thereto; to provide for severability; to provide for
1-11 specific repeal; to provide an effective date; to repeal
1-12 conflicting laws; and for other purposes.
1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-14 INCORPORATION AND POWERS
1-15 SECTION 1.10.
1-16 This city and the inhabitants thereof are reincorporated by
1-17 the enactment of this charter and are hereby constituted and
1-18 declared a body politic and corporate under the name and
1-19 style East Ellijay, Georgia, and by that name shall have
1-20 perpetual succession.
1-21 SECTION 1.11.
1-22 Corporate boundaries.
1-23 (a) The boundaries of this city shall be those existing on
1-24 the effective date of the adoption of this charter with such
1-25 alterations as may be made from time to time in the manner
1-26 provided by law. The boundaries of this city at all times
1-27 shall be shown on a map, a written description, or any
1-28 combination thereof, to be retained permanently in the
1-29 office of the mayor and to be designated, as the case may
1-30 be: "Official Map (or description) of the corporate limits
1-31 of the City of East Ellijay, Georgia." Photographic, typed,
1-32 or other copies of such map or description certified by the
-1-
2- 1 city clerk shall be admitted as evidence in all courts and
2- 2 shall have the same force and effect as with the original
2- 3 map or description.
2- 4 (b) The city council may provide for the redrawing of any
2- 5 such map by ordinance to reflect lawful changes in the
2- 6 corporate boundaries. A redrawn map shall supersede for all
2- 7 purposes the entire map or maps which it is designated to
2- 8 replace.
2- 9 SECTION 1.12.
2-10 Powers and construction.
2-11 (a) This city shall have all powers possible for a city to
2-12 have under the present or future Constitution and laws of
2-13 this state as fully and completely as though they were
2-14 specifically enumerated in this charter. This city shall
2-15 have all the powers of self-government not otherwise
2-16 prohibited by this charter or by general law.
2-17 (b) The powers of this city shall be construed liberally in
2-18 favor of the city. The specific mention or failure to
2-19 mention particular powers shall not be construed as limiting
2-20 in any way the powers of this city. These powers shall
2-21 include, but not be limited to, the following:
2-22 (1) Animal regulations. To regulate and license or to
2-23 prohibit the keeping or running at large of animals and
2-24 fowl and to provide for the impoundment of same if in
2-25 violation of any ordinance or lawful order; to provide
2-26 for the disposition by sale, gift, or humane destruction
2-27 of animals and fowl when not redeemed as provided by
2-28 ordinance; and to provide punishment for violation of
2-29 ordinances enacted under this charter;
2-30 (2) Appropriations and expenditures. To make
2-31 appropriations for the support of the government of the
2-32 city; to authorize the expenditure of money for any
2-33 purposes authorized by this charter and for any purpose
2-34 for which a municipality is authorized by the laws of
2-35 the State of Georgia; and to provide for the payment of
2-36 expenses of the city;
2-37 (3) Building regulation. To regulate and to license the
2-38 erection and construction of buildings and all other
2-39 structures; to adopt building, housing, plumbing,
2-40 electrical, gas, and heating and air-conditioning codes;
2-41 and to regulate all housing and building trades;
-2-
3- 1 (4) Business regulation and taxation. To levy and to
3- 2 provide for collection of regulatory fees and taxes on
3- 3 privileges, occupations, trades, and professions as
3- 4 authorized by Title 48 of the O.C.G.A. or such other
3- 5 applicable laws as are or may hereafter be enacted; to
3- 6 permit and regulate the same; to provide for the manner
3- 7 and method of payment of such regulatory fees and taxes;
3- 8 and to revoke such permits after due process for failure
3- 9 to pay any city taxes or fees;
3-10 (5) Condemnation. To condemn property, inside or outside
3-11 the corporate limits of the city, for present or future
3-12 use and for any corporate purpose deemed necessary by
3-13 the governing authority, utilizing procedures enumerated
3-14 in Title 22 of the O.C.G.A. or such other applicable
3-15 laws as are now or may hereafter be enacted;
3-16 (6) Contracts. To enter into contracts and agreements
3-17 with other governmental entities and with private
3-18 persons, firms, and corporations;
3-19 (7) Emergencies. To establish procedures for determining
3-20 and proclaiming that an emergency situation exists
3-21 within or outside the city and to make and carry out all
3-22 reasonable provisions deemed necessary to deal with or
3-23 meet such an emergency for the protection, safety,
3-24 health, or well-being of the citizens of the city;
3-25 (8) Environmental protection. To protect and preserve
3-26 the natural resources, environment, and vital areas of
3-27 the state through the preservation and improvement of
3-28 air quality, the restoration and maintenance of water
3-29 resources, the control of erosion and sedimentation, the
3-30 management of solid and hazardous waste, and other
3-31 necessary actions for the protection of the environment;
3-32 (9) Fire regulations. To fix and establish fire limits
3-33 and from time to time to extend, enlarge, or restrict
3-34 the same; to prescribe fire safety regulations not
3-35 inconsistent with general law, relating to both fire
3-36 prevention and detection and to fire fighting; and to
3-37 prescribe penalties and punishment for violations
3-38 thereof;
3-39 (10) Garbage fees. To levy, fix, assess, and collect a
3-40 garbage, refuse, and trash collection and disposal and
3-41 other sanitary service charge, tax, or fee for such
3-42 services as may be necessary in the operation of the
3-43 city from all individuals, firms, and corporations
-3-
4- 1 residing in or doing business in the city benefiting
4- 2 from such services; to enforce the payment of such
4- 3 charges, taxes, or fees; and to provide for the manner
4- 4 and method of collecting such service charges;
4- 5 (11) General health, safety, and welfare. To define,
4- 6 regulate, and prohibit any act, practice, conduct, or
4- 7 use of property which is detrimental to health,
4- 8 sanitation, cleanliness, welfare, and safety of the
4- 9 inhabitants of the city and to provide for the
4-10 enforcement of such standards;
4-11 (12) Gifts. To accept or refuse gifts, donations,
4-12 bequests, or grants from any source for any purpose
4-13 related to powers and duties of the city and the general
4-14 welfare of its citizens, on such terms and conditions as
4-15 the donor or grantor may impose;
4-16 (13) Health and sanitation. To prescribe standards of
4-17 health and sanitation and to provide for the enforcement
4-18 of such standards;
4-19 (14) Jail sentences. To provide that persons given jail
4-20 sentences in the municipal court may work out such
4-21 sentences in any public works or on the streets, roads,
4-22 drains, and other public property in the city; to
4-23 provide for commitment of such persons to any jail; or
4-24 to provide for commitment of such persons to any county
4-25 work camp or county jail by agreement with the
4-26 appropriate county officials;
4-27 (15) Motor vehicles. To regulate the operation of motor
4-28 vehicles and exercise control over all traffic,
4-29 including parking upon or across the streets, roads,
4-30 alleys, and walkways of the city;
4-31 (16) Municipal agencies and delegation of power. To
4-32 create, alter, or abolish departments, boards, offices,
4-33 commissions, and agencies of the city and to confer upon
4-34 such agencies the necessary and appropriate authority
4-35 for carrying out all the powers conferred upon or
4-36 delegated to the same;
4-37 (17) Municipal debts. To appropriate and borrow money
4-38 for the payment of debts of the city and to issue bonds
4-39 for the purpose of raising revenue to carry out any
4-40 project, program, or venture authorized by this charter
4-41 or the laws of the State of Georgia;
-4-
5- 1 (18) Municipal property ownership. To acquire, dispose
5- 2 of, lease, and hold in trust or otherwise any real,
5- 3 personal, or mixed property, in fee simple or lesser
5- 4 interest, inside or outside the property limits of the
5- 5 city;
5- 6 (19) Municipal property protection. To provide for the
5- 7 preservation and protection of property and equipment of
5- 8 the city and the administration and use of same by the
5- 9 public; and to prescribe penalties and punishment for
5-10 violations thereof;
5-11 (20) Municipal utilities. To acquire, lease, construct,
5-12 operate, maintain, sell, and dispose of public
5-13 utilities, including but not limited to a system of
5-14 waterworks, sewers and drains, sewage disposal, gas
5-15 works, electric light plants, cable television and other
5-16 telecommunications, transportation facilities, public
5-17 airports, and any other public utility; and to fix the
5-18 taxes, charges, rates, fares, fees, assessments,
5-19 regulations, and penalties and to provide for the
5-20 withdrawal of service for refusal or failure to pay the
5-21 same;
5-22 (21) Nuisance. To define a nuisance and provide for its
5-23 abatement whether on public or private property;
5-24 (22) Penalties. To provide penalties for violation of
5-25 any ordinances adopted pursuant to the authority of this
5-26 charter and the laws of the State of Georgia;
5-27 (23) Planning and zoning. To provide comprehensive city
5-28 planning for development by zoning; and to provide
5-29 subdivision regulation and the like as the city council
5-30 deems necessary and reasonable to ensure a safe,
5-31 healthy, and esthetically pleasing community;
5-32 (24) Police and fire protection. To exercise the power
5-33 of arrest through duly appointed police officers and to
5-34 establish, operate, or contract for a police and a
5-35 fire-fighting agency;
5-36 (25) Public hazards; removal. To provide for the
5-37 destruction and removal of any building or other
5-38 structure which is or may become dangerous or
5-39 detrimental to the public;
5-40 (26) Public improvements. To provide for the
5-41 acquisition, construction, building, operation, and
5-42 maintenance of public ways, parks and playgrounds,
-5-
6- 1 public grounds, recreational facilities, cemeteries,
6- 2 markets and market houses, public buildings, libraries,
6- 3 public housing, airports, hospitals, terminals, docks,
6- 4 parking facilities, and charitable, cultural,
6- 5 educational, recreational, conservation, sport,
6- 6 curative, corrective, detentional, penal, and medical
6- 7 institutions, agencies, and facilities; and to provide
6- 8 any other public improvements, inside or outside the
6- 9 corporate limits of the city; to regulate the use of
6-10 public improvements; and, for such purposes, property
6-11 may be acquired by condemnation under Title 22 of the
6-12 O.C.G.A. or such other applicable laws as are now or may
6-13 hereafter be enacted;
6-14 (27) Public peace. To provide for the prevention and
6-15 punishment of drunkenness, riots, and public
6-16 disturbances;
6-17 (28) Public transportation. To organize and operate such
6-18 public transportation systems as are deemed beneficial;
6-19 (29) Public utilities and services. To grant franchises
6-20 or make contracts for or impose taxes on public
6-21 utilities and public service companies and to prescribe
6-22 the rates, fares, regulations, and standards and
6-23 conditions of service applicable to the service to be
6-24 provided by the franchise grantee or contractor, insofar
6-25 as not in conflict with valid regulations of the Georgia
6-26 Public Service Commission;
6-27 (30) Regulation of roadside areas. To prohibit or
6-28 regulate and control the erection, removal, and
6-29 maintenance of signs, billboards, trees, shrubs, fences,
6-30 buildings, and any and all other structures or
6-31 obstructions upon or adjacent to the rights of way of
6-32 streets and roads or within view thereof, within or
6-33 abutting the corporate limits of the city; and to
6-34 prescribe penalties and punishment for violation of such
6-35 ordinances;
6-36 (31) Retirement. To provide and maintain a retirement
6-37 plan for officers and employees of the city;
6-38 (32) Roadways. To lay out, open, extend, widen, narrow,
6-39 establish or change the grade of, abandon or close,
6-40 construct, pave, curb, gutter, adorn with shade trees,
6-41 or otherwise improve, maintain, repair, clean, prevent
6-42 erosion of, and light the roads, alleys, and walkways
6-43 within the corporate limits of the city; and to grant
-6-
7- 1 franchises and rights of way throughout the streets and
7- 2 roads and over the bridges and viaducts for the use of
7- 3 public utilities; and to require real estate owners to
7- 4 repair and maintain in a safe condition the sidewalks
7- 5 adjoining their lots or lands and to impose penalties
7- 6 for failure to do so;
7- 7 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7- 8 necessary to assure the acquiring, constructing,
7- 9 equipping, operating, maintaining, and extending of a
7-10 sewage disposal plant and sewerage system and to levy on
7-11 those to whom sewers and sewerage systems are made
7-12 available a sewer service fee, charge, or sewer tax for
7-13 the availability or use of the sewers; to provide for
7-14 the manner and method of collecting such service charges
7-15 and for enforcing payment of the same; and to charge,
7-16 impose, and collect a sewer connection fee or fees to
7-17 those connected with the system;
7-18 (34) Solid waste disposal. To provide for the collection
7-19 and disposal of garbage, rubbish, and refuse and to
7-20 regulate the collection and disposal of garbage,
7-21 rubbish, and refuse by others; and to provide for the
7-22 separate collection of glass, tin, aluminum, cardboard,
7-23 paper, and other recyclable materials and to provide for
7-24 the sale of such items;
7-25 (35) Special areas of public regulation. To regulate or
7-26 prohibit junk dealers, pawn shops, the manufacture,
7-27 sale, or transportation of any intoxicating liquors, and
7-28 the use and sale of firearms; to regulate the
7-29 transportation, storage, and use of combustible,
7-30 explosive, and inflammable materials, the use of
7-31 lighting and heating equipment, and any other business
7-32 or situation which may be dangerous to persons or
7-33 property; to regulate and control the conduct of
7-34 peddlers and itinerant traders, theatrical performances,
7-35 exhibitions, and shows of any kind, by taxation or
7-36 otherwise; and to license, tax, regulate, or prohibit
7-37 professional fortunetelling, palmistry, adult
7-38 bookstores, and massage parlors;
7-39 (36) Special assessments. To levy and provide for the
7-40 collection of special assessments to cover the costs for
7-41 any public improvements;
-7-
8- 1 (37) Taxes: ad valorem. To levy and provide for the
8- 2 assessment, valuation, revaluation, and collection of
8- 3 taxes on all property subject to taxation;
8- 4 (38) Taxes: other. To levy and collect such other taxes
8- 5 as may be allowed now or in the future by law;
8- 6 (39) Taxicabs. To regulate and license vehicles operated
8- 7 for hire in the city; to limit the number of such
8- 8 vehicles; to require the operators thereof to be
8- 9 licensed; to require public liability insurance on such
8-10 vehicles in the amounts to be prescribed by ordinance;
8-11 and to regulate the parking of such vehicles;
8-12 (40) Urban redevelopment. To organize and operate an
8-13 urban redevelopment program; and
8-14 (41) Other powers. To exercise and enjoy all other
8-15 powers, functions, rights, privileges, and immunities
8-16 necessary or desirable to promote or protect the safety,
8-17 health, peace, security, good order, comfort,
8-18 convenience, or general welfare of the city and its
8-19 inhabitants; and to exercise all implied powers
8-20 necessary or desirable to carry into execution all
8-21 powers granted in this charter as fully and completely
8-22 as if such powers were fully stated in this charter; and
8-23 to exercise all powers now or in the future authorized
8-24 to be exercised by other municipal governments under
8-25 other laws of the State of Georgia; and no listing of
8-26 particular powers in this charter shall be held to be
8-27 exclusive of others, nor restrictive of general words
8-28 and phrases granting powers, but shall be held to be in
8-29 addition to such powers unless expressly prohibited to
8-30 municipalities under the Constitution or applicable laws
8-31 of the State of Georgia.
8-32 SECTION 1.13.
8-33 Exercise of powers.
8-34 All powers, functions, rights, privileges, and immunities of
8-35 the city, its officers, agencies, or employees shall be
8-36 carried into execution as provided by this charter. If this
8-37 charter makes no provision, such shall be carried into
8-38 execution as provided by ordinance or as provided by
8-39 pertinent laws of the State of Georgia.
-8-
9- 1 GOVERNMENT STRUCTURE
9- 2 SECTION 2.10.
9- 3 City council creation; number; election.
9- 4 The legislative authority of the government of this city,
9- 5 except as otherwise specifically provided in this charter,
9- 6 shall be vested in a city council to be composed of a mayor
9- 7 and four councilmembers. The city council established shall
9- 8 in all respects be a successor to and continuation of the
9- 9 city governing authority under prior law. The mayor and
9-10 councilmembers shall be elected in the manner provided by
9-11 general law and this charter.
9-12 SECTION 2.11.
9-13 City council;
9-14 terms and qualifications for office.
9-15 The members of the city council shall serve for terms of
9-16 four years and until their respective successors are elected
9-17 and qualified. No person shall be eligible to serve as
9-18 mayor or councilmember unless that person shall have been a
9-19 resident of the city for 12 months prior to the date of the
9-20 election of mayor or members of the city council; each shall
9-21 continue to reside therein during that member's period of
9-22 service and to be registered and qualified to vote in
9-23 municipal elections of this city.
9-24 SECTION 2.12.
9-25 Vacancy; filling of vacancies; suspensions.
9-26 (a) Vacancies--The office of mayor or councilmember shall
9-27 become vacant upon the occurrence of any event specified by
9-28 the Constitution of the State of Georgia, Title 45 of the
9-29 O.C.G.A., or such other applicable laws as are or may
9-30 hereafter be enacted.
9-31 (b) Filling of vacancies--A vacancy in the office of mayor
9-32 or councilmember shall be filled for the remainder of the
9-33 unexpired term, if any, by appointment if less than 12
9-34 months remain in the unexpired term, otherwise by an
9-35 election as provided for in Section 5.14 of this charter and
9-36 Titles 21 and 45 of the O.C.G.A. or such other laws as are
9-37 or may hereafter be enacted.
-9-
10- 1 SECTION 2.13.
10- 2 Compensation and expenses.
10- 3 The mayor and councilmembers shall receive compensation and
10- 4 expenses for their services as provided by ordinance.
10- 5 SECTION 2.14.
10- 6 Holding other office;
10- 7 voting when financially interested.
10- 8 (a) Elected and appointed officers of the city are trustees
10- 9 and servants of the residents of the city and shall act in a
10-10 fiduciary capacity for the benefit of such residents.
10-11 (b) Except as authorized by law, no councilmember nor the
10-12 mayor shall hold any other city office or city employment
10-13 during the term for which that person was elected.
10-14 (c) No councilmember nor the mayor shall vote upon, sign, or
10-15 veto any ordinance, resolution, contract, or other matter in
10-16 which that person is financially interested.
10-17 SECTION 2.15.
10-18 Inquiries and investigations.
10-19 Following the adoption of an authorizing resolution, the
10-20 city council may make inquiries and investigations into the
10-21 affairs of the city and conduct of any department, office,
10-22 or agency thereof and for this purpose may subpoena
10-23 witnesses, administer oaths, take testimony, and require the
10-24 production of evidence. Any person who fails or refuses to
10-25 obey a lawful order issued in the exercise of these powers
10-26 by the city council shall be punished as may be provided by
10-27 ordinance.
10-28 SECTION 2.16.
10-29 General power and authority of the city council.
10-30 Except as otherwise provided by law or this charter, the
10-31 city council shall be vested with all the powers of
10-32 government of this city.
10-33 SECTION 2.17.
10-34 Eminent domain
10-35 The city council is hereby empowered to acquire, construct,
10-36 operate, and maintain public ways, parks, public grounds,
10-37 cemeteries, markets, market houses, public buildings,
10-38 libraries, sewers, drains, sewage treatment, waterworks,
10-39 electrical systems, gas systems, airports, hospitals, and
10-40 charitable, educational, recreational, sport, curative,
-10-
11- 1 corrective, detentional, penal, and medical institutions,
11- 2 agencies and facilities, and any other public improvements
11- 3 inside or outside the city, and to regulate the use thereof,
11- 4 and for such purposes, property may be condemned under
11- 5 procedures established under general law applicable now or
11- 6 as provided in the future.
11- 7 SECTION 2.18.
11- 8 Organizational meetings.
11- 9 The city council shall hold an organizational meeting on
11-10 January 2 following each election. The meeting shall be
11-11 called to order by the city clerk and the oath of office
11-12 shall be administered to the newly elected members as
11-13 follows:
11-14 "I do solemnly swear that I will faithfully perform the
11-15 duties of (mayor) (councilmember) of this city and that I
11-16 will support and defend the charter thereof as well as the
11-17 Constitution and laws of the State of Georgia and the
11-18 United States of America."
11-19 SECTION 2.19.
11-20 Regular and special meetings.
11-21 (a) The city council shall hold regular meetings at such
11-22 times and places as shall be prescribed by ordinance.
11-23 (b) Special meetings of the city council may be held on call
11-24 of the mayor or three members of the city council. Notice
11-25 of such special meeting shall be served on all other members
11-26 personally, or by telephone personally, at least 48 hours in
11-27 advance of the meeting. Such notice to councilmembers shall
11-28 not be required if the mayor and all councilmembers are
11-29 present when the special meeting is called. Such notice of
11-30 any special meeting may be waived by a councilmember in
11-31 writing before or after such a meeting and attendance at the
11-32 meeting shall also constitute a waiver of notice on any
11-33 business transacted in such councilmember's presence. Only
11-34 the business stated in the call may be transacted at the
11-35 special meeting.
11-36 (c) All meetings of the city council shall be public to the
11-37 extent required by law, and notice to the public of special
11-38 meetings shall be made as fully as is reasonably possible as
11-39 provided by Code Section 50-14-1 of the O.C.G.A. or other
11-40 such applicable laws as are or may hereafter be enacted.
-11-
12- 1 SECTION 2.20.
12- 2 Rules of procedure.
12- 3 (a) The city council shall adopt its rules of procedure and
12- 4 order of business consistent with the provisions of this
12- 5 charter and shall provide for keeping of a journal of its
12- 6 proceedings, which shall be a public record.
12- 7 (b) All committees and committee chairpersons and officers
12- 8 of the city council shall be appointed by the mayor and
12- 9 shall serve at the pleasure of the mayor. The mayor shall
12-10 have the power to appoint new members to any committee at
12-11 any time.
12-12 SECTION 2.21.
12-13 Quorum; voting.
12-14 Three councilmembers shall constitute a quorum and shall be
12-15 authorized to transact business of the city council. Voting
12-16 on the adoption of ordinances shall be by voice vote and the
12-17 vote shall be recorded in the journal, but any member of the
12-18 city council shall have the right to request a roll-call
12-19 vote and such vote shall be recorded in the journal. Except
12-20 as otherwise provided in this charter, the affirmative vote
12-21 of three councilmembers shall be required for the adoption
12-22 of any ordinance, resolution, or motion. An abstention
12-23 shall be counted as an affirmative vote.
12-24 SECTION 2.22.
12-25 Ordinance form; procedures.
12-26 (a) Every proposed ordinance should be introduced in writing
12-27 and in the form required for final adoption. No ordinance
12-28 shall contain a subject which is not expressed in its title.
12-29 The enacting clause shall be "It is hereby ordained by the
12-30 governing authority of the City of East Ellijay" and every
12-31 ordinance shall so begin.
12-32 (b) An ordinance may be introduced by any councilmember and
12-33 be read at a regular or special meeting of the city council.
12-34 Ordinances shall be considered and adopted or rejected by
12-35 the city council in accordance with the rules which it shall
12-36 establish; provided, however, an ordinance shall not be
12-37 adopted the same day it is introduced, except for emergency
12-38 ordinances provided for in Section 2.24 of this charter.
12-39 Upon introduction of any ordinance, the clerk shall as soon
12-40 as possible distribute a copy to the mayor and to each
12-41 councilmember and shall file a reasonable number of copies
-12-
13- 1 in the office of the clerk and at such other public places
13- 2 as the city council may designate.
13- 3 SECTION 2.23.
13- 4 Action requiring an ordinance.
13- 5 Acts of the city council which have the force and effect of
13- 6 law shall be enacted by ordinance. In general, ordinances
13- 7 are enacted for legislative acts and resolutions are for the
13- 8 administrative measures of the municipality.
13- 9 SECTION 2.24.
13-10 (a) To meet a public emergency affecting life, health,
13-11 property, or public peace, the city council may convene on
13-12 call of the mayor or three councilmembers and may promptly
13-13 adopt an emergency ordinance, but such ordinance may not
13-14 levy taxes; grant, renew, or extend a franchise; regulate
13-15 the rate charged by any public utility for its services; or
13-16 authorize the borrowing of money except for loans to be
13-17 repaid within 30 days. An emergency ordinance shall be
13-18 introduced in the form prescribed for ordinances generally,
13-19 except that it shall be plainly designated as an emergency
13-20 ordinance and shall contain, after the enacting clause, a
13-21 declaration stating that an emergency exists and describing
13-22 the emergency in clear and specific terms. An emergency
13-23 ordinance may be adopted, with or without amendment, or
13-24 rejected at the meeting at which it is introduced, but the
13-25 affirmative vote of at least three councilmembers shall be
13-26 required for adoption. It shall become effective upon
13-27 adoption or at such later time as it may specify. Every
13-28 emergency ordinance shall automatically stand repealed 30
13-29 days following the date upon which it was adopted, but this
13-30 shall not prevent reenactment of the ordinance in the manner
13-31 specified in this section if the emergency still exists. An
13-32 emergency ordinance may also be repealed by adoption of a
13-33 repealing ordinance in the same manner specified in this
13-34 section for adoption of emergency ordinances.
13-35 (b) Such meetings shall be open to the public to the extent
13-36 required by law and notice to the public of emergency
13-37 meetings shall be made as fully as is reasonably possible in
13-38 accordance with Code Section 50-14-1 of the O.C.G.A. or such
13-39 other applicable laws as are or may hereafter be enacted.
-13-
14- 1 SECTION 2.25.
14- 2 Codes of technical regulations.
14- 3 (a) The city council may adopt any standard code of
14- 4 technical regulations by reference thereto in an adopting
14- 5 ordinance. The procedure and requirements governing such
14- 6 adopting ordinance shall be as prescribed for ordinances
14- 7 generally except that: (1) the requirements of subsection
14- 8 (b) of Section 2.22 of this charter for distribution and
14- 9 filing of copies of the ordinance shall be construed to
14-10 include copies of any code of technical regulations, as well
14-11 as the adopting ordinance; and (2) a copy of each adopted
14-12 code of technical regulations, as well as the adopting
14-13 ordinance, shall be authenticated and recorded by the clerk
14-14 pursuant to Section 2.26 of this charter.
14-15 (b) Copies of any adopted code of technical regulations
14-16 shall be made available by the clerk for inspection by the
14-17 public.
14-18 SECTION 2.26.
14-19 Signing; authenticating;
14-20 recording; codification; printing.
14-21 (a) The clerk shall authenticate by the clerk's signature
14-22 and record in full in a properly indexed book kept for that
14-23 purpose all ordinances adopted by the city council.
14-24 (b) The city council shall provide for the preparation of a
14-25 general codification of all the ordinances of the city
14-26 having the force and effect of law. The general
14-27 codification shall be adopted by the city council by
14-28 ordinance and shall be published promptly, together with all
14-29 amendments thereto and such codes of technical regulations
14-30 and other rules and regulations as the city council may
14-31 specify. This compilation shall be known and cited
14-32 officially as "The Code of the City of East Ellijay,
14-33 Georgia." Copies of the code shall be furnished to all
14-34 officers, departments, and agencies of the city and made
14-35 available for purchase by the public at a reasonable price
14-36 as fixed by the city council.
14-37 (c) The city council shall cause each ordinance and each
14-38 amendment to this charter to be printed promptly following
14-39 its adoption, and the printed ordinances and charter
14-40 amendments shall be made available for purchase by the
14-41 public at reasonable prices to be fixed by the city council.
14-42 Following publication of the first code under this charter
14-43 and at all times thereafter, the ordinances and charter
-14-
15- 1 amendments shall be printed in substantially the same style
15- 2 as the code currently in effect and shall be suitable in
15- 3 form for incorporation therein. The city council shall make
15- 4 such further arrangements as deemed desirable with
15- 5 reproduction and distribution of any current changes in or
15- 6 additions to codes of technical regulations and other rules
15- 7 and regulations included in the code.
15- 8 SECTION 2.27.
15- 9 Election of mayor; forfeiture; compensation.
15-10 The mayor shall be elected and serve for a term of four
15-11 years and until a successor is elected and qualified. The
15-12 mayor shall be a qualified elector of this city and shall
15-13 have been a resident of this city for 12 months preceding
15-14 the election. The mayor shall continue to reside in this
15-15 city during the period of service. The mayor shall forfeit
15-16 that office on the same grounds and under the same procedure
15-17 as for councilmembers. The compensation of the mayor shall
15-18 be established in the same manner as for councilmembers.
15-19 SECTION 2.28.
15-20 Chief executive officer.
15-21 The mayor shall be the chief executive of this city. The
15-22 mayor shall possess all of the executive and administrative
15-23 power granted to the city under the Constitution and laws of
15-24 the State of Georgia, and all the executive and
15-25 administrative powers contained in this charter.
15-26 SECTION 2.29.
15-27 Powers and duties of mayor.
15-28 As the chief executive of this city, the mayor shall:
15-29 (1) See that all laws and ordinances of the city are
15-30 faithfully executed;
15-31 (2) Appoint and remove all officers, department heads,
15-32 and employees of the city except as otherwise provided
15-33 in this charter;
15-34 (3) Exercise supervision over all executive and
15-35 administrative work of the city and provide for the
15-36 coordination of administrative activities;
15-37 (4) Prepare and submit to the councilmembers a
15-38 recommended operating budget and capital budget;
15-39 (5) Submit to the city council at least once a year a
15-40 statement covering the financial conditions of the city
-15-
16- 1 and from time to time such other information as the city
16- 2 council may request;
16- 3 (6) Recommend to the city council such measures relative
16- 4 to the affairs of the city, improvement of the
16- 5 government, and promotion of the welfare of its
16- 6 inhabitants as the mayor may deem expedient;
16- 7 (7) Call special meetings of the city council as
16- 8 provided for in subsection (b) of Section 2.19 of this
16- 9 charter;
16-10 (8) Approve or disapprove ordinances as provided in
16-11 Section 2.31 of this charter;
16-12 (9) Provide for an annual audit of all accounts of the
16-13 city;
16-14 (10) Require any department or agency of the city to
16-15 submit written reports whenever the mayor deems it
16-16 expedient; and
16-17 (11) Perform such other duties as may be required by
16-18 law, this charter, or ordinance.
16-19 SECTION 2.30.
16-20 Limitation on terms of service.
16-21 There shall be no term limits for any mayor elected and
16-22 qualified under the laws of the State of Georgia and the
16-23 City of East Ellijay, Georgia.
16-24 SECTION 2.31.
16-25 Submission of ordinances to the mayor; veto power.
16-26 (a) Every ordinance adopted by the city council shall be
16-27 presented promptly by the city clerk to the mayor after its
16-28 adoption.
16-29 (b) The mayor, within ten calendar days of receipt of an
16-30 ordinance, shall return it to the city clerk with or without
16-31 the mayor's approval or with the mayor's disapproval. If
16-32 the ordinance has been approved by the mayor, it shall
16-33 become law upon its return to the clerk; if the ordinance is
16-34 neither approved nor disapproved, it shall become law at
16-35 12:00 Noon on the tenth calendar day after its adoption; if
16-36 the ordinance is disapproved, the mayor shall submit to the
16-37 city council through the clerk a written statement of the
16-38 reasons for the veto. The city clerk shall record upon the
16-39 ordinance the date of its delivery to and receipt from the
16-40 mayor.
-16-
17- 1 (c) Ordinances vetoed by the mayor shall be presented by the
17- 2 city clerk to the city council at its next meeting. If the
17- 3 city council then or at its next meeting adopts the
17- 4 ordinance by an affirmative vote of three members, it shall
17- 5 become law.
17- 6 (d) The mayor may disapprove or reduce any item or items of
17- 7 appropriation in any ordinance. The approved part or parts
17- 8 of any ordinance making appropriations shall become law, and
17- 9 the part or parts disapproved shall not become law unless
17-10 subsequently passed by the city council over the mayor's
17-11 veto as provided in this section. The reduced part or parts
17-12 shall be presented to the city council as though disapproved
17-13 and shall not become law unless overridden by the city
17-14 council as provided in subsection (c) of this section.
17-15 SECTION 2.32.
17-16 Mayor pro tempore; selection; duties.
17-17 By a majority vote, the city council shall elect a
17-18 councilmember to serve as mayor pro tempore. The mayor pro
17-19 tempore shall preside at all meetings of the city council
17-20 and shall assume the duties and powers of the mayor upon the
17-21 mayor's physical or mental disability or absence. The city
17-22 council by a majority vote shall elect a new presiding
17-23 officer from among its members for any period in which the
17-24 mayor pro tempore is disabled, absent, or acting as mayor.
17-25 Any such absence or disability shall be declared by majority
17-26 vote of all councilmembers.
17-27 ADMINISTRATIVE AFFAIRS
17-28 SECTION 3.10.
17-29 Administrative and service departments.
17-30 (a) Except as otherwise provided in this charter, the city
17-31 council by ordinance shall prescribe the functions or duties
17-32 and establish, abolish, alter, consolidate, or leave vacant
17-33 all nonelective offices, positions of employment,
17-34 departments, and agencies of the city as necessary for the
17-35 proper administration of the affairs and government of this
17-36 city.
17-37 (b) Except as otherwise provided by this charter or by law,
17-38 the directors of departments and other appointed officers of
17-39 the city shall be appointed solely on the basis of their
17-40 respective administrative and professional qualifications.
-17-
18- 1 (c) All appointed officers and directors of departments
18- 2 shall receive such compensation as prescribed by ordinance.
18- 3 (d) There shall be a director of each department or agency
18- 4 who shall be its principal officer. Each director shall,
18- 5 subject to the direction and supervision of the mayor, be
18- 6 responsible for the administration and direction of the
18- 7 affairs and operations of that director's department or
18- 8 agency.
18- 9 (e) All appointed officers and directors under the
18-10 supervision of the mayor shall be nominated by the mayor
18-11 with confirmation of appointment by the city council. All
18-12 appointed officers and directors shall be employees at will
18-13 and subject to removal or suspension at any time by the
18-14 mayor unless otherwise provided by law or ordinance.
18-15 SECTION 3.11.
18-16 Boards, commissions, and authorities.
18-17 (a) The city council shall create by ordinance such boards,
18-18 commissions, and authorities to fulfill any investigative,
18-19 quasi-judicial, or quasi-legislative function the city
18-20 council deems necessary and shall by ordinance establish the
18-21 composition, period of existence, duties, and powers
18-22 thereof.
18-23 (b) All members of boards, commissions, and authorities of
18-24 the city shall be appointed by the city council for such
18-25 terms of office and in such manner as shall be provided by
18-26 ordinance, except where other appointing authority, terms of
18-27 office, or manner of appointment is prescribed by this
18-28 charter or by law.
18-29 (c) The city council by ordinance may provide for the
18-30 compensation and reimbursement for actual and necessary
18-31 expenses of the members of any board, commission, or
18-32 authority.
18-33 (d) Except as otherwise provided by charter or by law, no
18-34 member of any board, commission, or authority shall hold any
18-35 elective office in the city.
18-36 (e) Any vacancy on a board, commission, or authority of the
18-37 city shall be filled for the unexpired term in the manner
18-38 prescribed in this charter for original appointment, except
18-39 as otherwise provided by this charter or by law.
18-40 (f) No member of a board, commission, or authority shall
18-41 assume office until that person has executed and filed with
-18-
19- 1 the clerk of the city an oath obligating that person to
19- 2 perform faithfully and impartially the duties of that
19- 3 person's office, such oath shall be prescribed by ordinance
19- 4 and administered by the mayor.
19- 5 (g) All board members serve at will and may be removed at
19- 6 any time by a vote of three members of the city council
19- 7 unless otherwise provided by law.
19- 8 (h) Except as otherwise provided by this charter or by law,
19- 9 each board, commission, or authority of the city shall elect
19-10 one of its members as chairperson and one member as vice
19-11 chairperson and may elect as its secretary one of its own
19-12 members or may appoint as secretary an employee of the city.
19-13 Each board, commission, or authority of the city government
19-14 may establish such bylaws, rules, and regulations, not
19-15 inconsistent with this charter, ordinances of the city, or
19-16 law, as it deems appropriate and necessary for the
19-17 fulfillment of its duties or the conduct of its affairs.
19-18 Copies of such bylaws, rules, and regulations shall be filed
19-19 with the clerk of the city.
19-20 SECTION 3.12.
19-21 City attorney.
19-22 The mayor shall appoint a city attorney, together with such
19-23 assistant city attorneys as may be authorized, and shall
19-24 provide for the payment of such attorney or attorneys for
19-25 services rendered to the city. The city attorney shall be
19-26 responsible for providing for the representation and defense
19-27 of the city in all litigation in which the city is a party;
19-28 may be the prosecuting officer in the municipal court; shall
19-29 attend the meetings of the council as directed; shall advise
19-30 the city council, mayor, and other officers and employees of
19-31 the city concerning legal aspects of the city's affairs; and
19-32 shall perform such other duties as may be required by virtue
19-33 of such person's position as city attorney.
19-34 SECTION 3.13.
19-35 The mayor shall appoint a city clerk who shall not be a
19-36 councilmember. The city clerk shall be custodian of the
19-37 official city seal and city records; maintain city council
19-38 records required by this charter; and perform such other
19-39 duties as may be required by the city council.
-19-
20- 1 SECTION 3.14.
20- 2 Position classification and pay plans.
20- 3 The mayor shall be responsible for the preparation of a
20- 4 position classification and pay plan which shall be
20- 5 submitted to the city council for approval. Such plan may
20- 6 apply to all employees of the city and any of its agencies,
20- 7 departments, boards, commissions, or authorities. When a
20- 8 pay plan has been adopted, the city council shall not
20- 9 increase or decrease the salary range applicable to any
20-10 position except by amendment of such pay plan. For purposes
20-11 of this section, all elected and appointed city officials
20-12 are not city employees.
20-13 SECTION 3.15.
20-14 Personnel policies.
20-15 All employees serve at will and may be removed from office
20-16 at any time unless otherwise provided by ordinance.
20-17 MUNICIPAL COURT
20-18 SECTION 4.10.
20-19 Creation; name.
20-20 There shall be a court to be known as the Municipal Court of
20-21 the City of East Ellijay.
20-22 SECTION 4.11.
20-23 Chief judge; associate judge.
20-24 (a) The municipal court shall be presided over by a chief
20-25 judge and such part-time, full-time, or stand-by judges as
20-26 shall be provided by ordinance.
20-27 (b) No person shall be qualified or eligible to serve as a
20-28 judge on the municipal court unless that person shall have
20-29 attained the age of 21 years, shall be a member of the State
20-30 Bar of Georgia, and shall possess all qualifications
20-31 required by law. All judges shall be appointed by the city
20-32 council and shall serve until a successor is appointed and
20-33 qualified.
20-34 (c) Compensation of the judges shall be fixed by ordinance.
20-35 (d) Judges serve at will and may be removed from office at
20-36 any time by the city council unless otherwise provided by
20-37 ordinance.
20-38 (e) Before assuming office, each judge shall take an oath,
20-39 given by the mayor, that such judge will honestly and
-20-
21- 1 faithfully discharge the duties of the office to the best of
21- 2 that person's ability and without fear, favor, or
21- 3 partiality. The oath shall be entered upon the minutes of
21- 4 the city council journal required in Section 2.20 of this
21- 5 charter.
21- 6 SECTION 4.12.
21- 7 The municipal court shall be convened at regular intervals
21- 8 as provided by ordinance.
21- 9 SECTION 4.13.
21-10 Jurisdiction; powers.
21-11 (a) The municipal court shall try and punish violations of
21-12 this charter, all city ordinances, and such other violations
21-13 as provided by law.
21-14 (b) The municipal court shall have authority to punish those
21-15 in its presence for contempt, provided that such punishment
21-16 shall not exceed $200.00 or ten days in jail.
21-17 (c) The municipal court may fix punishment for offenses
21-18 within its jurisdiction not exceeding a fine of $1,000.00 or
21-19 imprisonment for 90 days or both such fine and imprisonment
21-20 or may fix punishment by fine, imprisonment, or alternative
21-21 sentencing, as now or hereafter provided by law.
21-22 (d) The municipal court shall have authority to establish a
21-23 schedule of fees to defray the cost of operation and shall
21-24 be entitled to reimbursement of the cost of meals,
21-25 transportation, and caretaking of prisoners bound over to
21-26 superior courts for violations of state law.
21-27 (e) The municipal court shall have authority to establish
21-28 bail and recognizances to ensure the presence of those
21-29 charged with violations before such court and shall have
21-30 discretionary authority to accept cash or personal or real
21-31 property as surety for the appearance of persons charged
21-32 with violations. Whenever any person shall give bail for
21-33 that person's appearance and shall fail to appear at the
21-34 time fixed for trial, the bond shall be forfeited by the
21-35 judge presiding at such time and an execution issued thereon
21-36 by serving the defendant and the defendant's sureties with a
21-37 rule nisi at least two days before a hearing on the rule
21-38 nisi. In the event that cash or property is accepted in
21-39 lieu of bond for security for the appearance of a defendant
21-40 at trial, and if such defendant fails to appear at the time
21-41 and place fixed for trial, the cash so deposited shall be on
-21-
22- 1 order of the judge declared forfeited to the city, or the
22- 2 property so deposited shall have a lien against it for the
22- 3 value forfeited which lien shall be enforceable in the same
22- 4 manner and to the same extent as a lien for city property
22- 5 taxes.
22- 6 (f) The municipal court shall have the same authority as
22- 7 superior courts to compel the production of evidence in the
22- 8 possession of any party; to enforce obedience to its orders,
22- 9 judgments, and sentences; and to administer such oaths as
22-10 are necessary.
22-11 (g) The municipal court may compel the presence of all
22-12 parties necessary to a proper disposal of each case by the
22-13 issuance of summonses, subpoenas, and warrants which may be
22-14 served as executed by any officer as authorized by this
22-15 charter or by law.
22-16 (h) Each judge of the municipal court shall be authorized to
22-17 issue warrants for the arrest of persons charged with
22-18 offenses against any ordinance of the city, and each judge
22-19 of the municipal court shall have the same authority as a
22-20 magistrate of the state to issue warrants for offenses
22-21 against state laws committed within the city.
22-22 SECTION 4.14.
22-23 The right of certiorari from the decision and judgment of
22-24 the municipal court shall exist in all criminal cases and
22-25 ordinance violation cases, and such certiorari shall be
22-26 obtained under the sanction of a judge of the Superior Court
22-27 of Gilmer County under the laws of the State of Georgia
22-28 regulating the granting and issuance of writs of certiorari.
22-29 SECTION 4.15.
22-30 Rules for court.
22-31 With the approval of the city council, the judge shall have
22-32 full power and authority to make reasonable rules and
22-33 regulations necessary and proper to secure the efficient and
22-34 successful administration of the municipal court; provided,
22-35 however, that the city council may adopt in part or in toto
22-36 the rules and regulations applicable to municipal courts.
22-37 The rules and regulations made or adopted shall be filed
22-38 with the city clerk, shall be available for public
22-39 inspection, and, upon request, a copy shall be furnished to
22-40 all defendants in municipal court proceedings at least 48
22-41 hours prior to such proceedings.
-22-
23- 1 ELECTIONS AND REMOVAL
23- 2 SECTION 5.10.
23- 3 Applicability of general law.
23- 4 All primaries and elections shall be held and conducted in
23- 5 accordance with Chapter 2 of Title 21 of the O.C.G.A., the
23- 6 "Georgia Election Code," as now or hereafter amended.
23- 7 SECTION 5.11.
23- 8 Regular elections; time for holding.
23- 9 Beginning in the year 1999, on the Tuesday following the
23-10 first Monday in November, there shall be an election for the
23-11 mayor and the city council. The terms of office shall begin
23-12 at the organizational meeting held on January 2 following
23-13 the November election.
23-14 SECTION 5.12.
23-15 Nonpartisan elections.
23-16 Political parties shall not conduct primaries for city
23-17 offices and all names of candidates for city offices shall
23-18 be listed without party designations.
23-19 SECTION 5.13.
23-20 Election by plurality.
23-21 The person receiving a plurality of the votes cast for any
23-22 city office shall be elected.
23-23 SECTION 5.14.
23-24 Special elections; vacancies.
23-25 In the event that the office of mayor or councilmember shall
23-26 become vacant as provided in Section 2.12 of this charter,
23-27 the city council or those remaining shall order a special
23-28 election to fill the balance of the unexpired term of such
23-29 official; provided, however, if such vacancy occurs within
23-30 12 months of the expiration of the term of that office, the
23-31 city council or those remaining shall appoint a successor
23-32 for the remainder of the term. In all other respects, the
23-33 special election shall be held and conducted in accordance
23-34 with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia
23-35 Election Code," as now or hereafter amended.
-23-
24- 1 SECTION 5.15.
24- 2 Other provisions.
24- 3 Except as otherwise provided by this charter, the city
24- 4 council shall, by ordinance, prescribe such rules and
24- 5 regulations as it deems appropriate to fulfill any options
24- 6 and duties under Chapter 2 of Title 21 of the O.C.G.A., the
24- 7 "Georgia Election Code."
24- 8 SECTION 5.16.
24- 9 Removal of officers.
24-10 (a) The mayor, councilmembers, or other appointed officers
24-11 provided for in this charter shall be removed from office
24-12 for any one or more of the causes provided in Title 45 of
24-13 the O.C.G.A. or such other applicable laws as are or may
24-14 hereafter be enacted.
24-15 (b) Removal of an officer pursuant to subsection (a) of this
24-16 section shall be accomplished by one of the following
24-17 methods:
24-18 (1) Following a hearing at which an impartial panel
24-19 shall render a decision. In the event an elected officer
24-20 is sought to be removed by the action of the city
24-21 council, such officer shall be entitled to a written
24-22 notice specifying the ground or grounds for removal and
24-23 to a public hearing which shall be held not less than
24-24 ten days after the service of such written notice. The
24-25 city council shall provide by ordinance for the manner
24-26 in which such hearings shall be held. Any elected
24-27 officer sought to be removed from office as provided in
24-28 this section shall have the right of appeal from the
24-29 decision of the city council to the Superior Court of
24-30 Gilmer County. Such appeal shall be governed by the
24-31 same rules as govern appeals to the superior court from
24-32 the probate court; or
24-33 (2) By an order of the Superior Court of Gilmer County
24-34 following a hearing on a complaint seeking such removal
24-35 brought by any resident of the City of East Ellijay.
24-36 SECTION 6.10.
24-37 Property tax.
24-38 The city council may assess, levy, and collect an ad valorem
24-39 tax on all real and personal property within the corporate
-24-
25- 1 limits of the city that is subject to such taxation by the
25- 2 state and county. This tax is for the purpose of raising
25- 3 revenues to defray the costs of operating the city
25- 4 government, of providing governmental services, for the
25- 5 repayment of principal and interest on general obligations,
25- 6 and for any other public purpose as determined by the city
25- 7 council in its discretion.
25- 8 SECTION 6.11.
25- 9 Millage rate; due dates; payment methods.
25-10 The city council by ordinance shall establish a millage rate
25-11 for the city property tax, a due date, and the time period
25-12 within which these taxes must be paid. The city council by
25-13 ordinance may provide for the payment of these taxes by
25-14 installments or in one lump sum, as well as authorize the
25-15 voluntary payment of taxes prior to the time when due.
25-16 SECTION 6.12.
25-17 Occupation and business taxes.
25-18 The city council by ordinance shall have the power to levy
25-19 such occupation or business taxes as are not denied by law.
25-20 The city council may classify businesses, occupations, or
25-21 professions for the purpose of such taxation in any way
25-22 which may be lawful and may compel the payment of such taxes
25-23 as provided in Section 6.18 of this charter.
25-24 SECTION 6.13.
25-25 Regulatory fees; permits.
25-26 The city council by ordinance shall have the power to
25-27 require businesses or practitioners doing business in this
25-28 city to obtain a permit for such activity from the city and
25-29 pay a reasonable regulatory fee for such permit as provided
25-30 by general law. Such fees shall reflect the total cost to
25-31 the city of regulating the activity and, if unpaid, shall be
25-32 collected as provided in Section 6.18 of this charter.
25-33 SECTION 6.14.
25-34 (a) The city council shall have the power to grant
25-35 franchises for the use of this city's streets and alleys for
25-36 the purposes of railroads, street railways, telephone
25-37 companies, electric companies, electric membership
25-38 corporations, cable television and other telecommunications
25-39 companies, gas companies, transportation companies, and
25-40 other similar organizations. The city council shall
25-41 determine the duration, terms, whether the same shall be
-25-
26- 1 exclusive or nonexclusive, and the consideration for such
26- 2 franchises; provided, however, no franchise shall be granted
26- 3 for a period in excess of 35 years and no franchise shall be
26- 4 granted unless the city receives just and adequate
26- 5 compensation therefor. The city council shall provide for
26- 6 the registration of all franchises with the city clerk in a
26- 7 registration book kept by the clerk. The city council may
26- 8 provide by ordinance for the registration within a
26- 9 reasonable time of all franchises previously granted.
26-10 (b) If no franchise agreement is in effect, the city council
26-11 has the authority to impose a tax on gross receipts for the
26-12 use of this city's streets and alleys for the purposes of
26-13 railroads, street railways, telephone companies, electric
26-14 companies, electric membership corporations, cable
26-15 television and other telecommunications companies, gas
26-16 companies, transportation companies, and other similar
26-17 organizations.
26-18 SECTION 6.15.
26-19 Service charges.
26-20 The city council by ordinance shall have the power to assess
26-21 and collect fees, charges, and tolls for sewers, sanitary
26-22 and health services, or any other services provided or made
26-23 available within and outside the corporate limits of the
26-24 city for the total cost to the city of providing or making
26-25 available such services. If unpaid, such charges shall be
26-26 collected as provided in Section 6.18 of this charter.
26-27 SECTION 6.16.
26-28 Special assessments.
26-29 The city council by ordinance shall have the power to assess
26-30 and collect the cost of constructing, reconstructing,
26-31 widening, or improving any public way, street, sidewalk,
26-32 curbing, gutters, sewers, or other utility mains and
26-33 appurtenances from the abutting property owners under such
26-34 terms and conditions as are reasonable. If unpaid, such
26-35 charges shall be collected as provided in Section 6.18 of
26-36 this charter.
26-37 SECTION 6.17.
26-38 Construction; other taxes and fees.
26-39 This city shall be empowered to levy any other tax or fee
26-40 allowed now or hereafter by law, and the specific mention of
26-41 any right, power, or authority in this article shall not be
-26-
27- 1 construed as limiting in any way the general powers of this
27- 2 city to govern its local affairs.
27- 3 SECTION 6.18.
27- 4 Collection of delinquent taxes and fees.
27- 5 The city council by ordinance may provide generally for the
27- 6 collection of delinquent taxes, fees, or other revenue due
27- 7 the city under Sections 6.10 through 6.17 of this charter by
27- 8 whatever reasonable means as are not precluded by law. This
27- 9 shall include providing for the dates when the taxes or fees
27-10 are due; late penalties or interest; issuance and execution
27-11 of fi. fas.; creation and priority of liens; making
27-12 delinquent taxes and fees personal debts of the persons
27-13 required to pay the taxes or fees imposed; revoking city
27-14 permits for failure to pay any city taxes or fees; and
27-15 providing for the assignment or transfer of tax executions.
27-16 SECTION 6.19.
27-17 General obligation bonds.
27-18 The city council shall have the power to issue bonds for the
27-19 purpose of raising revenue to carry out any project,
27-20 program, or venture authorized under this charter or the
27-21 laws of the state. Such bonding authority shall be
27-22 exercised in accordance with the laws governing bond
27-23 issuance by municipalities in effect at the time such issue
27-24 is undertaken.
27-25 SECTION 6.20.
27-26 Revenue bonds.
27-27 Revenue bonds may be issued by the city council as state law
27-28 now or hereafter provides. Such bonds are to be paid out of
27-29 any revenue produced by the project, program, or venture for
27-30 which they were issued.
27-31 SECTION 6.21.
27-32 Short-term loans.
27-33 The city may obtain short-term loans and must repay such
27-34 loans not later than December 31 of each year, unless
27-35 otherwise provided by law.
27-36 SECTION 6.22.
27-37 Lease-purchase contracts.
27-38 The city may enter into multiyear lease, purchase, or
27-39 lease-purchase contracts for the acquisition of goods,
27-40 materials, real and personal property, services, and
27-41 supplies, provided the contract terminates without further
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28- 1 obligation on the part of the municipality at the close of
28- 2 the calendar year in which it was executed and at the close
28- 3 of each succeeding calendar year for which it may be
28- 4 renewed. Contracts must be executed in accordance with the
28- 5 requirements of Code Section 36-60-13 of the O.C.G.A., or
28- 6 other such applicable laws as are or may hereafter be
28- 7 enacted.
28- 8 SECTION 6.23.
28- 9 The city council shall set the fiscal year by ordinance.
28-10 This fiscal year shall constitute the budget year and the
28-11 year for financial accounting and reporting of each and
28-12 every office, department, agency, and activity of the city
28-13 government.
28-14 SECTION 6.24.
28-15 Preparation of budgets.
28-16 The city council shall provide an ordinance on the
28-17 procedures and requirements for the preparation and
28-18 execution of an annual operating budget, a capital
28-19 improvement plan, and a capital budget, including
28-20 requirements as to the scope, content, and form of such
28-21 budgets and plans.
28-22 SECTION 6.25.
28-23 Submission of operating budget
28-24 to city council.
28-25 On or before a date fixed by the city council but not later
28-26 than 15 days prior to the beginning of each fiscal year, the
28-27 mayor shall submit to the city council a proposed operating
28-28 budget for the ensuing fiscal year. The budget shall be
28-29 accompanied by a message from the mayor containing a
28-30 statement of the general fiscal policies of the city, the
28-31 important features of the budget, explanations of major
28-32 changes recommended for the next fiscal year, a general
28-33 summary of the budget, and such other pertinent comments and
28-34 information. The operating budget and the capital budget
28-35 hereinafter provided for, the budget message, and all
28-36 supporting documents shall be filed in the office of the
28-37 city clerk and shall be open to public inspection.
28-38 SECTION 6.26.
28-39 Action by city council on budget.
28-40 (a) The city council may amend the operating budget proposed
28-41 by the mayor, except that the budget as finally amended and
-28-
29- 1 adopted must provide for all expenditures required by state
29- 2 law or by other provisions of this charter and for all debt
29- 3 service requirements for the ensuing fiscal year, and the
29- 4 total appropriations from any fund shall not exceed the
29- 5 estimated fund balance, reserves, and revenues.
29- 6 (b) The city council by ordinance shall adopt the final
29- 7 operating budget for the ensuing fiscal year not later than
29- 8 July 31 of each year. If the city council fails to adopt
29- 9 the budget by said date, the amounts appropriated for
29-10 operation for the then current fiscal year shall be deemed
29-11 adopted for the ensuing fiscal year on a month-to-month
29-12 basis, with all items prorated accordingly, until such time
29-13 as the city council adopts a budget for the ensuing fiscal
29-14 year. Adoption of the budget shall take the form of an
29-15 appropriations ordinance setting out the estimated revenues
29-16 in detail by sources and making appropriations according to
29-17 fund and by organizational unit, purpose, or activity as set
29-18 out in the budget preparation ordinance adopted pursuant to
29-19 Section 6.24 of this charter.
29-20 (c) The amount set out in the adopted operating budget for
29-21 each organizational unit shall constitute the annual
29-22 appropriation for such, and no expenditure shall be made or
29-23 encumbrance created in excess of the otherwise unencumbered
29-24 balance of the appropriations or allotment thereof to which
29-25 it is chargeable.
29-26 SECTION 6.27.
29-27 Levy of taxes.
29-28 The city council shall levy by ordinance such taxes as are
29-29 necessary. The taxes and tax rates set by such ordinance
29-30 shall be such that reasonable estimates of revenues from
29-31 such levy shall at least be sufficient, together with other
29-32 anticipated revenues, fund balances, and applicable
29-33 reserves, to equal the total amount appropriated for each of
29-34 the several funds set forth in the annual operating budget
29-35 for defraying the expenses of the general government of this
29-36 city.
29-37 SECTION 6.28.
29-38 Changes in appropriations.
29-39 The city council by ordinance may make changes in the
29-40 appropriations contained in the current operating budget at
29-41 any regular meeting or special or emergency meeting called
29-42 for such purpose, but any additional appropriations may be
29-43 made only from an existing unexpended surplus.
-29-
30- 1 SECTION 6.29.
30- 2 Capital budget.
30- 3 (a) On or before the date fixed by the city council, but not
30- 4 later than 15 days prior to the beginning of each fiscal
30- 5 year, the mayor shall submit to the city council a proposed
30- 6 capital improvements plan with a recommended capital budget
30- 7 containing the means of financing the improvements proposed
30- 8 for the ensuing fiscal year. The city council shall have
30- 9 power to accept, with or without amendments, or reject the
30-10 proposed plan and budget. The city council shall not
30-11 authorize an expenditure for the construction of any
30-12 building, structure, work, or improvement unless the
30-13 appropriations for such project are included in the capital
30-14 budget, except to meet a public emergency as provided in
30-15 Section 2.24 of this charter.
30-16 (b) The city council shall adopt by ordinance the final
30-17 capital budget for the ensuing fiscal year not later than
30-18 July 31 of each year. No appropriation provided for in a
30-19 prior capital budget shall lapse until the purpose for which
30-20 the appropriation was made shall have been accomplished or
30-21 abandoned; provided, however, the mayor may submit
30-22 amendments to the capital budget at any time during the
30-23 fiscal year, accompanied by recommendations. Any such
30-24 amendments to the capital budget shall become effective only
30-25 upon adoption by ordinance.
30-26 SECTION 6.30.
30-27 Independent audit.
30-28 There shall be an annual independent audit of all city
30-29 accounts, funds, and financial transactions by a certified
30-30 public accountant selected by the city council. The audit
30-31 shall be conducted according to generally accepted auditing
30-32 principles. Any audit of any funds by the state or federal
30-33 governments may be accepted as satisfying the requirements
30-34 of this charter. Copies of annual audit reports shall be
30-35 available at printing costs to the public.
30-36 SECTION 6.31.
30-37 Contracting procedures.
30-38 No contract with the city shall be binding on the city
30-39 unless:
30-40 (1) It is in writing;
-30-
31- 1 (2) It is drawn by or submitted and reviewed by the city
31- 2 attorney and, as a matter of course, is signed by the
31- 3 city attorney to indicate such drafting or review; and
31- 4 (3) It is made or authorized by the city council and
31- 5 such approval is entered in the city council journal of
31- 6 proceedings pursuant to Section 2.20 of this charter.
31- 7 SECTION 6.32.
31- 8 Centralized purchasing.
31- 9 The city council shall by ordinance prescribe procedures for
31-10 a system of centralized purchasing for the city.
31-11 SECTION 6.33.
31-12 Sale and lease of city property.
31-13 (a) The city council may sell and convey or lease any real
31-14 or personal property owned or held by the city for
31-15 governmental or other purposes as now or hereafter provided
31-16 by law.
31-17 (b) The city council may quitclaim any rights it may have in
31-18 property not needed for public purposes upon report by the
31-19 mayor and adoption of a resolution, both finding that the
31-20 property is not needed for public or other purposes and that
31-21 the interest of the city has no readily ascertainable
31-22 monetary value.
31-23 (c) Whenever in opening, extending, or widening any street,
31-24 avenue, alley, or public place of the city a small parcel or
31-25 tract of land is cut off or separated by such work from a
31-26 larger tract or boundary of land owned by the city, the city
31-27 council may authorize the mayor to sell and convey said
31-28 cut-off or separated parcel or tract of land to an abutting
31-29 or adjoining property owner or owners where such sale and
31-30 conveyance facilitates the enjoyment of the highest and best
31-31 use of the abutting owner's property. Included in the sales
31-32 contract shall be a provision for the rights of way of said
31-33 street, avenue, alley, or public place. Each abutting
31-34 property owner shall be notified of the availability of the
31-35 property and given the opportunity to purchase said property
31-36 under such terms and conditions as set out by ordinance.
31-37 All deeds and conveyances heretofore and hereafter so
31-38 executed and delivered shall convey all title and interest
31-39 the city has in such property, notwithstanding the fact that
31-40 no public sale after advertisement was or is hereafter made.
-31-
32- 1 GENERAL PROVISIONS
32- 2 SECTION 7.10.
32- 3 Bonds for officials.
32- 4 The officers and employees of this city, both elected and
32- 5 appointed, shall execute such surety or fidelity bonds in
32- 6 such amounts and upon such terms and conditions as the city
32- 7 council shall from time to time require by ordinance or as
32- 8 may be provided by law.
32- 9 SECTION 7.11.
32-10 Prior ordinances.
32-11 All ordinances, resolutions, rules, and regulations now in
32-12 force in the city not inconsistent with this charter are
32-13 declared valid and of full effect and force until amended or
32-14 repealed by the city council.
32-15 SECTION 7.12.
32-16 Existing personnel and officers.
32-17 Except as specifically provided otherwise by this charter,
32-18 all personnel and officers of this city and their rights,
32-19 privileges, and powers shall continue beyond the time this
32-20 charter takes effect for a period of 30 days before or
32-21 during which the existing city council shall pass a
32-22 transition ordinance detailing the changes in personnel and
32-23 appointed officers required or desired and arranging such
32-24 titles, rights, privileges, and powers as may be required or
32-25 desired to allow a reasonable transition.
32-26 SECTION 7.13.
32-27 Pending matters.
32-28 Except as specifically provided otherwise by this charter,
32-29 all rights, claims, actions, orders, contracts, and legal or
32-30 administrative proceedings shall continue and any such
32-31 ongoing work or cases shall be completed by such city
32-32 agencies, personnel, or offices as may be provided by the
32-33 city council.
32-34 SECTION 7.14.
32-35 Construction.
32-36 (a) Section captions in this charter are informative only
32-37 and are not to be considered as a part thereof.
32-38 (b) The word "shall" is mandatory and the word "may" is
32-39 permissive.
-32-
33- 1 (c) The singular shall include the plural, the masculine
33- 2 shall include the feminine, and vice versa.
33- 3 SECTION 7.15.
33- 4 Severability.
33- 5 If any article, section, subsection, paragraph, sentence, or
33- 6 part thereof of this charter shall be held to be invalid or
33- 7 unconstitutional, such invalidity or unconstitutionality
33- 8 shall not affect or impair other parts of this charter
33- 9 unless it clearly appears that such other parts are wholly
33-10 and necessarily dependent upon the part held to be invalid
33-11 or unconstitutional, it being the legislative intent in
33-12 enacting this charter that each article, section,
33-13 subsection, paragraph, sentence, or part thereof be enacted
33-14 separately and independent of each other.
33-15 SECTION 7.16.
33-16 Specific repealer.
33-17 An Act incorporating the City of East Ellijay in the County
33-18 of Gilmer, approved March 28, 1986 (Ga. L. 1986, p. 5416),
33-19 is hereby repealed in its entirety and all amendatory acts
33-20 thereto are likewise repealed in their entirety.
33-21 SECTION 7.16.
33-22 Effective date.
33-23 This Act shall become effective on April 1, 1999.
33-24 SECTION 7.17.
33-25 General repealer.
33-26 All laws and parts of laws in conflict with this Act are
33-27 repealed.
-33-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
